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textads dot biz
Advertising Service Agreement

  1. Obligations Of Each Party
     
    • A. textads dot biz
      1. Provide the transaction processing mechanism to accept payments for advertising served on the Member's web site(s) (the "Member Site(s)").
      2. Provide the ad serving technology to serve ads purchased through textads dot biz on the Member Site(s), including reporting of ad statistics.
    • B. Member
      1. Place, on the Member Site(s), links to textads dot biz's service to sell ads for the Member Site(s).
      2. Make a reasonable attempt to sell ads through the textads dot biz service.
         
  2. Ad Rates
     
    • A. All rates for ads sold by the Member through textads dot biz are set by the Member. However, each sale must be for a minimum five (5) dollars (United States currency), and Cost Per Impression (CPM) ads must charge a minimum of $0.00025 United States dollars per impression ($0.25 CPM).
       
  3. Billing & Payment
     
    • A. textads dot biz will handle all billing of clients.
    • B. textads dot biz will pay each Member eighty percent (80%) of the Gross Revenue received from all advertisers.
    • C. Payment for ads placed via special promotions ran at textads dot biz may be subject to rates differing from the standard rate
    • D. Payment will be sent within five business days after the last day of each calendar month for revenues accrued during the previous calendar month. Revenues are payable for CPC and CPM ads that have been bought the previous month as well as for Network and Timed Campaigns that were served to completion during the previous month
    • E. Revenue will be calculated based on textads dot biz's traffic reporting, and only on textads dot biz's traffic reporting.
       
  4. Code
     
    • A. textads dot biz will provide the Member with Ad Code to display advertising on the Member Site(s).
    • B. textads dot biz is not responsible for the design of the Member Site(s), or designing the Member Site(s) in such a way as to integrate the Ad Code.
       
  5. Advertising
     
    • A. Advertiser agrees that all orders are final sale, and it is at the sole discretion of textads dot biz to issue refunds. If no refund is issued, the Advertiser will receive a credit for the charged amount within the textads dot biz system which can be used to purchase advertising on any textads dot biz site.
    • B. textads dot biz agrees to refund payment in full for ads that are declined by the advertiser.
  6. Data
     
    • A. All data collected by textads dot biz through the process of selling and serving ads for the Member Site(s) will be the sole property of textads dot biz
       
  7. Term & Termination
     
    • A. The Agreement will take effect immediately and continue in perpetuity.
    • B. Either party may terminate the agreement at any time, and for any reason. The terminating party must notify the other party of the termination at least twenty-four (24) hours in advance.
    • C. textads dot biz reserves the right to temporarily suspend a Member's account at any time and for any reason.
    • D. Upon termination, textads dot biz will pay out all remaining Revenues payable, at the schedule set out in this agreement.
       
  8. Marks
     
    • A. You hereby grant textads dot biz an unrestricted license to use any names, logos, or other marks of the Member Site(s) in promoting textads dot biz's services within the duration of this agreement.
       
  9. Indemnification
     
    • A. In the event that any claim or suit is brought against textads dot biz or an advertiser due to (i) a breach of this Agreement, (ii) any other act by you, including anything related to your website, you agree to assume the defense of any such claim or suit and to indemnify textads dot biz and the advertisers against any damages, losses, expenses and reasonable costs, including attorney's fees, in such suit or claim and in the reasonable investigation of any allegations of such suit or claim. The provisions of this Section shall survive the termination or expiration of this Agreement.
       
  10. Liability
     
    • A. textads dot biz cannot be held liable for any damages, including but not limited to loss of revenue, profit, visitors, or otherwise, resulting from textads dot biz's services being unavailable or any affiliated services being unavailable.
    • B. textads dot biz is not liable for the content of the advertising supplied by advertisers, or any damages that may result from said content.
    • C. textads dot biz is not liable for the acts of those outside the company, including but not limited to breaches of security.
       
  11. Jurisdiction
     
    • A. You hereby agree that all actions arising due to this agreement shall be pursued in the courts of San Francisco, California.
    • B. Notwithstanding that you, your web site or your server may reside outside the state of California, including outside of the USA, you agree that this Agreement shall be governed by the laws of the State of California.