TERMS - USER AGREEMENT

GUARANTEE: Unless otherwise specified, most campaigns should be completed with-in 30-60 days from the start of the campaign. On occasion, the traffic market becomes "stressed" or becomes over-sold. During these rare occasions, we may not be able to guarantee how long it will take to deliver all your traffic however, FULL delivery is still, and always will be guaranteed. If/when applicable, we will notify you of any possible problems that might result in an extended delivery rate. You are entitled to cancel your order without penalty and receive a pro-rated refund for the amount of traffic undelivered AFTER 60 days from the start of your campaign. This offer is void if the delay in delivery was the result of any action initiated by you and beyond our control, i.e. you paused your campaign at anytime during the course of your campaign.

PLEASE NOTE: special terms for orders outside of the United States, See Section (9)

REFUNDS: In the unlikely event that we cannot deliver the entire number of Traffic/Clicks purchased, we will provide a pro-rated refund for the amount of undelivered traffic without question and without penalty. In some cases where refunds are claimed, we reserve the right to require proof that the proper number of visitors were not delivered. Stats, data and other information from third party counters (e.g. Extreme-DM.com, hitbox) are not sufficient to establish a claim. These counting systems tend to yield an improper count. If we dispute your claim, you must provide us with RAW server logs from the site and time period in question - this is the only reliable method of counting traffic.

UNACCEPTABLE CONTENT: We cannot deliver traffic to URLs that preform any of the following actions: (1) attempt to automatically install software or ACTIVEX controls (2) generate JavaScript errors (3) spawn signed Java applets (4) automatically display javascript confirm dialogs (5) automatically display javascript alert dialogs (6) automatically move, resize or change the focus of the main browser window (7) automatically submit email based forms (8) attempt to change any user settings, including but not limited to attempting to change the user's homepage or attempting to add to the user's favorites (9) cause virus scanners to generate a warning or (10) load URLS in a way that is not visible to users. Very important: If your campaign is found to be violation this policy, it will be suspended and you will not be entitled to any refund.

For security reasons, your IP address will be logged during the payment process.
Credit Card/Payment Fraud is a felony and is punishable by law.

 

GENERAL RESTRICTIONS, POPUPS, CONTENT, TRAFFIC SPLITTING, CHANGE URL, PAUSE CAMPAIGN, HOURLY/DAILY CAP SETTING, ETC.

 

(1) POPUPS/POPUNDERS:

(1a) All Traffic and Contextual Advertising Campaigns That State "No Popups or Sound Authorized"

If your traffic type specifies it allows popups or sound, the page you are advertising may contain either the amount of popups/popunders or sound as noted. If the traffic type you are interested in does NOT state these items are allowed, the page you are advertising must not contain any additional, automatically generated windows (popups/popunders) or sounds - NO Exceptions! If your website is found to be in violation of these terms any time during your active campaign, we are entitled to cancel your campaign without notice and WITHOUT refund. ANY additional window AUTOMATICALLY generated by your site (without user intervention) shall be considered a popup window, including popunder windows and javascript alert windows.

Note: Since embedded sounds often cause a message to appear, a URL with embedded sounds IS considered the same as a popup, therefore NO embeded sounds must exist on your site for these types of targeted traffic.

(1b) Traffic Types That Do Allow Popups or Sound

Unless otherwise stated, we cannot deliver visitors to sites with MORE THAN ONE popup window. Any additional window generated by your site shall be considered a popup window, including popunder windows and javascript alert windows. Since embedded sounds often cause a message to appear, a URL with embedded sounds may not include a popup window. Any popup window spawned by your site (1) must not spawn additional popup windows (2) must not include embedded sounds (3) must appear entirely onscreen (4) must not open a URL for a service that pays for popups or traffic (for example: Focalex, Fastclick, Internet Fuel, Popup Traffic) AND (5) the standard close button must not be disabled or hidden. The same popup set to activate both during opening of the page and after closing of the page will be considered as TWO popups - Having the same popup reloading more than once during a single page viewing session will be considered as TWO or more popups. Having a sound file loaded, along with a popup is the same as having two popups. *If in doubt, please ask us BEFORE you order.

 

(2) CONTENT:

The Traffic Masters will not deliver traffic to sites containing content that is not appropriate for viewing by a general audience. The following are examples (including but not limited to) 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 (i.e., 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 (i.e., 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

- Sites with any type of content reasonable public consensus deems to be improper or inappropriate

To insure compliance with these terms and conditions, any customers that change their content after approval for membership MUST notify us of the changes 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.

