The eClickZ.com website ('eClickZ') is a
wholely owned subsidiary of eClickZ Interactive Services, LLC.
Both are referred to collectively as "eClickZ".
eClickZ provides the user with a web directory as well as other services ("Services") which may or may not be hosted on the eClickZ.com website. By using the eClickZ website, you agree to all of the rules stated in the terms and conditions.
Search Engine
eClickZ provides the user with a directory of websites and access to websites on the world-wide-web. These websites are provided both by eClickZ advertisers and through affiliations with third party directories.
eClickZ MAKES NO WARRANTIES AS TO THE LEGALITY, NATURE OR CONTENT OF THESE WEBSITES.
Advertisers
Advertising on eClickZ is done on a "pay-per-click" bidding process. By adding their site to the eClickZ database, advertisers agree to pay eClickZ a pre-specified amount for each unique visitor sent to the advertiser's website. A unique visitor is defined as a visitor who, a determined using eClickZ's reasonable estimates, has not visited the advertisers website within a specific time period using the same advertising keyword link. eClickZ will put forth commercially reasonable technical efforts to make sure that traffic delivered to an advertisers website is unique.
eClickZ has many partner websites ("Affiliates") which display results of eClickZ searches. Advertiser links may appear and be accessible on partner websites. In such situations, and unless specifically informed otherwise, all advertiser links displayed in other mediums will include the full title, description and link provided to eClickZ.
eClickZ reserves the right to remove any advertiser or website link at any time and for any reason. In the event that eClickZ removes an advertiser, all unspent funds will be returned to the advertiser. Reasons for removal may include, but are not limited to, sites promoting illegal materials, potentially infringing materials including trademark or copyright infringements, or racial or hate motivated sites.
Affiliates
Webmasters may join eClickZ as an 'affiliate' and are paid by eClickZ for advertising the eClickZ website and/or services. Payment will be made at most once per month at the request of the affiliate, and a minimum balance of $50 is required before an affiliate will be paid. Any affiliate found to substantially alter eClickZ results or intentionally defraud eClickZ through the use of automated, human, technological or other means (such as incentivising users to visit advertisers links) to falsly generate clicks, searches or page views, will be immediately removed from the eClickZ service, will forfeit all pending funds earned and will be required to return all previously paid disbursements. eClickZ reserves the right to alter the payrate at any time on future generated traffic with a 24 hour email notice.Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. eClickZ DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
eClickZ's Potential Liability for the Services is Limited
NEITHER eClickZ NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFLIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES.
eClickZ WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF eClickZ, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Amendment of Terms
eClickZ may amend this Agreement from time to time as necessary. Except as stated below, all amended terms are automatically effective 15 days after they are initially posted. This Agreement may not be otherwise amended except in a written document signed by you and eClickZ.
This agreement was last modified on January 20, 2009.