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AdvertisingIQ.com Advertising Exchange Network Terms of Service and End User License Agreement

The AdvertisingIQ.com domain-based advertising exchange network is the creation of collaborative efforts of the Case of Success Company, established June of 1999. Past present, and future we have done and continue to do everything possible to ensure excellent advertising services to all participants in the AdvertisingIQ.com Advertising Exchange Network. This includes extensive anti-cheat functions and early-fraud detection implementations. All members must agree to read and comply in full with these published terms. We have developed the services of AdvertisingIQ.com Advertising Exchange Network to directly benefit members, and thank you for your continued support.

AdvertisingIQ.com staff reserves the right to verify through any (non-obtrusive) means, the placement and correctness of the AdvertisingIQ.com JavaScript / HTML code provided to members in connection with their participation in the AdvertisingIQ.com Advertising Exchange, and as a member you hereby grant AdvertisingIQ.com staff the right to access your website in connection with this purpose. You acknowledge that the AdvertisingIQ.com Advertising Exchange Network provides a free service that is supported only by sponsors and provided to you at no cost, and that at any given time the AdvertisingIQ.com JavaScript / HTML code incorporated within your website may display a paid sponsor advertisement. All AdvertisingIQ.com JavaScript / HTML code must be placed on a page or pages within your website so that your visitors will see the advertisement as programmed into the JavaScript / HTML code.

AdvertisingIQ.com staff reserves the right to deactivate any member(s) accounts whose website(s):

(a) contains little or no original content; and / or

(b) displays AdvertisingIQ.com JavaScript / HTML code on an inordinate number of dynamically-generated pages; and / or

(c) displays AdvertisingIQ.com JavaScript / HTML code on pages that automatically refresh themselves by means of any coding (Including on Auto Surf Exchanges); and / or

(d) remains inactive for a period of 7 or more calendar days, including not logging into account or not generating any advertising impressions (including banner ads, and/or startpage exposures) or any of the aforementioned advertisement click-thrus. Inactive accounts may be terminated without notice.; and / or

(e) displays any more than 1 (one) of any individual type of AdvertisingIQ.com JavaScript / HTML code per page (ie. more than 1 (one) banner ad exchange code for the same size banner [NOTE: 1 (one) of each different banner ad size IS PERMITTED].

Without limiting the foregoing, in connection with your participation in the AdvertisingIQ.com Advertising Exchange you may not:

(a) artificially inflate traffic counts to your website using any device, program or other means; and / or

(b) include the AdvertisingIQ.com JavaScript / HTML code on any pages within your website which you have programmed to automatically reload or to another page without interaction from the user (e.g., client pull or server push technology); and / or

(c) include the AdvertisingIQ.com JavaScript / HTML code on any web page that is not generally accessible to all Internet users (e.g., pop-up windows and / or hidden frames); and / or

(d) place any AdvertisingIQ.com JavaScript / HTML code on any web page that is unrelated to your website

You will not receive any credits falsely earned by any violation of the foregoing. You acknowledge and agree that your website data as it relates to the AdvertisingIQ.com Advertising Exchange may be utilized by AdvertisingIQ.com staff and / or disclosed to any third party (e.g., lists of the busiest websites, lists of member websites, etc.).




In addition the following terms apply to the specifically named exchange feature below:

Start Page Exchange:

(a) Members whose websites "break out of frames" taking over the entire browser window / causing the AdvertisingIQ Start Page Exchange Navigation frame to be inaccessible will not have their website shown in the Start Page exchange will not get to use any Start Page ad credits.

(b) Members who enter their Start Page URL (ie. http://www.advertisingiq.com/cgi-bin/start.pl?MEMBERNAME) into OTHER Start Page exchanges can and will have their Start Page ad credits reset to "0" (zero) if and when the report of abuse is verified.

Banner Ad Exchange:

(a) Absolutely NO Banner Ad exchange code(s) should be inserted into "banner farms" (We consider pages that consist of more than 6 banner ads to constitute a "banner farm" for purposes of this agreement.) Members who insert their uniquely specific Banner Ad exchange code(s) into pages that we deem inappropriate as "banner farms" will immediately have any and all Banner Ad exchange ad credits reset to "0" (zero) if and when the report of abuse is verified.




Agreement Between User(s) and Case of Success
The AdvertisingIQ.com Advertising Exchange includes various websites and pages operated by the Case of Success company and its affiliates and members. The Affiliate websites and Member websites are not under the control of Case of Success and / or AdvertisingIQ.com staff and the Case of Success company is in no way responsible for, liable for, or in control of the actions or the contents of any Affiliate website or Member website and / or any link contained in a Affiliate website or Member website and / or any changes or updates to such websites.

