1. ELIGIBILITY
You must be 16 years of age or older to participate in ClixSense. ClixSense is open to US and International members and is void where prohibited by local governing laws.
In an effort to ensure the integrity of the ClixSense advertising program, the persons in any of the following categories are NOT eligible to participate in the ClixSense program in the capacity of ad viewer: (a) persons who are employees or agents of ClixSense, or its respective parents, subsidiaries, affiliated companies, or service agencies, or independent contractors of any of the above organizations; and (b) persons who are immediate family (defined as mother, father, sister, brother, daughter, son or spouse) of any person in any of the preceding categories, regardless of where they live. Nothing herein shall be construed to prohibit a person’s right to maintain a ClixSense account for advertising purposes nor does this policy restrict the promotion of a person’s affiliate link.
2. RESPONSABILITY OF MEMBERS
You agree to and must use your own name and email address in the sign-up process and may not assume a false identity. You may not sign-up multiple times with different email addresses. Your computer must not be shared with another individual that has an existing ClixSense account. ClixSense is limited to one account per household.
You will use your username / password combination to access your account and it is your responsibility to keep this information confidential. You may change this information by logging into your account and following the "My Profile" link. You are solely responsible for any and all use of your ClixSense account including authorization by you to any third party individual who may use your account. Any unauthorized access to your account should be reported immediately.
Should ClixSense detect any instances of fraud, system abuse, or any type of activity deemed to be inappropriate or illegal in the sole discretion of ClixSense, these actions may result in member termination and possible legal action as well as forfeiture of any earned commissions not yet disbursed to you from ClixSense.
3. RELATIONSHIP OF THE PARTIES
Nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and ClixSense. You understand that you do not have authority to make or accept any offers or make any representations on behalf of ClixSense. You may not make any statement, whether on your site or otherwise, that would contradict anything in this section. You are solely responsible for the reporting and payment of any taxes for money earned from ClixSense Advertisers and/or ClixSense.
4. LIMITATION OF LIABILITY
ClixSense will not be liable for lost profits, lost business opportunities, or any other indirect, special, punitive, incidental or consequential damages arising out of or related to this Agreement or ClixSense, even if ClixSense has been advised of the possibility of such damages. Furthermore, ClixSense aggregate liability arising under this Agreement will not exceed the amount of the total fees paid or payable to you under this Agreement. The provisions of this section survive termination or expiration of the Agreement. We make no express or implied warranties or representations with respect to the member program or any services or other items advertised through ClixSense (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. ClixSense is not responsible if your PC becomes infected with malware, virus or other program that effects the performance of your PC. It is the members responsibility to maintain a good anti virus and anti malware program on their PC. ClixSense checks each advertisememt that is submitted to our system to be sure it does not contain any harmful code or programs. ClixSense is not responsible for any repair or virus removal bills that may be incurred if the member feels he/she was infected from an ad on our website.
5. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless ClixSense, its officers, directors, employees, agents, members, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorney's fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses").
6. THIRD PARTY WEB SITES
ClixSense may now, or hereafter from time to time, contain links to third-party web sites. We do not control, investigate, monitor or check such web sites, we are not responsible for the computer programs available from, content in or opinions expressed at such web sites, and we do not investigate, monitor or check. We provide such third-party links only as a convenience to visitors of the site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the site and access any third-party web site, you do so at your own risk.
7. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that this member Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this member Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the;
- provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or;
- the terms of any other agreement, document or instrument applicable to you or binding upon you.
ClixSense may retain and use, subject to the terms of the ClixSense Privacy Policy (all information you provide, including but not limited to site demographics and contact and billing information. You agree that ClixSense may transfer and disclose to third parties personally identifiable information about you for the purpose of approving and enabling your participation in the program, including to third parties that reside in jurisdictions with less restrictive data laws than your own. ClixSense may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. ClixSense disclaims all responsibility, and will not be liable to you, however, for any disclosure of that information by any such third party. ClixSense may share non-personally-identifiable information about you, including site URLs, site-specific statistics and similar information collected by ClixSense, with advertisers, business partners, sponsors, and other third parties. In addition, you grant ClixSense the right to access, index and cache the site(s), or any portion thereof, including by automated means.
9. PAYMENTS
Members may earn by visiting the advertiser websites after they have logged into their ClixSense account. Members may also have the opportunity to earn by referring new members to ClixSense when affiliate promotions are in effect. ClixSense will announce start and end dates for any affiliate promotions offered either by email notification or notification posted on the website. Members can earn a percentage of advertising revenues collected by ClixSense.
Members will be paid all earnings via the method of choice as described on this page.
All checks issued by ClixSense are valid for a period of 60 days from the date of issuance. It is the responsibility of the recipient to cash or deposit checks in a timely manner consistent with the 60-day time frame. Any check not cashed within the validity time frame is subject to cancellation and/or forfeiture. If you fail to contact us within the 60-day time frame to make other arrangements (such as to cancel, reissue, etc) and your check expires, ClixSense will not issue a refund or credit the expired check back to your account balance.
