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ADVERTISER
In accordance with the terms and conditions as set forth in this Agreement, List Builder Pro and WorldWideLists.com (further referened as COMPANY) makes available its pay-per-subscriber community to the open market. The purpose of the community is to assist marketers in attracting opt-in subscribers who desire to receive email newsletter/ezine content or email offers. By becoming an advertiser (further referenced as ADVERTISER) of the community, ADVERTISER agrees to pay for each opt-in subscriber generated by any advertisement placed by the ADVERTISER on COMPANY web site or any of its affiliate sites.
ACCEPTABLE USE POLICY
Each ADVERTISER is allowed to bid for placement of their advertisement within the COMPANY web site or any of its affiliate sites. Each advertisement may include such information as the title and description of an ADVERTISER offer. In all cases, advertisement content as well as format is subject to final approval by COMPANY at its sole discretion. As an ADVERTISER, you acknowledge and agree that each and every advertisement placed within the community may be viewed on the COMPANY web site, as well as any of its affiliate sites. The COMPANY reserves the right to reject or remove any advertisement at its discretion.
ZERO TOLERANCE SPAM POLICY
If the ADVERTISER sends any email to the subscribers generated from the COMPANY, or any of its affiliate sites, other than the offer which they subscribed to, then this constitutes spamming, and the ADVERTISER account will be shut down. The ADVERTISER will not be issued a refund, and will not be given access to any further subscribers in the ADVERTISER account.
ADVERTISER RESPONSIBILITY
The ADVERTISER represents and warrants that the information submitted in the advertisement itself does not mislead the public in any way and will not offend visitors due to defamatory, slanderous, libelous or threatening content. ADVERTISER also states that their list does not violate any federal, state or local law and does not infringe in any way on copyright, patent, trademark or other intellectual property rights of any third party. It is the responsibility of the ADVERTISER to determine whether all advertisements comply with the terms of this Agreement and any information posted on the COMPANY web site. The ADVERTISER hereby acknowledges that the COMPANY is not responsible for the maintenance of their offer, nor are they responsible for any issue relating to cancellations or customer service concerning the ADVERTISER offer. The ADVERTISER agrees to continually update their advertisement so that all information is current and is an accurate description of information available in its offer. The ADVERTISER further agrees that the COMPANY cannot guarantee that subscriber data (including any combination of email addresses, names, IP addresses, and date stamps) can be delivered successfully to the autoresponder or web form of the ADVERTISER. It is the responsibility of the ADVERTISER to ensure that their autoresponder or web form can readily accept the data sent from the COMPANY.
INDEMNIFICATION
The ADVERTISER hereby indemnifies and holds harmless the COMPANY, and any entity or individual associated with this Agreement, from any and all liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, that may arise from its use of the community or breach of the terms of this Agreement. The ADVERTISER will be solely responsible for defending any claim, payment of damages or losses resulting from the foregoing to both a third party and the COMPANY.
PAYMENT
The ADVERTISER agrees to pay the COMPANY all applicable charges to its account in United States currency, in accordance with the terms of the payment plan selected, including, if any, all applicable taxes, in accordance with billing terms in effect at the time the fee becomes payable. The ADVERTISER understands and agrees that it will be charged for all unique subscriptions on any advertisements placed by the ADVERTISER, and that such charges shall be based on the number of subscriptions on all advertisements multiplied by the cost-per-subscriber on each respective advertisement. If the ADVERTISER elects for a payment plan that specifies a maximum expenditure, either monthly or otherwise, the ADVERTISER agrees that all advertisements may be removed from the community when a maximum obligation is met. The amount due is calculated by multiplying the number of subscriptions for each advertisement by the cost-per-subscriber of that advertisement. Unless otherwise stipulated upon enrollment, the COMPANY accepts payment by PayPal and all major credit cards. The ADVERTISER agrees and represents that all information provided for the purpose of enrollment will be accurate, complete and current. The ADVERTISER acknowledges its access to an account with the COMPANY is subject to any limits established by the COMPANY, its contractors, or by a credit card issuer. If at any point, payment cannot be charged in accordance with this Agreement for any reason, or if there is a charge-back, the COMPANY reserves the right to either suspend or terminate the ADVERTISER account. This may include but not be limited to removal of all advertisements.