The AdvertisingIQ.com Advertising Exchange is a free service (or paid service for advertising clients) available to you on your acceptance without modification to or of these Terms of Service. Your use of the AdvertisingIQ.com Advertising Exchange is completely voluntary and constitutes your agreement to these Terms of Service.

You agree to familiarize yourself with these Terms of Service, including the Additional Terms, and other terms and / or guidelines found within the AdvertisingIQ.com domain and abide by them if you choose to use the website or service to which such terms apply.

You agree to receive occasional email notifications of AdvertisingIQ.com Advertising Exchange Network service updates and monthly newsletters which contain general and / or member-specific information, such as program changes, news and / or service announcements.

URLs that are entered upon registration, or changed at a later date, can have a maximum of 2 (two) popup and/or popunder and/or exit popup windows. Web pages that have more than 2 (two) of any sort of popup, popunder, exit windows (including alert windows), and/or that generate additional popups once a popup is closed will be suspended and/or deleted possibly without warning other than this notice.

You agree that you shall not present AdvertisingIQ.com links and / or any images comprising the AdvertisingIQ.com links in combination with any other name or mark, in connection with your own goods or services, or in any manner that may suggest or imply that you or your goods or services are supplied by, sponsored by, endorsed by or affiliated with us.

We reserve the right in our sole discretion to outwardly monitor your website at any time to determine if you are in compliance with the terms of the Agreement.

As a member, you may not promote AdvertisingIQ.com Advertising Exchange Network links through unsolicited emails (i.e. spamming), newsgroup postings, or any other method of unsolicited mass communication.

MODIFICATION OF THESE Terms of Service
AdvertisingIQ.com staff, under authorized representation of the Case of Success company, reserves the unlimited right to change the Terms of Service at anytime, effective upon making the modified provisions available for general access on the AdvertisingIQ.com Advertising Exchange website at ( http://www.advertisingiq.com/TOS_EUA.html ). You are responsible for regularly reviewing these Terms of Service and conditions together in full constituting the publicly recognized Terms of Service and End User Agreement. Continued use of the AdvertisingIQ.com Advertising Exchange after any such changes shall constitute conformance and consent to any such changes. Case of Success company staff and / or AdvertisingIQ.com official representatives do not and will not assume any obligation, liability, or responsibility to notify you of any changes to the Terms of Service and Notices, or Additional Terms, under any circumstances.

USE LIMITATION
You are not authorized at any time nor under any conditions to modify and/or sell, in whole or in part your advertising benefits (Advertising credits) earned from your participation in the AdvertisingIQ.com Advertising Exchange (free and/or paid member accounts are completely non-transferable).

LINKS TO THIRD PARTY WEBSITES
The links in the AdvertisingIQ.com Advertising Exchange may and usually will lead you leave the AdvertisingIQ.com domain. You acknowledge that the linked websites are not under the control of Case of Success and / or the AdvertisingIQ.com Advertising Exchange staff and that the Case of Success company and / or AdvertisingIQ.com staff are not responsible for, liable for, or in any form in control of the contents or operation of any linked website or any updates or any changes to such websites. The AdvertisingIQ.com staff are not responsible for any form of transmission received from any linked website. Case of Success is providing the advertising exchange service via the AdvertisingIQ.com domain that may lead you to these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Case of Success company and / or AdvertisingIQ.com staff of the linked website or any association with their webmasters.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the AdvertisingIQ.com Advertising Exchange Network you agree to not use AdvertisingIQ.com in part and / or in whole for any purpose that is unlawful, or prohibited by these Terms of Service or the any Additional Terms (which may be occasionally modified). In addition, you may not link to the AdvertisingIQ.com domain any website containing any illegal, defamatory, infringing, obscene, adult related, warez, pirated software, any indecent or unlawful topic, material and / or information, including but not limited to that which violates any applicable law, intellectual property right, proprietary right, privacy policy or publicity rights. We reserve the right to deny services to any website for any reason, or for no reason at all. All decisions as to whether any website is denied access to or the services of AdvertisingIQ.com Advertising Exchange Network are the final decision of AdvertisingIQ.com staff.


FURTHERMORE YOU AGREE NOT TO:

  • Upload files that contain trojan horses, viruses, corrupted files, or any other similar programs or software that are intended to damage the operation of any computer (e.g., "cracks" or other programs written to defeat the security measures of any computer, system or programs); and / or
  • Publish on your website (or have active or inactive links to) any illegal material or content, defamatory, infringing, obscene or unlawful material (such as relating either directly or indirectly to the distribution or promotion of child pornography and / or beastiality); and / or
  • Conduct or forward "chain letters", "pyramid schemes", or illegal contests; and / or
  • Use any means, device, software, etc., to artificially inflate traffic, exposures/impressions and / or clicks in regards to any website participating in the AdvertisingIQ.com Advertising Exchange Network.; and / or
  • Restrict or inhibit any other user from using the AdvertisingIQ.com Advertising Exchange Services or website.