Any payouts due to you will not be deemed “owed” until you reach the necessary payout levels. Should your ClixSense account incur no activity for a period of 90 consecutive days your account will be canceled and any earnings accrued will be forfeited.
10. SPAM POLICY
You may not promote your referral links through unsolicited emailing (i.e. SPAMMING), newsgroup postings, or any other method of mass communication. Failure to comply will result in immediate termination of your membership with ClixSense, and may result in legal prosecution. ClixSense strictly enforces anti-Spamming laws. Spamming is a federal crime. Any member caught Spamming will not only have their account terminated immediately and lose any past, present and future earnings, but shall also be held liable for spamming as we shall cooperate with any authorities and investigations that may arise from the spamming incident. ClixSense may fine your account up to $5 per spam email reported from you email address.
11. ADVERTISER REQUIREMENTS
Any advertisement submitted for consideration to ClixSense will first be approved by our staff before being activated. Websites containing malicious script or code, excessive pop-ups, or viruses are prohibited. No site (url) that is approved shall materially be changed after approval such that the content of the site after the original approval is thereafter in violation of the terms of ClixSense. In summary, and without being exhaustive, no sites promoting the follow shall be submitted to ClixSense:
- Adult Content or Sexually Themed Material
- Drugs and Drug Paraphernalia
- Tobacco Sales
- Discriminatory Practices
- Hate / Violence Sites
- Weapons Sales
- Pharmaceutical Sales
- Illegal Downloads
- Gambling
ClixGrid - Ads that are submitted to ClixGrid will be valid for a period of 30 days from the date the ad is accepted. In the event that the advertised website goes offline or there is a problem with the ad, the Advertiser may request to have their link changed. ClixSense will allow one change per 30 day advertising period. If an advertiser requests to cancel the ad while it is still active, ClixSense will pro-rate the refund based on an average of $0.50 (fifty cents) per day. No more than 1 change per 30 day period will be permitted.
ClixSense reserves the right to reject advertisements at our sole discretion.
12. ACCOUNT ABUSE
Multiple registrations shall be grounds for immediate termination of all involved accounts. Registering multiple accounts from the same IP address or from the same computer also constitutes fraud. Any use of Internet bots, also known as web robots or simply bots would be ground for immediate termination of your ClixSense account. Bots are software applications that run automated tasks over the internet. Typically, bots perform tasks that are both simple and structurally repetitive, at a much higher rate than would be possible for a human editor alone. ClixSense may file charges for recovery of any earnings received from multiple registrations or any other type fraud or abuse outlined within this membership agreement. This conduct will result in the forfeiture of any ClixSense earnings you have generated. It is agreed between the member and ClixSense that determining the specific dollar amount of damages sustained to the reputation of ClixSense as a result of the fraudulent actions of either our advertisers or our members would be in some cases difficult to prove. ClixSense takes seriously our obligation to protect our advertisers to be sure they are getting the true value of their investment dollars. For that reason, any breach of this agreement would automatically result in liquidated damages of $1500 in addition to any actual damages sustained by ClixSense. ClixSense reserves the right in their discretion to suspend an account upon investigation and conclusion that a fraudulent or deceptive act is occurring or likely to occur.
In the event that you issue a chargeback on a transaction you completed while logged into your ClixSense account, ClixSense will suspend your account. A transaction is defined as a purchase that you knowingly made for either an advertisement, upgrade or a clixgrid advertisement. ClixSense may at its discretion take you (the member who issued the chargeback) to small claims court to recover fee's associated with the chargeback, including travel expenses incurred to file the necessary court paperwork. ClixSense records all user activity while you (the member) is logged in. This includes the IP address that you accessed your account from, browser, and all clicks and pages accessed during your login. This information may be used to prove you did indeed authorize the transaction(s) in question. If you wish to have your account "unsuspended" you must agree to pay the initial transaction cost plus a $10 chargeback fee. This payment must be made in the form of a Bank Money order and mailed to: ClixSense.com, 734 W. Liberty St. Rome, NY 13440, USA. Under no circumstances will ClixSense reinstate an account that has issued a chargeback until such chargeback and initial transaction fees are paid.
13. MISCELLANEOUS
This Agreement will be governed by the laws of the UNITED STATES OF AMERICA, without reference to rules governing choice of laws. Any action relating to this member Agreement or any products or services of ClixSense must be brought in the state court in Oneida County, New York and you irrevocably consent to the jurisdiction of such courts. You may not assign this member Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this member Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this member Agreement.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CLIXSENSE AND BY CLICKING ON THE REGISTRATION BUTTON (IF YOU ARE ACTING ON BEHALF OF YOURSELF AS AN INDIVIDUAL) OR YOUR COMPANY (IF YOU ARE ACTING ON BEHALF OF YOUR COMPANY) (THE "MEMBER") AGREE(S) TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS MEMBER AGREEMENT. BY ACCEPTING THIS USER AGREEMENT YOU ARE HEREBY BOUND TO THE RULES AND GUIDELINES LISTED ABOVE. PLEASE READ THIS ENTIRE MEMBER AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.
