TERMS AND CONDITIONS FOR ADVERTISERS
Important Notice
These terms (which include any documents referred to) (the “Terms”) apply when you participate in the GreenAdvertizing.com program for advertisers (the “Service”). Before using our Service we ask that you read these Terms carefully. By using the Service you agree to be bound by these Terms.
In these Terms ‘customer’, ‘you’ and ‘your’ shall refer to any natural person, corporate or unincorporated body (whether or not having separate legal personality) who accepts these Terms by submitting a program registration.
For your convenience, we have listed below some general information about ourselves:
- “We”, “us” and “our” are GreenAdvertizing.com Limited, a company registered in England and Wales under company number 07074606 and having its registered office at 23, Union Central Building, 84 Kingsland Road, London E2 8DP;
- Our e-mail address is info@greenadvertizing.com;
Payment
All customers are required to pay one-hundred percent (100%) of the cost of the campaign before its activation. We reserve 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. You acknowledge and agree that any credit card and related billing and payment information that you provide to us may be shared by us with third parties who work on our behalf, such as payment processors and/or credit agencies solely for the purposes of checking credit and/or effecting payment to us and servicing your account.
You acknowledge that you are responsible for all costs and expenses incurred on your account whether by you or your employees, agents, contractors and third parties to whom you grant access to the Service.
Trial Offers, Coupons, Credits and Special Offers
We reserve the right to discontinue or modify coupons, credits and special promotional offers at our discretion.
Any promotional credit must be applied to a new advertiser account within 15 days of creating the account and is valid only for new advertisers. You will be charged for advertising that exceeds the promotional credit and will need to suspend your campaign if you 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 these Terms. The promotional credit is non-transferable and may not be sold, transferred or exchanged. Offers may be revoked at any time for any reason by us. Only one promotional credit is available per customer.
Registration
To use the Service, you must submit a complete our registration form http://advertiser.greenadvertizing.com As part of the registration process for the Service, you agree to provide certain limited information about you. This information will be used to provide the Service to you. You warrant, represent and undertake that the information you provide will be current, complete and accurate and that you will maintain this information as required to keep it current, complete and accurate. The information requested on signup shall be referred to as registration data (the “Registration Data”).
If we discover that any of your Registration Data is inaccurate, incomplete or not current, we may terminate your right to access and receive the Service immediately with or without notice. We will evaluate the Registration Data in good faith and will notify you in a timely manner regarding acceptance or rejection. We may reject a registration application if we determine, in our sole discretion that the applicant is not an appropriate subscriber or user of the Service. Upon acceptance of these Terms and completion of the registration process you will have opened an account with us and will become a subscriber to the Service.
Participation
We shall have absolute discretion as to whether or not we accept a particular customer or site for participation in our network.
- Sites with child pornography or sites that contain links to such content;
- Sites containing or linking to software piracy;
- Sites containing or linking to any form of illegal activity (e.g., how to build a bomb, hacking, ‘phreaking’, etc.);
- Sites with gratuitous displays of violence, obscene or vulgar language, and abusive content or content which endorses or threatens physical harm;
- Sites promoting any type of hate-mongering (e.g., racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.);
- Sites that participate in or transmit inappropriate newsgroup postings or unsolicited e-mail (spam);
- Sites promoting any type of illegal substance or activity sites with illegal, false or deceptive investment advice and money-making opportunities; or
- Sites with any type of content reasonable public consensus deem to be improper or inappropriate.
In addition to the terms above, for CPV full page pop-under and CPM banner ads you acknowledge that our advertisement page cannot contain any other popup windows. Any additional window generated by your site shall be considered a popup window, including popups, pop-behinds, or exit popup windows. If a popup window is installed on the URL at any time, our publishers will stop your campaign immediately and any remaining credits will be forfeited. In this case, you will not be entitled to a refund.
Your advertisement page cannot have background music or sound.
To ensure compliance with these Terms, any change to your content after approval for membership MUST be notified to us in writing IMMEDIATELY. If your site is changed during the campaign such that it includes inappropriate content, we may stop your campaign immediately. In this case, you will not be entitled to a refund.
Data Reporting (Stats)
All campaigns purchased on our network are served, tracked and reported by us. For campaigns that involve third party serving/tracking, accounting may be beyond our control. Campaigns that use third party serving/tracking for auditing purposes may be subject to alternate or additional controls. We are the sole owner of all websites, campaigns, and aggregate web user data collected by us. You are granted a limited licence to access website and web user data that is collected as part of your campaigns.
Use and disclosure of your information
For the purpose of the Data Protection Act 1998 (the “Act”), we are the data controller.
We may collect and process the following data about you:
- Information that you provide by filling in forms on our website. This includes information provided at the time of registering to use the Service. We may also ask you for information when you report a problem with our website.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of your visits to our website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with these Terms.
Where we have given you (or where you have chosen) a password which enables you to access the Service, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
We use information held about you in the following ways:
- To provide you with the Service and/or other services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our Service.
- To notify you about changes to our service.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If our business or substantially all of its assets is acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data or other information in order to comply with any legal obligation, or in order to enforce or apply these Terms and/or other agreements; or to protect the rights, property, or safety of us, our customers, or others. We shall not be liable for any use or disclosure of such information by such third parties.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info@greenadvertizing.com.
Limitation of Liability
Nothing in these Terms shall operate to exclude or limit our liability for (a) death or personal injury caused by our negligence; or (b) fraud; or (c) any other liability which cannot be excluded or limited under applicable law.
We shall not be liable to you for any damage to software, damage to or loss of data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
Except as otherwise provided, our aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with these Terms or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the total fees paid by you to us in that calendar year.
We each expressly agree that should any limitation or provision contained in these Terms be held to be invalid under any applicable statute or rule of law it shall to that extent be deemed omitted but if any party then becomes liable for loss or damage which would otherwise have been excluded such liability shall be subject to the other limitations and provisions set out in this ‘Limitation of Liability’ section.
We shall not be liable in any way for any losses caused by your failure to perform your obligations under these Terms including (without limitation) any failure by you to make adequate provisions for recovery of lost or corrupted data, files or software.
We shall not be liable in any way for any failures to provide reference or access to all or any part of the advertisement URL due to system failures or other technological failures of us or of the Internet; delays in delivery and/or non-delivery of a campaign, including, without limitation, difficulties with a publisher or website, difficulties with a third-party server, or electronic malfunction; and/or errors in content or omissions in any advertisement URLs provided by the customer.
General
Termination: We reserve the right to end our contract with you and to suspend or terminate your access to our Service immediately and without notice to you if:
- you fail to make payment to us when due;
- you breach any of our Terms;
- when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity; or
- we suspect you have engaged, or are about to engage, or have been involved in fraudulent or illegal activity on our website and/or whilst using the Service (including but not limited to click fraud) in which event you agree to immediately repay to us all sums previously paid by us to you until final resolution of the matter in dispute.
We further reserve the right to end our contract with you and to suspend or terminate your access to our Service by providing you with 30 days notice.
Indemnity: You agree to indemnify us and our publishers (including their successors, directors, officers, employees, agents and assigns) against all damages, losses and expenses arising as a result of any action or claim that relates to your advertisement URL and its linked websites and for any actual or alleged breach of these Terms.
Minimum age requirement: No person under the age of 18 is allowed to participate in our program unless written permission from a parent or legal guardian, witnessed by a notary public, signed and dated, is faxed to +44 (0)20 7729 9269.
Governing law and jurisdiction: These Terms shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts, except that we reserve the right to bring proceedings against you in your country of residence or any other relevant country.
