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Terms & Conditions of BClick Membership Sites which are accepted into the BClick Network are entering into a
business partnership for mutual gain. All host sites must agree to the terms
herein. If at any time a host site does not wish to continue compliance with this
agreement, they must send an E-mail to the email address listed in the
online host account area (accessed by logging in using host
ID and password)
and remove all HTML code referencing BClick or its affiliates.
This agreement is made between
SiteUp, Inc., d/b/a BClick.com, a
New York corporation (BClick) and the individual with an account at
bclick.com for the purpose of serving advertisements and receiving monetary
payouts for such (Host).
Terms of Payment:
- Payment is awarded for unique visitors. A unique visitor is
defined as a visitor which has not been sent to the paying advertiser in question within 24
hours.
- The minimum payout amount is $20.00. Payment are made to
Host on the tenth date of each month for the previous month's earnings,
provided those earnings are in excess of $20.00 US. If the amount in
Host account is less than $20.00, that amount is carried over to the
next month.
- No checks will be issued to Host for less than
the minimum payout amount, as set forth above. If Host cancels
their account themselves or has their account cancelled by BClick, and
their account has a balance of less than the minimum payout amount, Host
will be assessed a service charge to their account for the lesser of the
minimum payout amount or the account balance to reflect BClick's costs for
setting up and maintaining the account.
- Host is only paid for traffic which has been sold by BClick. If BClick is not able to sell all of host's traffic, BClick
MAY at their own option place banners soliciting advertisers or public
service banners on the host's site. Host agrees that clicks on these
banners will not generate a payment from BClick to Host.
- Payment to host is directly connected to BClick's
successful collection of money from advertisers. Payment default by
an advertiser may lead to our withholding of host payment for their share
of the amount in default.
- Estimated payout rates are provided online at
bclick.com. Host agrees that final payout rates for traffic can
not be determined until the point at which host would normally be due a
payout check. At that point, current rules will be used to
determine actual payout rate and amount.
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Host agrees to deposit payout checks before
the next month's checks are sent. (the 10th of the following month)
For instance, checks sent on April 10th must be deposited by May 10th.
Failure to deposit the check in this time period may lead to the return of
the check unpaid. In this instance, hosts must contact
BClick for
approval to receive payment late. This approval is not automatic.
An administrative fee may be charged to process a late host payment.
- Host is automatically approved for up to $1,000 in
monthly payments. If Host will exceed that limit Host will
contact BClick for prior approval.
Banner Placement Rules:
- Banners must be placed only on approved URL's. Banners must not
be placed on pages that have no content nor on pages containing only banners.
- Multiple banners may be run on Host site. Hosts can generate
HTML code for their accounts by logging into the URL provided in the approval E-mail.
- HTML Code may not be modified in any way, except for purposes of
placement. (i.e. - setting targets for frames, etc.)
- The only acceptable text to place under a banner
is, "Please Support our Sponsor." This text may be removed only
with prior approval.
- Banners may only be placed on web pages with English only content.
- Banners may not be placed on 'free' web server services. (i.e.
- no Geocities or Tripod sites)
- All banners must be served dynamically off of the BClick server.
Host may not serve banners locally.
Fraudulent Activities:
- Host is not permitted to click on their own banners, except two
times (total for entire account) for testing purposes.
- Host may not automatically re-direct or auto spawn a browser.
- Host may not force visitors to click on a banner to enter into or
navigate a web site.
- Host may not advertise the BClick URL's in any form of E-mail or
newsgroup posting.
- Host may not make statements on their web pages about clicking on a
banner to donate to a fund or support a site.
- Host may not transfer their accounts to any third party without the
prior written consent of BClick. Additionally, hosts may not disclose their account
password to any third party.
- Host agrees that if they attempt to inflate their
click count by any artificial means, they are committing criminal and
civil fraud against BClick and authorize BClick to immediately terminate
their account, report host to proper authorities, invoice host for the
amount of fraud including addition to attorney's fees and damages, and
pursue collection of said fees both within and outside of the courts of
the State of New York.
Terms of Membership:
- BClick may terminate Host membership to the network at any
time, without limitation, in the sole judgment of the BClick staff.
BClick may withhold payment to Host in the event of account cancellation
by either party.
- Host agrees that information generated by the BClick servers and
software is proprietary and BClick is not required to share or disclose
this information to Host in support of a fraudulent account termination.
- Host agrees that payout rates are subject to change with 14 days
notice.
- This contract shall renew automatically until terminated by either
party by E-mail. Host will send notice to
by postal mail to address on bclick.com 'contact' page or by email listed
within host online account area to
terminate this agreement. Notice of
cancellation by BClick will be sent to the E-mail address provided during sign-up.
Host agrees that the sending of this E-mail by BClick is sufficient notice
of account termination.
- Host agrees to indemnify and hold BClick harmless from and against
any and all claims, demands, liabilities, expenses, losses, damages or attorney fees
arising from any and all claims and lawsuits for libel, slander, copyright, and trademark
violation as well as all other claims resulting from Host's or advertiser's web pages.
- Hosts agree to resolve any disputes with any part of this agreement
under binding arbitration in Hauppauge, New York, US.
Should any part or phrase of this agreement be found to be in violation of any
law, host agrees that a court of proper jurisdiction will implement a
substitute phrase which serves the same or similar intent as the original. Host will still
be responsible for compliance with the revised phrase as well as all other clauses, as written, contained
herein.
In cases where another document or web page
contradicts this Terms Of Service, this Terms of Service shall take
precedence.
This agreement constitutes the full and complete
understanding between BClick and Host and supercedes any previous agreements between BClick and
Host. BClick may modify this agreement at any time. Host is responsible for
complying with all terms of this agreement within 10 days, or face denial of account
earnings.
HOST AGREES TO COMPLY WITH ALL RULES CONTAINED WITHIN THIS
DOCUMENT. HOST AGREES TO FORFEIT ANY EARNINGS THEIR ACCOUNTS HAVE ACCRUED
SHOULD THEY BE FOUND BY BCLICK TO BE IN VIOLATION OF ANY OF THESE TERMS.
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