OffersQuest Publisher Terms of Service(last updated: December 30, 2003)
This Agreement contains the terms and conditions that apply to participation as an affiliate in the OffersQuest.com Ad Network (the "Network"). As used in this Agreement, "we" means OffersQuest.com (and its related entities), and "you" means the applicant party. "Site" means a World Wide Web site and, depending on the context, refers either to the OffersQuest.com site or to the site(s) that you submit on your application. "Affiliate" means an approved member of the Network.
Use of Network
Use of the OffersQuest Ad Network after the date stated above implies acceptance to the terms set forth in this agreement.
We reserve the right to determine, at our sole discretion, the particular suitability of any Affiliate application to our Network.
Minimum Requirements
1. Site must be fully functional, no "under construction" sites or sections.
2. Offer a top-level domain name.
3. Receive a minimum of 3,000 unique page views per month.
4. Site must be written in English and contain only English language content.
5. Site must NOT offer incentives to visitors to click on advertisements or register for Advertisers offers; incentives include, but are not limited to, awarding cash, points, prizes, rewards, and entries to contests/sweepstakes.
6. Site must NOT contain illegal, offensive, infringing or objectionable content.
1. General Promotional Requirements
We will provide you with links and advertising creatives to OffersQuest.com Advertisers using unique URL's specified and provided by the Network (the "Campaign URL's").
Only approved sites are allowed to use these Campaign URL's.
Affiliate agrees to use only approved advertising creatives in the identical format as provided by the Network.
Affiliate agrees to NOT create their own banners or advertising text without prior approval of the Network.
Modification of approved creatives supplied by the Network is strictly prohibited and can result in
the forfeiture of your entire commission for all programs and your account being terminated.
2. Email Promotional Requirements
OffersQuest.com has a Zero Tolerance No Spam Policy.
Affiliate agrees to NOT send Spam (Unsolicited Commercial Email) mentioning or promoting the OffersQuest Ad Network and/or its Advertisers.
Affiliate agrees that any email sent by Affiliate mentioning or promoting the OffersQuest Ad Network and/or its Advertisers is strictly permission based and this permission is documented by Affiliate.
Affiliate agrees to maintain documentation consisting of, at a minimum, email address, Time, Date, Subscriber IP address and original registration/subscription source.
Affiliate agrees to provide this documentation within 24 hours upon request by Network for any email sent by Affiliate mentioning or promoting the OffersQuest Ad Network and/or its Advertisers.
Affiliate further agrees to the following for any email sent by Affiliate mentioning or promoting the OffersQuest Ad Network and/or its Advertisers:
1. No deceptive from lines, subject lines, or false headers.
From lines must disclose the true identity of the sender company and/or list name and must represent a valid working email address.
2. All emails must contain a functioning opt-out/unsubscribe link, valid return email address and opt-out/unsubscribe requests must be honored within 10 Days.
3. A physical address must be included in each email.
Any violation of our Zero Tolerance No Spam Policy will result in
the forfeiture of your entire commission for all programs and your account being terminated, and Affiliate being held liable for any and all damages.
3. Commissions
We will pay you commissions on unique clicks, actions and registrations to third parties. For a click to generate a commission, the customer must follow a Campaign's URL (in the format specified by OffersQuest.com) from your site to an OffersQuest.com Advertiser. For an action or registration to generate a commission, the customer must follow a Campaign's URL (in the format specified by OffersQuest.com) from your site to an OffersQuest.com Advertiser and perform a required action; including, but not limited to, completing a registration with valid, accurate and verifiable information.
Commission payment is made approximately 15 days after the end of the month and after receiving payment from the Advertiser.
Delinquent Advertiser payments received by OffersQuest.com will be credited to the Affiliate in the month they are received. In the event that an Advertiser does not pay OffersQuest.com, we will make every reasonable effort to collect monies due, but do not guarantee payment to Affiliate for uncollected amounts.
Affiliate must accumulate a minimum of $20.00 in their account for a commission payment to be issued. Otherwise, payment will not be made until the $20.00 minimum payment threshhold has been satisfied.
International Affiliates (affiliates outside of the United States) agree to accumulate a minimum of $50.00 in their account to receive payment.
4. Fraud
OffersQuest.com has a Zero Tolerance Policy on Fraud.
We utilize state-of-the-art fraud detection mechanisms to actively monitor traffic for fraud. If we detect fraudulent activity whatsoever,
your affiliate account will be set inactive pending further investigation.
Affiliate agrees NOT to create fraudulent clicks or leads.
If it is determined that you have fraudulently created clicks or leads or inflated clicks or leads by fraudulent methods of traffic generation (as determined solely by OffersQuest.com, using any form or method not approved by OffersQuest.com),
you will forfeit your entire commission for all programs and your account will be terminated, and Affiliate will be held liable for any and all damages. OffersQuest.com reserves sole judgment in determining fraud.
5. General
Violation of any of the foregoing agreements may result in, among other things, the immediate termination of this Agreement and/or the commencement of an
action by OffersQuest.com against you seeking, without limitation, injunctive relief and/or recovery of actual, statutory and/or punitive damages.
Affiliate promises and agrees to indemnify and hold harmless OffersQuest.com against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation and all other claims resulting from Affiliate site, pages or Affiliate actions.
OffersQuest.com reserves the right to terminate any Affiliate contract for any reason whatsoever. Termination notice will be provided via e-mail and will be effective immediately.
Affiliate guarantees that all content, products, and services on your website are legal to distribute and that you own or have the legal right to use any and all copyrighted material.
OffersQuest.com gives no warranty, express or implied, for any and all services and products provided, including, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service by OffersQuest.com or its service providers.
You agree to settle any dispute under this agreement under the laws of the State of Nebraska, USA.
If any provision of this agreement shall be made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected.
If you have any questions regarding this agreement, email us at:
support@offersquest.com
