Terms of Use



Terms of Use. Last Updated on 24 March 2016

Advertiser Terms and Conditions

The advertising platform provided by Kindadnetwork.com, Inc., a California corporation (“Kindadnetwork.com” or “we”), allows registered advertisers (“Advertiser”, “You” and “Your”) to upload their offerings onto the Kindadnetwork.com platform (“Advertising Platform”). Clicks will be generated by Kindadnetwork.com and/or its affiliates in response to a query corresponding to the keywords chosen by the Advertiser for a keyword campaign or remnant contextual inventory depending on the campaign type selected by Advertiser. Advertisers pay per click sent by Kindadnetwork.com and/or its affiliates and will pay no more than the maximum bid set by the Advertiser within the Kindadnetwork.com platform. Offerings on Kindadnetwork.com are ranked and determined according to the highest bidders. Signing up for Kindadnetwork.com’s Advertising Platform does not guarantee that any or all of the offerings or keywords submitted will be accepted by Kindadnetwork.com or that such keywords will generate any traffic to Advertiser’s site. Kindadnetwork.com reserves the right to reject and/or remove any offerings or keywords submitted by Advertisers as well as the right to reject any advertiser for any reason. If an advertiser is not allowed on the platform prior to running any campaigns, any funds added will be voided.

INTRODUCTION

Kindadnetwork.com will provide the Advertiser with access to the Kindadnetwork.com pay-per-click contextual platform subject to the Advertiser’s compliance with the terms and conditions contained in these terms and conditions (the “Agreement”). Please read this Agreement carefully prior to signing up for an Kindadnetwork.com advertising account. This Agreement is subject to change by Kindadnetwork.com at any time. This Agreement governs Your access to and use of Kindadnetwork.com’s website and any services provided thereunder or in connection therewith as an Advertiser, and constitutes a binding legal Agreement between You and Kindadnetwork.com. Certain areas of the Kindadnetwork.com website (and Your access to or use of certain areas or portions of the website or related services) may have different terms and conditions posted or may require You to agree with and accept additional terms and conditions. If there is a conflict between this Agreement and terms and conditions posted for a specific area of the website or related services, the latter terms and conditions will take precedence with respect to Your use of or access to that area of the site or related service, as applicable. YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR “I ACCEPT” BUTTON, OR ACCESSING OR USING THE Kindadnetwork.com WEBSITE OR RELATED SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE WEBSITE. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE Kindadnetwork.com WEBSITE OR RELATED SERVICES. If You accept or agree to this Agreement on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to this Agreement and, in such event, “You” and “Your” will refer and apply to that company or other legal entity. Kindadnetwork.com reserves the right, at its sole discretion, to modify this Agreement, at any time and without prior notice. If we modify this Agreement we will post the modification on Kindadnetwork.com website or provide You with notice of the modification. By continuing to access or use the Kindadnetwork.com website or related services after we have posted a modification on the website or have provided You with notice of a modification, You are indicating that You agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to You, Your only recourse is to cease using the website and any related services pursuant to the terms of the Agreement.

USE

Kindadnetwork.com, for purposes of this Agreement, is the process provider for web users (each a “Web User”) interested in a desired subject, and Advertisers who bid for related keywords or categories. When these related keywords or categories generally produce a result that contains Advertiser’s contextual ads that match users interests, the Web User may be redirected to the Advertiser’s website. In connection with Your use of Kindadnetwork.com’s website and related services and to enable Kindadnetwork.com to serve Your advertisements via Kindadnetwork.com’s website, third-party publisher websites, email and/or applications, You grant Kindadnetwork.com an unlimited, non-exclusive, fully-transferable, worldwide, royalty-free, fully-paid right and license to use, reproduce, modify, create derivative works from, distribute, perform, transmit, and display Your advertisements in any format, layout or size. Kindadnetwork.com disclaims all liability relating to Your advertisements and related content. As between Kindadnetwork.com and You, You are solely responsible for Your advertisements, any services or products offered through Your advertisements and any websites that are linked to from Your advertisements. Third-party publishers may include but are not limited to search, domain, email, contextual, and display web content. Kindadnetwork.com does not represent or warrant the quality of traffic delivered to Advertiser nor if any contextual ad or how much of a contextual ad will be displayed across the network. Additionally, the format of Your advertisement may vary and Kindadnetwork.com makes no representations as to the format of Your advertisement. For example purposes, and without limitation to other examples that may apply, when a Web User clicks on a travel link from a participating publisher’s website that may be displaying the Advertiser’s travel related ad or a generic travel ad, the Web User may or may not be redirected to the travel keyword Advertiser’s website.