 

(3) TRAFFIC SPLITTING / CHANGING YOUR URL / PAUSING YOUR CAMPAIGN:

(3a) Splitting Traffic

IF YOUR TRAFFIC TYPE OFFERS THIS OPTION, traffic may be split to an unlimited amount of websites, as long as the websites you are splitting traffic to are NOT in violation of the same terms/restrictions that applied to your original order. To do so will put you at risk for termination of your campaign WITHOUT refund. You MUST get approval from us, (The Traffic Masters) BEFORE splitting traffic to another website.

Note: The split action can ONLY be performed from your ORIGINAL campaign. In other words, new campaigns created from a "split" will NOT have the split option available.

Split option will cease once your campaign's visitors balance reaches 1500 or less.

You will NOT have the option to reverse a split action once it is performed, please be sure in your decision when thinking of splitting traffic to other websites.

(3b) Changing URL

IF YOUR TRAFFIC TYPE OFFERS THIS OPTION, Your website url may be changed to another as long as the new/different url is NOT in violation of the same terms/restrictions that applied to your original order and is approved by The Traffic Masters Staff before doing so. To do so will put you at risk for termination of your campaign WITHOUT refund. You MUST get approval from us, (The Traffic Masters) BEFORE a url change is performed.

IMPORTANT! customers wishing to SPLIT TRAFFIC or CHANGE URL - In order to avoid any possible problems/delays with your campaign, You MUST get prior approval BEFORE using your split / change url options located with-in your campaign members area.

(3c) Pausing Your Campaign

*The MAXIMUM consecutive days a campaign can remain in uninterrupted "PAUSE" is 30. The Traffic Masters reserves the right to disable, discontinue and delete (without refund) any campaign that remains in an uninterrupted pause mode for MORE THAN 30 Days.

 

(4) LIMITATIONS and LIABILITY:

The Traffic Masters cannot be held responsible for factors beyond our control that may interfere with our ability to deliver visitors to your URL. Such factors include, but are not limited to: downtime on your server, overuse of your bandwidth quota (if applicable), errors on your site and network outages beyond our servers. Please contact your web hosting company or network provider if you are unsure about whether your hosting account is sufficient for the program you are ordering.

All traffic/visitors/clicks/impressions will be delivered to the website address submitted with the order. In the event that there is an error with the submitted URL, the Client will not hold TheTrafficMasters.Com responsible for the error. Any traffic delivered to a Client's site reflecting the above error, will not be credited or entitled to a refund.

In the event that the Client's site becomes unavailable for any reason ("server is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated with the internet and its underlying infrastructure"), the Client will not hold TheTrafficMasters.Com responsible for these errors. All/Any traffic delivered to the Client's site during this down time will not be credited or refunded.

In the event that any of the above errors occur including any errors not listed but clearly intended, the client may submit in writing a request for the campaign to be placed on hold. Upon resolution of the problem the held campaign will continue. ANY TRAFFIC PREVIOUSLY SENT WILL NOT BE CREDITED OR REFUNDED!

The client understands that if the visitor viewing the the ad closes it before it finishes loading (due to network bandwidth, high impact graphics, animation or lack of interest on the visitors part etc.), THAT IT WILL COUNT AS AN AD VIEW ON OUR SYSTEM, WE HAVE SENT YOUR SITE TO THE VISITOR AND HAVE THEREFORE FULFILLED OUR OBLIGATION. It is important to note that this scenario may not appear in your website statistics. TheTrafficMasters.Com cannot control the acts of the individuals viewing your site and will not be held responsible for these actions. Client understands that HIT COUNTERS on your site DO NOT ACCURATELY REPRESENT THE NUMBER OF VISITORS SENT TO YOUR SITE. This is due to the large amounts of traffic sent to the site in a relatively short timeframe. Client also understands that TheTrafficMasters.Com does not guarantee sales or signups and will not issue a refund if none are achieved. Client acknowledges that the order is for the stated term. These terms and conditions are subject to change at any time after the stated term has ended. In the event that there is a discrepancy between the amount of traffic delivered by TheTrafficMasters.Com, and the amount of traffic delivered to the Client, TheTrafficMasters.Com and the client both agree to use the report prepared by our ("TheTrafficMasters.Com") campaign manager to be the official report. The client understands and acknowledges that the campaign report received by TheTrafficMasters.Com to be true and accurate and agrees to hold TheTrafficMasters.Com harmless for any unexpected results arising from any advertising campaign.

The client aggrees and will accept an error rate of 5-15% (maximum of 15%) in "un-recorded traffic" is possible (as explained above). In the event of a count discrepancy claim in which a refund is requested, TheTrafficMasters.Com will process a pro-rated refund for the amount of traffic that was NOT delivered and will NOT be held accountable and/or liable for up to 15% of un-recorded traffic as per your records.

