ACCEPTANCE OF THIS AGREEMENT
Fondness Media is a company duly registered according to laws in force in Canada and in the province of Ontario. Its principal place of business is located at the following address: 128 Camelia Av., Ottawa, Ontario, K1K 2X6, Canada.
The Service provided is subject to the conditions of this advertiser Agreement, to any rules of operation and all directives and procedures diffused at all times by Fondness Media on this site and is subject to change without notice in accordance to enactments of Article 2 (collectively named the "Agreement Modifications"). By enrolling as an "Advertiser," you agree to be bound by these terms and conditions, including all payment terms (collectively, the "Agreement"). If you do not accept the integrality of this Agreement, do not register as an Advertiser and do not use this service. In this Agreement, "you" or "your" refers to the party listed on the account you create. You hereby represent that you have the authority to agree to this Agreement for that party. You represent and warrant that you are authorized to act on behalf of, and bind to this Agreement, any third party for which you generate ads. You hereby agree and acknowledge:
To use the Service, you must provide Fondness Media, on the registration form, complete and exact information on yourself and your company. You must update the information provided at the time of your registration and communicate to Fondness Network any other information requested after your registration.
If some of the information provided at registration is false, inaccurate, incomplete or out of date, Fondness Media reserves the right to cancel your subscription without any refund. Fondness Media can refuse to register you to its service without any justification, and can modify its subscription criteria at any time. For security reasons, Fondness Media will confirm your banking information by telephone and/or email. If Fondness Media can't verify this information within 48 hours, your positioning campaigns will be immediately placed offline and access to your account and/or the Service will be prohibited until the above-mentioned check is completed.
You agree to promptly update all information to keep your account and method of payment current, complete and accurate (such as a change in credit card, billing address or email), and to promptly notify Fondness Media if your account information changes.
2. AGREEMENT MODIFICATIONS
Fondness Media can modify this Agreement without liability at any time. In the event of modifications, Fondness Media will publish the modified Agreement to its website, indicating the date that the modifications were made. The modifications made to the Agreement are effective immediately after their publication to this website, and any use of this Service after the publication date is subject to the modified Agreement. Your use of this Service after the Agreement Modifications have been published confirms that you took note of this Agreement, which you commit to consult before each use of this site, that you accepted the modifications and that you agreed to respect and abide by them.
3. SERVICE MODIFICATIONS
Fondness Media reserves the right to, temporarily or permanently, modify or terminate the Service or any part thereof. Fondness Media will provide you with reasonable notice of these modifications or interruptions. Fondness Media will warn you about these modifications, by publishing notices on this site.
4. PASSWORD AND SAFETY
To access the Fondness Media service and use it, you will be required to use a user name and a password. It is your responsibility to ensure that you don’t reveal your user name or password and that you don’t allow anyone else to use the Service in your place. You agree to immediately inform Fondness Media of any unauthorized use of your account or any attempt to bypass your account’s security that you may become aware of.
7. MARKETING AND PUBLICITY
During the term of this Agreement, you grant royalty-free worldwide rights to Fondness Media and our partners to use, copy and modify (as is reasonably necessary) any names, logos, trademarks, marks of service, drawings or models, graphics or copyrights that you currently possess, notably for public use on advertisements, press releases, marketing documents, and Fondness Media websites.
You may not cite Fondness Media in your press releases without the express written consent of Fondness Media.
Each party maintains and preserves all rights on its names, logos, trademarks, marks of service, drawings or models, graphics, copyrights, and technologies.
8. RIGHTS OF OWNERSHIP
The rights conceded to Fondness Media include the right to post any brand, logo, commercial name or content that you have provided us with or that you have authorized us to use in order to provide the service, on the Sites or any other Fondness Media partner website.
9. ADVERTISER'S RESPONSIBILITIES
As an Advertiser, you are solely responsible for all keywords and ad positioning campaigns and all ad content and ad URLs, whether generated by or for you; and all web sites proximately reachable from ad URLs and your services and products.
You assume full responsibility for your conduct. You also agree to assume full responsibility for the acts of whichever person is using user credentials that were provided to you, the content of your positioning campaigns and / or any other transmission carried out via the Service. You commit to abide by all applicable laws and rules during your use of the Service, to avoid misrepresentation or inaccuracies in your stated affiliation with any person or entity, to not use the Service for illegal or immoral purposes, and to contact Fondness Media immediately if any URL addresses refer to error pages or inactive links. You understand and accept that Fondness Media is not responsible for the maintenance of your website.
You also agree that all clicks realized during the term be invoiced and withdrawn from your account. Fondness Media reserves the right to suspend the campaigns and terminate the accounts of Advertisers whose links are not functional, whose account has been inactive for 6 months and / or whose last deposit is older than 12 months.