CANCELLATION
The ADVERTISER may cancel participation in the community with written notice by completing the online cancellation form. Notice of cancellation by email is not acceptable. If the ADVERTISER decides to terminate their own account, the ADVERTISER account will be deemed terminated once all collected funds have been exhausted and the ADVERTISER account reaches a $0.00 balance. To ensure that the ADVERTISER recurring billing is not processed as scheduled on its regular monthly billing date, notice of cancellation must be received no later than five (5) business days prior to the regular monthly billing date. Further, if the ADVERTISER has set up PayPal subscription plans, then the ADVERTISER must cancel any applicable subscription plans in their password-protected PayPal account. The ADVERTISER recurring billing will be terminated effective immediately and no further charges will be requested. The COMPANY reserves the right to discontinue any advertisements that may violate any of the terms in this Agreement. Notwithstanding anything contained in this Agreement to the contrary, the COMPANY may, in its sole discretion, terminate an ADVERTISER account, and discontinue ADVERTISER participation in the community, or ADVERTISER use of any specific advertisement at any time. If the COMPANY terminates an ADVERTISER account, the ADVERTISER account will be deemed terminated effective immediately.
REFUNDS
If the COMPANY terminates an ADVERTISER account, the ADVERTISER will receive a refund for amounts not yet charged to its account. If the ADVERTISER decides to terminate their own account, the ADVERTISER account will be deemed terminated once the ADVERTISER account reaches a $0.00 balance. The ADVERTISER recurring billing will be terminated effective immediately and no further charges will be requested.
DISCOUNTED SUBSCRIBERS
In the event that the ADVERTISER accepts subscriber at a discounted price, the discounted price is applicable only as long as ADVERTISER original recurring purchase continues. If the ADVERTISER terminates their original recurring purchase, then any discounted subscribers will be subject to the regular cost effective immediately.
LIMITATION OF LIABILITY
The ADVERTISER expressly agrees that it is using the community at its own risk and that the COMPANY is making the community available on an "as is" basis, without warranty of any kind, express or implied. Neither the COMPANY, nor any of its officers, employees, agents, information providers, licensors, licensees, attorneys, consultants or third party contractors, make any warranty or representation whatsoever regarding the community or any aspect of its use by an ADVERTISER. The COMPANY hereby disclaims on behalf of itself and all its officers, employees, agents, information providers, licensors, licensees, attorneys, consultants or third party contractors any and all warranties, including without limitation any warranties regarding the accuracy and availability of content, products or services made available through the community, and warranties of title or merchantability. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. Any liability of the COMPANY, its officers, employees, agents, information providers, licensors, licensees, attorneys, consultants or third party contractors, including without limitation, any liability for damages caused by any failure of performance, error, omission, interruption, deletion, defect, failure of delivery of merchandise, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or unlawful use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount already paid by ADVERTISER to the COMPANY for advertisements in the prior 30 calendar day period. In no event shall the COMPANY, its officers, employees, agents, information providers, licensors, licensees, attorneys, consultants or third party contractors, be liable for any indirect, incidental, or consequential damages, arising out of this Agreement, the use or inability to use the community and/or the sites linked to or from the community or for any breach of warranty. Some jurisdictions do not allow the limitation of exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. ADVERTISER agrees that it will not hold the COMPANY responsible for the selection or retention of, or any acts, errors, omission by, any third party in connection with the community and/or sites linked to/from the community, including without limitation, those with whom the COMPANY contracts to operate various portions of the community and those to whom the COMPANY provides links to for content, advertising or any other type of data or information.
OTHER
This Agreement shall be governed by the laws of the province of British Columbia, and in the event of a dispute, the ADVERTISER agrees to submit to the jurisdiction of the provincial and federal courts located in Surrey, British Columbia. By submitting material to the COMPANY, the ADVERTISER is irrevocably granting the COMPANY the right to use all parts of the material, without limitation, as if it were in the public domain, including modifying it or using it commercially and authorizing others to do so. The COMPANY reserves the right to discontinue offering the community at any time, including, in its sole discretion, to assign or sell this Agreement. This Agreement constitutes the entire understanding between the parties with respect to the enrollment of the ADVERTISER, and supersedes all previous Agreements, proposals and communications, written or oral, between the ADVERTISER and the COMPANY. The COMPANY may change this Agreement at any time upon publishing a notice in the COMPANY member area. Any use of the community after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications.
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