PAYMENT

Kindadnetwork.com requires payment in advance for all Advertiser accounts. Advertisers must initially fund their accounts with at least $500 in United States currency in order to activate their accounts. Only accounts with positive balances of at least as much as the Advertiser’s lowest keyword bid shall remain active in our database. All accounts that fall below this funding requirement shall be placed on hold, and all contextual ads shall be removed, until the account is funded. Advertiser agrees to pay all applicable charges to the account with respect to the payment method selected in accordance with billing terms in effect at the time the fee becomes payable. Advertiser understands and agrees that their account will be charged for all clicks/views of Advertiser’s contextual ads. Display advertisement pricing will be based on a CPM as stated in the relevant purchase order. Kindadnetwork.com is not responsible for the maintenance of Advertiser’s website. Payments to Kindadnetwork.com must be made by credit card (Visa or Mastercard), wire transfer, Paypal, or net terms (upon approval). Advertiser agrees, warrants and represents that all information provided for the purpose of enrolling as an Advertiser will be accurate, complete and current. Advertiser’s right to access an account with Kindadnetwork.com is subject to any limits established by Kindadnetwork.com, its contractors or by Advertiser’s credit/charge. If payment cannot be charged to Advertiser’s credit facility for any reason, or if there is a charge back for any reason, Kindadnetwork.com reserves the right, in its sole discretion, with or without notice, to either suspend or terminate Advertiser’s account with Kindadnetwork.com. Kindadnetwork.com’s final billing to Advertiser shall be conclusively presumed by Advertiser to be accurate and proper. Advertiser waives all rights to challenge or seek to charge-back any billings. Nothing stated herein shall limit rights granted to a cardholder by Visa, MasterCard and/or its issuing bank.

TRACKING

All payments will be made based on clicks/views and revenue generated as determined by Kindadnetwork.com’s tracking.

TERMINATION

Advertiser may suspend or cancel participation in the Kindadnetwork.com Advertising Platform by providing forty-eight (48) hours written notice to Kindadnetwork.com. Following such notice, Advertiser will be entitled to receive a refund for all amounts not yet charged to account. Kindadnetwork.com may cancel Advertiser’s participation in the Advertising Platform at any time for any or no reason. Kindadnetwork.com reserves the right, at its sole discretion, to modify, discontinue or terminate the website or any related services (including without limitation, the Advertising Platform), at any time and without prior notice. Advertisers will forfeit any deposited funds if they are terminated due to a breach in the rules of advertising on the platform outlined in the Advertiser’s Rights and Responsibilities section. All unused credits or promotional credits will expire after 6 months. Credits or promotional credits will be applied toward traffic after the initial deposit is used and are nonrefundable. It is agreed between the parties that Kindadnetwork.com shall have the right to delete keywords and/or campaigns that have not received traffic within a reasonable amount time. Kindadnetwork.com reserves the right to delete accounts that have been inactive for an extended period of time.

OWNERSHIP OF INTELLECTUAL PROPERTY

Kindadnetwork.com retains all right, title and interest in and to its trademarks, service marks, trade names, service names, logos and copyrights, as well as its content and technology worldwide (“Intellectual Property”). By entering into this Agreement, Advertiser acknowledges that such Intellectual Property is the exclusive property of Kindadnetwork.com and that all usage of such Intellectual Property and any goodwill established by the use of such Intellectual Property shall inure to the benefit of Kindadnetwork.com and that this Agreement does not confer any goodwill or other interests in such Intellectual Property to Advertiser. Advertiser shall not adopt or attempt to register any Intellectual Property that is confusingly similar to Kindadnetwork.com’s Intellectual Property. Advertiser agrees to allow Kindadnetwork.com a limited right to use Advertiser ‘s logo and name on Kindadnetwork.com website and marketing materials.

RIGHT TO REJECT

All requested URL links, search terms and descriptions are subject to Kindadnetwork.com’s approval. Kindadnetwork.com reserves the right to reject, cancel or remove any URL link, search terms and descriptions at any time for any reason whatsoever.

CONTEXTUAL ADS

Kindadnetwork.com does not guarantee that any Advertiser’s ad information will be available or displayed. Kindadnetwork.com reserves the right to not place Advertiser’s ad information in the Kindadnetwork.com Advertising Platform. The format of Advertiser’s contextual ads may vary and Kindadnetwork.com makes no representations as to the format of contextual ads. Traffic delivered to advertisers originates from a variety of sources including but not limited to in-screen, domain parking, popunders, tab overs, keyword hover, and more. In some cases a user will view your ad information and then will have to click on the ad for it to be billable. In other cases the user may not see your ad information and users are automatically routed to advertisers landing page (for example via InterYield). Our Contextual platform offers tens of thousands of unique traffic sources. Advertisers have the ability to block and whitelist sources based on each advertisers individual performance goals.

