Publisher Agreement

These terms (which include any documents referred to) (the “Terms”) apply when you participate in the GreenAdvertizing.com program for publishers (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.

We may revise these Terms at any time by updating this page. You should check our website from time to time to review the then current version of the Terms, because it is binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of our website.

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 publishers@greenadvertizing.com;

Our standard payment rate is up to 50% of the bid price paid by the advertisers. Actual payout rates may vary with website performance and market conditions. You will be paid via PayPal in US dollars (US$), The month after your account balance reaches $50 (US$) You will be paid at the account level. No payments will be issued for any amounts less than US$50. Any payment that is unclaimed 1 (one) year after the issue date will cease to be payable by us and will be deemed to have been forfeited by you. We reserve the right to charge to your account any sums previously paid that are subsequently disputed.

We shall have sole responsibility for calculation of your earnings, including impressions and geographic statistics.

All unpaid earnings will roll over to the next pay period. All payments are based on actual as defined, accounted and audited by us. We reserve the absolute right not to issue payment to any you if you are in breach of these Terms.

To ensure timely payment, you are responsible for maintaining the correct contact and payment information such as your name, address , etc associated with your account. This must be done online by accessing your account page. Any and all bank/service fees associated with returned or cancelled payments due to any error in your contact or payment information are your responsibility, and will be deducted from any future payment.

To use the Service, you must submit a completed registration form [insert link to registration form]. 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.

All unpaid earnings will roll over to the next pay period. All payments are based on actual as defined, accounted and audited by us. We reserve the absolute right not to issue payment to any you if you are in breach of these Terms.

We shall have absolute discretion as to whether or not we accept a particular customer or site for participation in our network.

We will not direct visitors to sites containing content that is not appropriate for viewing by a general audience. The following is a non-exhaustive list of examples of the type of sites we will not direct visitors to:

• 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.

It is your sole responsibility to maintain acceptable content, as outlined in these Terms, after its acceptance to our network. Any violation of these rules will result in immediate removal from the network and the cessation of the Service. Your account will be cancelled and your payment will be null and void.

You warrant, represent and undertake that you will not (either by yourself or through any third party) artificially attempt to or inflate traffic counts including but not limited to the use of any device, program or robot.

You warrant, represent and undertake that you will not (either by yourself or through any third party) modify our ad codes from their original format without our prior written consent. You agree 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 we have reviewed and accepted for participation. Ad codes cannot be placed in email messages.

You may only hold one account with us. You can have more than one URL in your account, each of which should be submitted for review prior to placing the code on each individual site.

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 campaign data that is collected through use of your inventory.

You warrant, represent and undertake not to artificially inflate traffic counts using any programs (including scripts), device, or other means. We will audit your traffic on a daily basis. Where, in our reasonable opinion, you have committed fraudulent activities, including but not limited to false impressions, your account will be permanently removed from our network and you will not be compensated for fraudulent traffic. Additionally, we reserve 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 also result in legal action.

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 [insert email address].

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £50 to meet our costs in providing you with details of the information we hold about you.

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 an advertiser, publisher or website, difficulties with a third-party server, or electronic malfunction; and/or errors in content or omissions in any content or omissions in any advertisement.

Warranties: Each party warrants that it has full power and authority to enter into these Terms.

We warrant that the Service shall be undertaken with reasonable care and skill in accordance with professional industry standards. In the event of breach of this warranty you shall notify us and we shall reperform the Service so as to comply with the warranty, within 30 days of notification from you. The re-performance of the Service shall, if correctly undertaken, be your sole remedy in respect of breach of this warranty.

Except as expressly stated in this Terms, all other warranties and conditions, whether express or implied, by statute, common law or otherwise, are hereby expressly excluded to the extent permitted by law.

Disclaimer: We are not and you acknowledge that we are not responsible for any content provided by third parties (including advertisers). You are solely responsible for any legal liabilities arising out of or relating to (a) the content and other material set forth on your nominated websites and/or (b) any content or material to which users can link through your nominated websites (other than through an advertisement supplied by us).

Termination: We reserve the right to end our contract with you and to suspend, deactivate 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;

• 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 believe that your account violates one of our rules or that has very low conversion ratios. We reserve the right to request server logs from you for investigation. Where we do so you agree to provide such information promptly and, in any event, within 5 working days. In the case of any dispute between us as to the nature of your activities our decision shall be final. Any account that has 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 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.

Upon termination of these Terms for any reason, you agree to immediately remove all HTML insertion codes from all pages where you had inserted such codes.

Indemnity: You agree to indemnify us (including our 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 activities under these Terms, the websites nominated by you and for any actual or alleged breach of these Terms.

Press releases: You shall not release any information regarding all and any campaigns, creative, or any relationships with us or our customers, including, without limitation, in press releases or promotional or merchandising materials, without our prior written consent. We shall have the right to reference and refer to its work for, and relationship with, you for marketing and promotional purposes. No press releases or general public announcements shall be made without the mutual agreement of both parties.

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 [insert number].

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.