IMPORTANT! If your site is changed anytime, by any means available DURING your campaign such that it becomes in violation of our terms and/or agreement without prior approval from us, we may stop your campaign immediately, with or without notice. In this case, a refund may or may NOT be awarded.

(4a) Pro-rata Refunds:

Pro-rata refunds are calculated by dividing the number of visits we delivered by the number of visits you ordered. The result of this calculation is subtracted from 1 and the resulting figure is multiplied by your purchase price to derive the pro-rata refund. Depending on the circumstances of the refund, we may withhold a campaign setup/user fee of 5-25% from the determined refund (amount is dependent on size of campaign), though this fee is typically not withheld and would only be considered in the event our traffic stats conflict with yours and cannot be proven on either side. If any provision of this Agreement is deemed invalid or unenforceable by any jurisdiction or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect. are calculated by dividing the number of visits we delivered by the number of visits you ordered. The result of this calculation is subtracted from 1 and the resulting figure is multiplied by your purchase price to derive the pro-rata refund.

(4b) Voluntary Early Termination:

Early termination occurs when you choose to (a) terminate a campaign before the campaign's end date (b) terminate a campaign that has been paused or (c) terminate a campaign that has been split. If you terminate a campaign early, you will receive a pro-rated refund less a 5-25% early termination fee (Amount is dependent on size/type of campaign and will only be applied If no errors are found on our end).

 

(5) TRAFFIC SOURCES AND TYPE: (Excluding Contextual Advertising)

The source of traffic may change at any time, though we are required to notify you in advance if your campaign changes in a way that is NOT as advertised in your specific campaign arrangement. For example, your campaign may be delivered using full screen redirects, click through traffic, "404 pages", popups/popunders, expired domain names or other traffic sources or some combination of traffic sources. You are guaranteed that your URL is loaded in a way that is visible to the visitors.

REDIRECTED traffic will be delivered by means of URL redirection via expired/abandoned domains unless otherwise specified.

POPUNDER traffic will be delivered by means of full page popunders unless otherwise specified.

 

(6) TERMINOLOGY:

In the present context, a visit generally occurs when a text file is loaded from your server (this includes HTML files). A hit occurs when a file is loaded from your web server. Since loading a single web page can cause several files to load (e.g. images), several hits usually occur when a page is loaded. Thus, the number of hits is always greater than (or equal to) the number of visits. The term number of visitors is interchangeable with the term number of visits. Several visits may originate from a single IP address or individual. This generally occurs when an individual returns to or reloads a webpage.

 

(8) SEARCH ENGINE SUBMISSION SERVICE (FREE OR PAID):

The Traffic Masters guarantees to SUBMIT your site to the number of websites as advertised on site. You are guaranteed a complete and full report of your submission, to include each website of which your url was submitted to. This is a Submission Service and NOT a placement service. We offer a guarantee to submit your website as described on site, we CANNOT guarantee the number of websites/search engines that your url will be accepted and listed with, nor can we guarantee your ranking with-in the search engines that listed you as a result of our submission service.

IMPORTANT: "Adult" Search Engine Submissions:
(No Longer Accepted) User understands that your submission's success ratio will naturally fall below the average of the "standard, general audiance" website submission. The amount of sites/engines that accept or will approve of "adult website" submissions is considerably less and is NOT determined by us, The Traffic Masters.

 

(9) PAYMENT TERMS FOR USERS WHO PAY VIA
NON-US PAYPAL ACCOUNTS AND/OR UNCONFIRMED/UNVERIFIED PAYPAL ACCOUNTS:

If your making a payment via Paypal with a Non-US, Unconfirmed Address and/or an Unverified Account, There Will Be a Mandatory 3 Day Hold On The Processing Of Your Order. Your order may be canceled and payment refunded if we deem necessary or suspect your payment as "insecure" This is an extra security measure we are forced to take because your current account status with paypal restricts us from being eligable for compensation under Paypal's seller protection policy. Past history has taught us that most payment discrepancies are discovered in the first 24-72 hours of receipt ~ Thank you.

 

This Agreement is governed by the laws of the Commonwealth of California. This Agreement is the entire agreement between you and The Traffic Masters and supersedes any other understandings or agreements, including, but not limited to, advertising with respect to the package. Any action relating to this Agreement must be brought in the federal or state courts, and you irrevocably consent to the jurisdiction of such courts.

If any provision of this Agreement is deemed invalid or unenforceable by any jurisdiction or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect.

 

The Traffic Masters reserves the right to refuse service and/or place limitations on the amount of advertising a user may purchase at any given time we feel it necessary to maintain the security and well-being of all concerned.

 

Your Traffic Is Guaranteed!

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