|
Listing Agreement:
GENERAL:
By listing or adding your site
with Atomicbot.com, you are entering into a binding legal agreement, as
set forth below. Please read this agreement carefully since, by
listing or adding your site with Atomicbot.com, you are signifying your
assent to this agreement. As used in this agreement, the terms
"Advertiser" and "You" means you, individually, and
the company or entity which you represent.
PAYMENT:
Advertiser agrees to pay
Atomicbot.com all applicable charges to your account in United States
dollars, in accordance with the terms of the program, including, if any,
all applicable taxes, in accordance with billing terms in effect at the
time the fee becomes payable. You understand that you will be charged
for all clicks on your search listings, and that such charges will be
based on the number of clicks on all search listings, multiplied by the
amount you have bid for each such search listing.
REPRESENTATIONS
AND WARRANTIES: You
represent and warrant that you have sufficient authority to enter into
this Agreement. You represent and warrant that each of your search
listings meets the standards and requirements of Atomicbot.com, as
outlined below. You will not hold Atomicbot.com its owners or affiliates
liable or responsible for the activities of visitors who come to your
site(s) through a link provided from Atomicbot.com.
SITE
STANDARDS: Sites listed
on Atomicbot.com must meet our Listing
Guidelines and cannot contain adult, hate, racist content.
Additionally Atomicbot may in it's sole discretion remove listings that
promote adult content; pornography; violence; or promote discrimination
based on race, sex, religion, nationality, disability, sexual
orientation, or age; promote illegal activities; and violate or infringe
upon the rights of any third party, including intellectual property.
Accounts with listings linking to such material are subject to
termination. Atomicbot.com reserves the right to terminate said accounts
at any time.
YOUR
SITE: You hereby
acknowledge that Atomicbot.com is not responsible for maintenance of
your web site(s). You are responsible for updating search listings
for changes in links and/or content.
INDEMNIFICATION:
Advertiser agrees to indemnify and hold harmless Atomicbot.com, and its
affiliates, from and against any losses, costs, damages or expense
(including reasonable attorneys' fees) resulting from claims or actions
arising out of or in connection with Advertiser's website content or
Advertiser's breach of any agreement, representation or warranty
hereunder, including, without limitation, claims for infringement of
copyright or other intellectual property rights and violation of rights
of privacy and publicity.
CUSTOMER
SERVICE:
You agree to receive standard customer service (username/password
confirmation, zero balance, etc.) messages delivered via email to the
email address listed in your Atomicbot members account.
DISCLAIMER
AND LIMITATION OF LIABILITY: YOU
EXPRESSLY AGREE THAT USE OF Atomicbot.com IS AT YOUR OWN RISK.
Atomicbot.com MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF
THE SERVICE FOR A PARTICULAR PURPOSE INCLUDING, WITHOUT LIMITATION, THE
NUMBER OF CLICKS WHICH WILL BE DELIVERED. Atomicbot.com SHALL NOT BE
LIABLE FOR THE CONTENTS OF ANY WEB SITES OR PAGES, NOR FOR ANY LOSS,
COSTS, DAMAGE OF EXPENSE (INCLUDING REASONABLE ATTORNEY’S FEES)
INCURRED BY CLIENT INCLUDING, WITHOUT LIMITATION, FOR ANY TECHNICAL
MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA OR OTHER INJURY DAMAGE OR
DISRUPTION TO CLIENT. IN NO EVENT SHALL Atomicbot.com LIABILITY EVER
EXCEED THE TOTAL AMOUNT PAID TO Atomicbot.com BY ADVERTISER HEREUNDER.
IN NO EVENT SHALL Atomicbot.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO
THIS AGREEMENT EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT
Atomicbot.com HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. Atomicbot.com
WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT,
ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE
PARTIES, A DELAY IN CHANGING A BID BY YOU, OR IF ITS SITE BECOMES
INOPERABLE OR INCAPABLE OF PERFORMING AS INTENDED. Atomicbot.com MAKES
NO REPRESENTATIONS THAT THE OPERATION OF ITS SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY
INTERRUPTIONS OR ERRORS.
RIGHT
TO REJECT LISTINGS:
Atomicbot.com reserves the right to reject any and all listings, whether
new or submitted by current account holders, that do not meet the
standards of Atomicbot.com directory, as outlined within this agreement,
within the site and in accordance to our Listing
Guidelines.
CANCELLATION
OR TERMINATION: If you
are not satisfied with services provided by Atomicbot.com, with any of
the terms and conditions contained herein, or wish to terminate your
account for any reason your sole remedy is to delete your account. In
all cases of cancellation, $35.00 of your initial deposit constitutes a
setup, cancellation and administrative fee and is non-refundable. Any monies remaining in your account
after deducting click charges and setup fees will be refunded within 30
days of termination of your account. Bonus credits and amounts
including sign-up and special promotions may be applied toward click
charges only and are non-refundable.
MISCELLANEOUS:
This agreement shall be
governed by and construed in accordance with the substantive laws of the
Province of Alberta, Canada and jurisdiction and venue of all matters
relating to this agreement shall be vested exclusively in the Province
of Alberta or Alberta Supreme Court, City of Calgary, Canada and you
agree to the jurisdiction of such Courts. No waiver, modification or
addition to this agreement shall be valid. This agreement constitutes
the entire agreement between the parties relating to the participation
in Atomicbot.com's pay-per-click program. Atomicbot.com reserves the
right to change these terms and may change this agreement by posting
such changes. Advertiser's continued participation following such
changes shall be deemed as assent to such changes.
List
your Site Here!
|