ACCOUNT ACCESS AND RESPONSIBILITIES

After Advertiser’s registration with Kindadnetwork.com, Advertiser will be granted access to an advertiser account (“Advertiser Account”), which shall only be used by Advertiser and for Advertiser’s sole and personal use. Advertisers shall be solely responsible for their account manager’s conduct regarding maintenance of Advertiser’s account and ensuring all information provided is true and correct. Advertiser may log in to the Advertiser Account at any time to update campaigns, settings, or account information. If account user information changes throughout the lifetime of an account, it is Advertiser’s responsibility to obtain login credentials and update the account contact information as needed. Any changes made to a live campaign are subject to approval by Kindadnetwork.com in its sole discretion and will only take effect after such approval by Kindadnetwork.com. Other than the mutually agreed upon account manager, Advertiser may not authorize others to use Advertiser’s Kindadnetwork.com account, and may not assign or otherwise transfer the account to any other person or entity. Advertisers shall not, under any circumstances, have the right to transfer or assign the account, any personal identification numbers or password to any other person or party who has not been preapproved and authorized for access by Kindadnetwork.com. Any such attempted transfer or assignment shall be void and shall constitute a material breach of this Agreement on Advertiser’s part. In addition, Advertisers must promptly inform Kindadnetwork.com of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of Advertiser’s account, personal identification number or password.

ADVERTISER’S RIGHTS AND RESPONSIBILITIES

Advertiser may submit material for contextual ad advertisements by logging into his/her account from our homepage. Kindadnetwork.com reserves the right to reject or remove any contextual ad advertisement at its sole discretion. Advertiser represents and warrants that: (i) You are the owner or are licensed to use the advertisements and all subject matter contained therein; (ii) Your advertisements are and will be free of any worm, virus, or other device that could impair or injure any person or entity; (iii) You are generally familiar with the laws and regulations governing the Internet and You will comply with all applicable laws and regulations including those that may apply to the display of the advertisements on third-party publisher websites and/or applications and Your advertisements will not violate any law or regulation, including, but not limited to, laws governing privacy, false or deceptive advertising, sweepstakes, comparative advertising, or trade disparagement; (iv) Your advertisements do not and will not (a) contain any misrepresentations or content that is defamatory, (b) violate any rights of privacy or publicity, (c) contain content that is violent, obscene, or offensive, including content that contains nudity or implied nudity or content that is morally or ethically offensive or sexually suggestive, or (d) promote or support gambling, unless authorized in an Kindadnetwork.com insertion order that incorporates this Agreement by reference, sweepstakes, or contests; (v) Your advertisements do not and will not infringe any intellectual property or proprietary right of any third party; (vii)Your advertisements will comply with Kindadnetwork.com’s advertising guidelines below; and (viii) You will not nor will You authorize third parties to (a) generate fraudulent, automated, or otherwise invalid information, data, or actions related to Your advertisements; (b) use robots, other automated query tools, computer-generated search requests and/or any other similar results-optimization methods unless authorized by Kindadnetwork.com; or (c) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where Your advertisements are displayed or served. Advertising and Creative Guidelines Advertiser shall abide by each of the following guidelines with respect to its Ads. If Advertiser breaches any of the guidelines below as determined by Kindadnetwork.com in its sole discretion, Kindadnetwork.com may suspend and/or terminate your account without notice to You. Contact the Legal Department if you have any questions.

Attribution

All ads must include the name of the program that brought the ad.

JS Pops

Entry JS pops on an Advertiser’s landing page are prohibited. JS pops upon exiting a landing page are allowed.

Online Pharmacies The promotion, sale, import, export, and distribution of medical products, including drugs, medical devices, and biologics, is strictly regulated by federal and state laws and regulations. If You are an Advertiser of such products, by participating in the Advertising Platform, You represent that You fully comply with all federal and state laws and regulations governing such products including, but not limited to, the U.S. Federal Food, Drug, and Cosmetic Act.

Pornography

Ads for pornography are prohibited.

Provocative Content

Ads containing nudity, obscenity, or dirty language are prohibited. Ads containing provocative content must be assigned a warning so that our member publishers may decide whether or not it is appropriate for their sites.