LIABILITY DISCLAIMER
The information, software, services and other material included within or available through the AdvertisingIQ.com domain may not be complete, and may include inaccurate data or typographical errors, and may also be modified or deleted at any time.

Your access to and use of the AdvertisingIQ.com Advertising Exchange Network domain and services is at your own risk. Case of Success, Co., AdvertisingIQ.com staff, and / or its sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of the AdvertisingIQ.com Advertising Exchange Network services. Case of Success makes no guarantees of any kind regarding the accuracy, availability, dependability, security, or timeliness of the AdvertisingIQ.com Advertising Exchange Network services or website.

WITHOUT LIMITING THE FOREGOING, CASE OF SUCCESS, CO., AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, COMPLETENESS, CONDITION, SUITABILITY, RELIABILITY, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON/WITHIN THE ADVERTISINGIQ.COM DOMAIN FOR ANY PURPOSE. ALL SUCH INFORMATION, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CASE OF SUCCESS, CO., AND / OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, WITH REGARD TO THIS INFORMATION, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL CASE OF SUCCESS AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT AND / OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO: DAMAGES TO DATA OR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF OR PERFORMANCE OF THE ADVERTISINGIQ.COM ADVERTISING EXCHANGE SERVICES, WITH THE DELAY OR INABILITY TO USE THE ADVERTISINGIQ.COM ADVERTISING EXCHANGE SERVICES OR DOMAIN, AND /OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES OR MATERIALS, OR OTHERWISE, CONNECTED WITH THE USE OF THE ADVERTISINGIQ.COM ADVERTISING EXCHANGE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE CASE OF SUCCESS COMPANY AND / OR THE ADVERTISINGIQ.COM ADVERTISING EXCHANGE NETWORK STAFF (OR ANY OF ITS SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ADVERTISINGIQ.COM BASED ADVERTISING EXCHANGE NETWORK, OR WITH ANY OF THESE TERMS OF SERVICE,YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ADVERTISINGIQ.COM ADVERTISING EXCHANGE AND ITS RELATED SERVICES.

You agree to defend, indemnify and hold the Case of Success Company, AdvertisingIQ.com Advertising Exchange Network Owner(s), Representative(s), and Staff harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of these Terms of Service, or any third-party's rights. These obligations will survive any future termination of your use of the AdvertisingIQ.com Advertising Exchange Network services and / or website.

ACCESS RESTRICTION
Case of Success Company either directly and / or via the AdvertisingIQ.com Advertising Exchange Network Staff reserves the right to deny (in its sole discretion) any user(s) access to the AdvertisingIQ.com Advertising Exchange Services or domain and / or any portion thereof without notice. You are independently responsible for your password(s) and user name(s). You are independently responsible for any use or misuse of your own account and / or your AdvertisingIQ.com Advertising Exchange activities in regards to your account resulting from any third party using a password or user name issued to you.

TERMINATION
The Case of Success Company, either directly or via AdvertisingIQ.com Advertising Exchange Network staff may terminate this agreement and / or your access to any or all AdvertisingIQ.com Advertising Exchange services and / or the AdvertisingIQ.com domain in its entirety at any time, with or without cause, effective immediately. Anyone determined by Case of Success directly and / or AdvertisingIQ.com staff to have violated these Terms of Service, or any Additional Terms may be barred from using the AdvertisingIQ.com Advertising Exchange services, or from receiving any benefits or services from the AdvertisingIQ.com Advertising Exchange Network services. In addition, if you violate any of these Terms of Service and / or Additional Terms (as applicable) you will forfeit any and all advertising credits owed to you (if any) in connection with the AdvertisingIQ.com Advertising Exchange Network services.

ADVERTISERS
Members who purchase advertising credits either prior to or after becoming a AdvertisingIQ.com Advertising Exchange Network member, are hereby advised that these same TOS apply to their advertising accounts as well. Refund Policy: Any amount paid for advertising or any other sales are not refundable. Please understand that by the nature of online advertising, any campaign(s) exact results and the rate of impressions delivered and click-through may vary due to fluctuations in daily traffic, your advertisement quality (a good advertising creative (banner graphic/web-based sales page, etc.) will attract more people to your website and/or customers to purchase your product(s)) as well as the content of your website itself. Due to our stringent refund policy, we strongly advise any advertiser purchasing advertising services for the first time to buy the smallest amount of advertising credits for any advertising campaign (such as guaranteed page views, exposures, and or click-thrus) for initial testing purposes.

 
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