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Please read the entire agreement.
The agreement ends with the text "END OF AGREEMENT"
This is a legal agreement between
you and GuaranteedAdult.com (GuaranteedAdult). This
agreement concerns your purchase of a service in which
GuaranteedAdult agrees to send visitors to a URL specified
by you ("the service" or "the package").
Plain and simple. NO POPUPS allowed
(unless campaign targeting was ordered to allow ONE
popup), no sounds, no frame-breaking code, no inappropriate
content (we determine what is appropriate). We reserve
the right to stop a campaign at any time without refund.
Campaign starting date. Due to
variances in amounts of traffic purchased at different
times, the starting date may fluctuate, and we are in
no way to be held responsible if your campaign does
not start by a specific date.
10 Day Rule: You are guaranteed that GuaranteedAdult
will send the number of visitors to the URL you specify
within 30 days of the campaign starting date, provided we are made aware of fluctuations in the rate of delivery at least once via email and at least 10 days prior to the end date of your campaign(specified in your campaign's stats area). It is your responsibility to check the status of your campaign regularly and to notify GuaranteedAdult at least once and at least 10 days prior to the specified end date, of any problems that may arise, including, but not limited to, slow moving campaigns or campaigns that have halted for any reason, so that GuaranteedAdult has the opportunity to investigate and remedy the problem. Any claims for pro-rated refunds due to lack of delivery of the full amount of visitors ordered must be accompanied with a copy of the email(s) exchanged by both yourself and GuaranteedAdult(including headers with dates) to show that you notified GuaranteedAdult of the problem at least 10 days prior to the specified end date of your campaign, and that GuaranteedAdult has indeed received and responded to your email. Any claims for pro-rated refunds not accompanied with the exchanged email notification(s) and response(s) as described above, will be issued at the sole discretion of GuaranteedAdult.com.
Changes made to your campaign...you have the option to change various aspects of your Advertising Campaign via your stats area/control panel. Making any change to the original campaign, such as changing the URL your visitors are directed to or pausing/re-starting your campaign for any length of time, officially voids any delivery guarantees previously offered by GuaranteedAdult.com. A new delivery guarantee may be initiated at the sole discretion of GuaranteedAdult.com Admin, if requested by the customer.
If you
pay be check (or online check) the campaign starting
date shall be the date specified in your order OR the
date on which your check clears, whichever occurs last.
This is the only guarantee for this service. In no event
shall GuaranteedAdult be liable for any consequential,
direct, indirect, incidental, punitive, or other damages
whatsoever (including, but not limited to, damages for
loss of profits, loss of information or other pecuniary
loss) arising out of the use or inability to use the
package, even if GuaranteedAdult has been advised of
the possibility of such damages.
If we are unable to deliver the
number of visitors promised within 30 days of the campaign
starting date, you may claim a refund. In the unlikely
event that GuaranteedAdult does not deliver the number
of visitors promised, we will provide a refund of your
entire purchase price on a pro-rata basis. In 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 a visitor.
GuaranteedAdult will not deliver
visitors to sites with popup windows, unless the specific
campaign package you order states that you are allowed
exactly one popup window on the advertised site. Any
additional window generated by your site shall be considered
a popup window, including popunder windows and javascript
alert windows. If a popup window is installed on the
URL at any time, GuaranteedAdult may stop the campaign
and you will not be entitled to a refund.
GuaranteedAdult will not deliver
visitors to sites containing content that is not appropriate
for viewing by a general audience, unless the specific
campaign ordered was targeted to special audiences (i.e.
Adults Only). Inappropriate content includes, but is
not limited to, adult content, hate text, illegal content
(in the US) and content that encourages illegal activities
or violence. What constitutes inappropriate content
shall be determined at the sole discretion of GuaranteedAdult.
GuaranteedAdult will review your site before beginning
the campaign. If your site is changed during the campaign
such that it includes inappropriate content, GuaranteedAdult
may stop your campaign immediately. In this case, you
will not be entitled to a refund. PERIOD.
GuaranteedAdult 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.
Resellers or Brokers of this
service must include this exact TOS agreement on all
order pages and provide a copy to all ordering customers.
This Agreement is the entire
agreement between you and GuaranteedAdult and supersedes
any other understandings or agreements, including, but
not limited to, advertising with respect to the package.
TERMINOLOGY: (1) 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. (2) "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.
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.
END OF AGREEMENT
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