Software Ads for “spyware” (adware) are prohibited. We define “spyware” as software that merely displays advertising. Ads for a product that is downloaded onto the user’s machine are acceptable only if: The download begins only after the user clicks through to the advertiser’s website (i.e., no automatic downloads); The user is required to affirmatively agree to the download in order for it to begin; and Prior to agreeing to the download, the user is clearly told: (1) exactly what product(s) will be installed; and (2) exactly how the downloaded product(s) will function, including what personal information, if any, it/they will collect and/or use.

Scareware

Ads with landing page warnings, alerting, or suggesting than an end user has any kind of computer virus or threats are prohibited.

APPROVAL

Kindadnetwork.com, in its sole discretion, may not approve an Advertiser’s contextual ad. No reason is required to be given to the Advertiser why their advertisement has or has not been approved. All decisions made by Kindadnetwork.com in this matter will be final.

LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

THE ADVERTISER EXPRESSLY AGREES THAT THE USE OF Kindadnetwork.com IS AT THE ADVERTISER’S OWN RISK. Kindadnetwork.com IS AVAILABLE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER Kindadnetwork.com NOR ANY OF ITS LICENSORS, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS, MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING Kindadnetwork.com, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH Kindadnetwork.com OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. Kindadnetwork.com HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ALL INFORMATION PROVIDERS, LICENSORS AND/OR LICENSEES OF ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION: ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF Kindadnetwork.com AND/OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH Kindadnetwork.com; AND ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE ADVERTISER. THIS LIMITED WARRANTY GIVES THE ADVERTISER SPECIFIC LEGAL RIGHTS, AND THE ADVERTISER MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.

ANY LIABILITY OF Kindadnetwork.com, ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF MERCHANDISE OR INFORMATION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF Kindadnetwork.com’S 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 TO Kindadnetwork.com, ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS. Kindadnetwork.com SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE Kindadnetwork.com AND/OR THE SITES LINKED TO Kindadnetwork.com OR FOR ANY BREACH OF WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE ADVERTISER. THE ADVERTISER AGREES THAT Kindadnetwork.com WILL NOT BE HELD RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH Kindadnetwork.com AND/OR SITES LINKED TO Kindadnetwork.com, INCLUDING, WITHOUT LIMITATION, THOSE WITH WHOM Kindadnetwork.com CONTRACTS TO OPERATE VARIOUS PORTIONS OF Kindadnetwork.com AND THOSE TO WHOM Kindadnetwork.com PROVIDES LINKS TO FOR CONTENT, ADVERTISING OR ANY OTHER TYPE OF DATA OR INFORMATION.

CANCELLATION OR TERMINATION

If Advertiser is dissatisfied with Kindadnetwork.com or the terms and conditions herein, Advertiser’s sole and exclusive remedy is to terminate the account. Accounts may be cancelled at any time by sending an email to [email protected] Kindadnetwork.com may, in its sole discretion, terminate Advertiser’s account, and discontinue the advertising account, or use of any search at any time, and for any reason, with or without notice. Kindadnetwork.com can also terminate advertising accounts if Kindadnetwork.com believes Advertiser’s conduct is harmful to other consumers and Advertisers who participate in Kindadnetwork.com. All decisions made by Kindadnetwork.com in this matter will be final.

ARBITRATION FOR FEE DISPUTE

Any dispute over sums owed pursuant to this Agreement shall be resolved by arbitration before a single arbitrator. Arbitration shall be conducted in accordance with California Code of Civil Procedure section 1280 et. seq. All arbitration-related hearings shall be conducted in Los Angeles, CA. The arbitrator shall be from the Southern California area and the arbitrator will be selected by the mutual agreement of the parties and/or their respective counsel. If the parties cannot agree on a single arbitrator, then each party shall propose three (3) potential arbitrators to the Superior Court of California in Los Angeles – Northwest District (Van Nuys, Ca.) as part of a Petition to the Court that shall be filed jointly by the parties for the purpose of resolving the sole issue of arbitrator selection. The Superior Court will select the single arbitrator from the potential arbitrators proposed by the parties. Once selected, the Arbitrator shall be empowered to hear and resolve any and all issues related to the dispute. The Arbitrator shall issue rulings, decisions, orders, judgments and permanent injunctions as applicable and appropriate. In arbitration over sums owed, Attorney’s fees and costs as well of the costs of the arbitrator shall be awarded to the prevailing party.

CHOICE OF LAW

This Agreement will be governed by and construed in accordance with the laws of the State of California, notwithstanding the actual state or country of residence or incorporation of the parties. The parties consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County for all actions arising out of or related to this Agreement. The parties hereby agree to waive their right to a jury trial such that any dispute arising out of this Agreement that is not over sums owed (which is subject to arbitration) shall be heard by a judge. In a dispute litigated in court, Attorney’s fees and all costs shall be awarded to the prevailing party.