This agreement shall govern participation in the XTargeting program. By participating in the program, you will be deemed to have agreed to these terms and conditions. The term ‘customer’ shall refer to any individual or entity who accepts the terms and conditions of this agreement by submitting the program registration. The program is offered to you by XTargeting.
All clients are required to pay one-hundred percent (100%) of the cost of the campaign before its activation. All charges are quoted and billed in US Dollars unless otherwise noted. XTargeting reserves the right to set and negotiate specific payment terms on a client-by-client basis.
If you use the monthly spending/budget control feature, you agree that your credit card will be charged the amount specified by you to ensure your account is not turned off when your account balance is lower than your defined monthly budget. The client acknowledges and agrees that any credit card and related billing and payment information that the client provides to XTargeting may be shared by XTargeting with companies who work on XTargeting’s behalf, such as payment processors and/or credit agencies solely for the purposes of checking credit and/or effecting payment to XTargeting and servicing customer’s account. XTargeting 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. XTargeting shall not be liable for any use or disclosure of such information by such third parties.
Trial Offers, Coupons, Credits and Special Offers. XTargeting reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. The promotional credit must be applied to a new XTargeting advertiser account within 15 days of creating the account and is valid only for new XTargeting advertisers. Advertisers will be charged for advertising that exceeds the promotional credit and will need to suspend their campaigns if they do not wish to receive additional charges beyond the free credit amount. The free credit is subject to ad approval, valid registration and acceptance of the XTargeting standard agreement and terms and conditions. The promotional credit is non-transferable and may not be sold or bartered. Offers may be revoked at any time for any reason by XTargeting One promotional credit is available per customer.
In case of any overdue payments, there will be a 5% interest rate added to the total amount. All payments should be paid within the terms agreed and due dates stated on the invoices.
XTargeting network has a 48 hours out-clause policy. Refund is only eligible for all the remaining (non-used) funds in the advertiser’s account to the original payment method or payment method specified. Refund by wire transfer can only be issued if the advertisers have provided full wire transfer details. For Customers that request a refund, there will be an additional Administrative Fee charged depending on the conditions of the refund itself. The conditions that we will charge the Customer the Administrative Fee are as follows:
To use the service, you must submit a complete XTargeting registration form, which is available at Registration Form. As part of the registration process for the service, you agree to:
If XTargeting discovers that any of your Registration Data is inaccurate, incomplete or not current, XTargeting may terminate your right to access and receive the service immediately with or without notice. XTargeting will evaluate the Registration Data in good faith and will notify you in a timely manner regarding acceptance or rejection. XTargeting may reject a registration application if it determines, in its sole discretion that the user is not an appropriate subscriber or user of the service. Upon acceptance of this agreement and completion of the registration process you will have opened an account with XTargeting and will become a subscriber to the XTargeting service.
XTargeting shall have absolute discretion as to whether or not it accepts a particular customer or site for participation in the XTargeting network.
In addition to the terms above, for CPV full page pop-under and CPM banner ads:
To ensure compliance with these terms and conditions, any client that changes their content after approval for membership MUST notify XTargeting of the changes in writing IMMEDIATELY. If your site is changed during the campaign such that it includes inappropriate content, XTargeting may stop your campaign immediately. In this case, you will not be entitled to a refund.
Data Reporting (Stats): All campaigns purchased on the XTargeting network are served, tracked and reported by XTargeting For campaigns that involve third party serving/tracking, accounting may be beyond the control of XTargeting Campaigns that use third party serving/tracking for auditing purposes may be subject to alternate or additional controls. XTargeting is the sole owner of all websites, campaigns, and aggregate web user data collected by XTargeting Customers only have access to website and web user data that is collected as part of the customer’s campaign. Payment Liability: XTargeting reserves the right to hold the customer and any agency, broker or other authorized representative of customer jointly and severally liable for all amounts owed to XTargeting
XTargeting will not be held legally or financially responsible for any content submitted by an Advertiser while using our marketing services. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to use for advertising and for ensuring that such content complies with all relevant legislation, such as the local laws that they are promoting the products in (such as the age of majority, promoting illegal products, etc) regardless of the location you are setting up your advertising account/campaign in.
Representations and Warranties: Customer hereby indemnifies and holds harmless XTargeting and the publishers (including their successors, directors, officers, employees, agents, assigns) from and against all claims, loss, liability, damage and expense of any nature (including attorneys’ reasonable fees) in connection with the advertisement URL and its linked websites, for any actual or alleged breach of any term of this agreement. Damages: In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of data, loss of use, or loss of profits arising there under or from the provision of services. Limitation of Liability: Neither XTargeting nor the participating sites will be subject to any liability whatsoever for:
The program reserves the right to change any of these terms and conditions at any time without notice. You are responsible for complying with any changes to the Terms and Conditions within 10 days of the date of change.
No person under the age of 18 is allowed to participate in our program unless written permission from a parent or legal guardian, notarized, signed and dated, is faxed to 1-503-213-6300
Customer agrees to settle any/all dispute(s) under this agreement via binding arbitration in Toronto, Ontario Canada