ALL HOSTS MUST COMPLY COMPLETELY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. XTargeting RESERVES THE RIGHT TO WITHHOLD PAYMENT FROM ANY HOST THAT VIOLATES ANY OF OUR TERMS AND CONDITIONS.
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 ‘Affiliate’ 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.com Inc.
Standard XTargeting payment rate is up to 60% of the bid price paid by the advertisers. Actual payout rates may vary with Web site performance and market conditions. Affiliate will be paid via PayPal or check in US dollars ($US) or Canadian Dollars ($CAD), fifteen working days (15) after the end-of-15-days-period. Affiliates will be paid at the account level. No payments will be issued for any amounts less than $50US. Any publisher payment that is unclaimed 6 months after the issue date will not be compensated.
All unpaid earnings will roll over to the next pay period. All payments are based on actual as defined, accounted and audited by XTargeting. XTargeting reserves the absolute right not to issue payment to any accounts or affiliates that violate any of the terms and conditions set forth herein.
XTargeting shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the XTargeting Network 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.
XTargeting ad codes must not be modified from original format without consent from XTargeting. Affiliate agrees to use the ad code provided for displaying Creative not more than ONCE per page view. Ad codes may only appear on (root) URLs that XTargeting has reviewed and accepted for participation. Ad codes cannot be placed in email messages.
XTargeting is the sole owner of all Web site, campaign, and aggregate web user data collected by XTargeting. Affiliate only has access to campaign data that is collected through the use of their inventory.
Affiliates agree to not artificially inflate traffic counts using any programs (including scripts), device, or other means. XTargeting will be auditing every Affiliate’s traffic on a daily basis. Affiliates that produce commit fraudulent activities, including but not limited to false impressions, will have their account permanently removed from our Network and will not be compensated for fraudulent traffic. Additionally, XTargeting reserves the right to register fraudulent affiliates in a global ad network fraud database, for usage by other ad networks. Excessive page reloading or any other abuse of our system could result in legal action.
To insure timely payment, affiliates are responsible for maintaining the correct contact and payment information such as your name, address , etc associated with their accounts. This must be done online using the Affiliate’s account. Any and all bank/service fees associated with returned or cancelled payments due to any error in the Affiliate contact or payment information are Affiliate’s responsibility, and will be deducted from re-payment.
In order to protect our clients from any forms of fraudulent actions, we may, at our discretion, terminate any accounts that we believe violates one of our rules or that has very low conversion ratios. We reserve the right to request server logs from affiliates for investigation. In the case of non-agreement between XTargeting and affiliates, the decision of XTargeting stands as the final decision. Any accounts that have been cancelled due to fraudulent activities or due to the low conversion ratios will not receive payment. In cases where fraud has occurred and payment has already been made, we may, in addition to closing the account, take legal action against the Affiliate.
Affiliates in violation of XTargeting’s Terms and Conditions will be immediately deactivated. XTargeting may deactivate affiliates with no prior notification, though every effort will be made to notify the deactivated Affiliate via the e-mail address provided by the Affiliate.
Publisher’s accumulated earning in six consecutive months does not meet our minimum payment amount. The publisher account will be deactivated. Earnings will be issued at the next payment period with a deduction of $5.00 processing fee.
Upon termination of an Affiliate from the XTargeting program, for any reasons and by either party, the Affiliate shall immediately remove all HTML insertion codes from all pages where the Affiliate had inserted such codes.
Representations and Warranties:
The program represents and warrants that it has full power and authority to enter into this Agreement. The program is not responsible for any content provided by third parties (including Advertisers). The program and its licensors make no other warranty of any kinds, whether expressed, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular usage, and non-infringement. Affiliate is solely responsible for any legal liabilities arising out of or relating to (i) the content and other material set forth on the Affiliate Websites and/or (ii) any content or material to which users can link through the Affiliate Websites (other than through an advertisement supplied by XTargeting). Affiliate hereby agrees to indemnify, defend and hold harmless XTargeting and its officers, directors, agents, affiliates and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims.
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.
Neither XTargeting nor its Customers will be subject to any liability whatsoever for
Affiliate shall not release any information regarding Campaigns, Creative, or affiliates relationship with XTargeting or its customers, including, without limitation, in press releases or promotional or merchandising materials, without the prior written consent of XTargeting. XTargeting shall have the right to reference and refer to its work for, and relationship with, affiliate for marketing and promotional purposes. No press releases or general public announcements shall be made without the mutual agreement of XTargeting and affiliate.
XTargeting shall have the sole responsibility for calculation of affiliate earnings, including Impressions and geographic statistics.
Privacy and Opt-out: Affiliate shall support XTargeting’s commitment to protect the privacy of the online community; such commitment is set forth in XTargeting’s Privacy Statement, which is hereby incorporated into this Agreement.
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
Any pay to click, read and related sites.
Affiliates agree to settle any/all dispute(s) under this agreement via binding arbitration in Toronto, Ontario, Canada.