You commit to not propagate, promote or transmit, via this service, any documents containing illegal, defamatory, abusive, threatening, hurtful, vulgar or obscene language or any documents that incite hatred or racism or, which are otherwise deemed to be unacceptable in any way. To not forward or propagate documents encouraging conduct that constitutes an infraction, criminal act and / or that violates a law or rule in effect. To not block the use of the service by an Advertiser or a web surfer, or block the use of a similar service by another entity. To not authorize any party to generate automated, fraudulent or otherwise invalid impressions or clicks. You commit yourself to not download or distribute, in any manner, files containing viruses, corrupt files or any software or programs liable to hinder the proper functioning of any third party computer, of the Fondness Media.com site or any other related sites.
You commit yourself to not download or distribute, in any manner, files containing viruses, corrupt files or any software or programs liable to hinder the proper functioning of any third party computer, of the FondnessMedia.com site or any other related sites.
If you propagate or make available communications or any other documents violating the intellectual property rights of a third party, Fondness Media will terminate your access to the service.
If you propagate or make available communications or any other documents violating the intellectual property rights of a third party, Fondness Media will terminate your access to the service. Fondness Media may, in its sole discretion, terminate your access to the service, without any prior notice, if your conduct does not conform to any clause in this Article 9.
You hereby warrant that your positioning campaigns themselves, or via the site towards which they refer, do not violate any law or rules and do not infringe in any way the copyrights, patents, trademarks, industrial secrets or intellectual property of any third party, do not contravene any obligation for which you could be held accountable to a person or an entity, do not constitute fraud or a contractual violation.
You also warrant that your positioning campaigns respect all of the obligations of Article 9 above.
Fondness Media endeavors to provide to its Advertisers the best quality of service possible but cannot guarantee that the service will meet their requirements or that it will be free of interruptions and / or errors, secure and provided within any prescribed delays.
11. LIMITATION OF LIABILITY
FONDNESS MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. FONDNESS MEDIA DISCLAIMS ALL GUARANTEES REGARDING POSITIONING OR THE LEVELS OR TIMING OF: (I) COSTS PER CLICK, (II) CLICK THROUGH RATES, (III) DELIVERY OF ANY IMPRESSIONS ON ANY FONDNESS MEDIA SITES OR PARTNER SITES OR SECTIONS OF SUCH SITES, (IV) CLICKS OR (V) CONVERSIONS FOR ANY ADS OR ADVERTISERS. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND YOUR BREACHES OF THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (B) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO FONDNESS MEDIA BY YOU FOR THE AD GIVING RISE TO THE CLAIM. EXCEPT FOR PAYMENT, NEITHER PARTY IS LIABLE FOR FAILURE OR DELAY RESULTING FROM A CONDITION BEYOND THE REASONABLE CONTROL OF THE PARTY, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, GOVERNMENT, TERRORISM, NATURAL DISASTER, LABOR CONDITIONS AND POWER FAILURES.
You commit to defend, indemnify and hold harmless Fondness Media, its parent companies, subsidiaries, affiliates, licensors and its employees from any third party claim (including without limitation reasonable legal fees) resulting from any violation of the rules on your part, from our use of any trademark, logo, company name, or content that you have provided us or authorized us to use, or from your use of the Service.
13. TERMINATION AND CONSEQUENCE
You may terminate your subscription or your access to the Service for whatever reason, at any time. The Agreement will be terminated as soon as you notify Fondness Media of your intention to terminate in writing or via email. If you do not agree with any clause contained in this Agreement or any modification thereof, your only recourse is to immediately cease using the service and inform Fondness Media of your action.
Fondness Media can immediately cancel your subscription by notifying you of its intention to do so if you have infringed on the rules of this Agreement, or without further notice within the five days following notification of an infringement, which would otherwise have been provided to you by Fondness Media
At the time of the termination of the Service, your right to use the Service will end immediately and you accept that Fondness Media destroy, without delay, the files related to your account and thereafter prohibit you from accessing these files or the Service. In accordance with this clause, Fondness Media can, in no case, be held responsible to you or to any other part for the termination of your subscription. Fondness Media can, in its sole discretion, remove any keyword or positioning campaign without any liability towards you.
All notifications must be sent to Fondness Media in writing via electronic mail to the following address:
. Fondness Media will forward all notifications to the address that you provided during your registration, or to any other addresses contained in your account.
This Agreement will be governed and interpreted in accordance with the laws in effect in Canada and in the province of Ontario and the competent courts of Ottawa will have exclusive jurisdiction over any proceedings. This Agreement, and any modifications thereof, constitutes the entire agreement between the parties with respect to the subject matter hereof. You may grant approvals, permissions and consents by email, but any modifications by you to the Agreement must be made in a writing (not including email) and executed by both parties.
Fondness Media reserves the right to sub-contract all or part of its rights and obligations contained in the present agreement. In this case, the contractor and sub-contractor will be held jointly liable for the proper execution of this Agreement. You are not authorized to assign your rights resulting from this Agreement without the express written authorization of Fondness Media
A waiver of any default is not a waiver of any subsequent default. If any clause in this Agreement is deemed to be invalid or unenforceable, in whole or in part, the remaining clauses shall remain in full effect.
Fondness Media and you and Fondness Network and its partners are not legal partners or agents, but are independent contractors.
This Agreement has been drawn up and executed in the English language at the request of the parties.
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