This Agreement sets forth the terms and conditions that govern your
access and use of the Web Sites and any related Internet media
properties associated with Lake Quincy Media, collectively known as the “Site”).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
- By accessing or using the site, you agree to be bound by
the terms and conditions set forth below. If you do not wish
to be bound by these terms and conditions, you may not access
or use the site and should immediately cease such use.
- Lake Quincy Media may modify this agreement at any time, and such
modifications shall be effective immediately upon posting of the modified
agreement on the site.
- You agree to review the agreement periodically to be aware of such
modifications and your continued access or use of the site shall be
deemed your conclusive acceptance of the modified agreement.
- You may not modify copy, reproduce, republish, upload, post, transmit,
or distribute, in any manner, the material on the site, including text,
graphics, code and/or software.
Table of Contents
General terms for all users of the site
Limitation of Liability
You expressly understand and agree that Lake Quincy
Media shall not
be liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss
of profits, goodwill, use, data or other intangible losses (even if
Lake Quincy Media has been advised of the possibility of such damages),
resulting from:
- The use or the inability to use any Lake Quincy
Media service
- The cost of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or obtained
or messages received or transactions entered into through or from the
Site’s services
- Unauthorized access to or alteration of your transmissions or data
- Statements or conduct of any third party on the Site’s service
- Any other matter relating to the Site’s service. In no event
shall Lake Quincy Media’s total liability to you for all damages,
losses, and causes of action (whether in contract, tort (including,
but not limited to, negligence), or otherwise exceed the amount paid
by you, if any, for accessing this site.
- Lake Quincy Media may provide, or third parties may provide, links
to non-Lake Quincy Media Internet World Wide Web sites or resources.
Because Lake Quincy Media has no control over such sites and resources,
you acknowledge and agree that Lake Quincy Media is not responsible
for the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources.
- You further acknowledge and agree that Lake Quincy
Media shall not
be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of
or reliance on any such content, goods or services available on or through
any such site or resource.
Ability to Enter into Agreement
- By executing this Agreement, Member warrants that Member
(or Authorized Representative of Member) is at least 18 years
of age, and that there is no legal reason that Member cannot
enter into a binding contract
Advertiser Terms and Conditions
Publisher Network
Lake Quincy Media will use reasonable efforts to maintain and operate its online service. Lake Quincy Media does not warrant that the operation of its online service will be uninterrupted or error free. Lake Quincy Media assumes no liability for any omission or delay of any impression and/or any advertising.
Rates
All advertising is subject to the terms and conditions of the current rate card, as well as Lake Quincy Media's approval.
The rates provided are subject to change and are valid for seven days from the date they were sent by a representative of Lake Quincy Media. Volume discounts are based upon the number of impressions paid for at the time of purchase.
Payments
Invoices are sent electronically once campaigns have been developed
and agreed upon. Advance payment in full is required for all new accounts before
campaigns are activated. Credit terms may be considered for existing accounts.
Invoices more than 30 days past due are subject to a 1.5% service charge per month.
Payments may be made by check, PayPal, or secure credit card. Other options
may be considered. Contact your account manager for more information.
Campaign Media
Advertisers are responsible for providing appropriate campaign media. All media should be sent electronically in the proper format to your account manager at least 72 hours prior to the start date.
Advertiser is solely responsible for any legal liability arising out of or relating to (i) the advertising and online programs, (ii) any materials to which users can link through the advertising, and/or (iii) any third party’s use of the Advertisers products and services. Advertiser represents and warrants that (i) it holds the necessary rights to permit the use of the advertising and any materials to which the users can link through the advertising and (ii) that the use, reproduction, distribution, or transmission of the advertising and any material to which users can link through the advertising, will not violate any federal, state, or local laws or violate any rights of any third parties.
Campaign Delivery Guarantee
Lake Quincy Media will use reasonable effort to distribute impressions contracted with the advertiser evenly over the course of a campaign. Lake Quincy Media will never end a campaign prematurely after the contracted amount of impressions have been delivered unless explicitly instructed to do so by the advertiser. In the event there are more impressions available in a particular format than what were contracted, Lake Quincy Media reserves the right to over deliver. Lake Quincy Media will never charge an advertiser for impressions delivered beyond the contracted amount.
Campaign Changes or Cancellations
Changes or cancellations of active campaigns must be submitted in writing
and will be effective within 7 days of receipt by Lake Quincy Media.
In the event of a cancellation or significant reduction of a campaign, (i)
Lake Quincy Media makes no guarantees as to the number of impressions,
(ii) the Advertiser is responsible for payment of all impressions served, and (iii) the
Advertiser may be responsible for additional charges due to a change of discount based on reduced volume.
In consideration of Lake Quincy Media’s providing the online advertising network, the Advertiser
and its agency agree to indemnify and hold harmless Lake Quincy Media and any third parties
- who distribute the Advertising
- who maintain sites that link to Lake Quincy Media where the Advertising runs
- who provide the infrastructure that allows the Advertising to be run
against any loss, liability, damages, claims, and expenses (including reasonable attorneys’ fees) arising out of (i) the
content of the advertising, (ii) Lake Quincy Media publishing and distributing such advertising and related
material, (iii) any material to which third parties can link through the advertising including material on Advertiser’s site,
(iv) third parties’ use of the Advertiser’s products and services, and (v) any breach of Advertiser’s
representations and warranties above. In no event shall Lake Quincy Media be liable for any indirect,
consequential, incidental or special damages, nor shall its liability for any act, error, or omission, whether or not due to its
negligence, exceed the cost of the online media ordered.
Publisher Terms and Conditions
Audit
- Lake Quincy Media shall have the sole responsibility for
calculation of Publisher earnings, including Impressions and
click through numbers.
- In the event Publisher disagrees with any such calculation, a written
request should be sent immediately to Lake Quincy
Media.
- Lake Quincy Media will provide Publisher with an explanation or adjustment
of the numbers which shall be final and binding.
Taxes
- Every US based Publisher account must have a unique taxpayer
identification number (TIN). All payments are based on actuals
as defined, accounted and audited by Lake
Quincy Media. In
no event will payments be made on accounts that have not provided
proper tax identification information.
- All Publisher sites or other parties who may collect any payments
of any type from Lake Quincy Media are solely responsible for any taxes
due upon and reporting of such earnings.
Data Reporting (Stats)
- Lake Quincy Media is the sole owner of all Website, Campaign,
Slot, Zone, and aggregate web user data collected by Lake
Quincy Media.
- Publishers will be able to review overall data for each Zone and Default
Campaigns.
- Advertisers will be able to review Campaign performance data. However,
advertisements which utilize rich media HTML that are loaded from a
different location will not count towards any click tracking statistic
or click based payment.
Fraud and Deception
- Lake Quincy Media reserves the absolute right not to pay
any accounts or Publishers that violate any of the terms and
conditions set forth herein.
- Lake Quincy Media will be responsible for determining, in its sole
and absolute discretion, what acts and omissions violate this
policy, and which acts include activity that is deceptive or fraudulent
in nature.
- Lake Quincy Media audits every Publisher's traffic on a daily
basis. Publishers that produce or commit fraudulent activities,
including false clicks, false impressions, and incentivised
clicks, will have their account permanently removed from our
network and will not be compensated for fraudulent traffic.
Additionally, Lake Quincy Media reserves the right to register
fraudulent Publishers in a global ad network fraud database,
for usage by other ad networks. We have several fraud mechanisms
at our disposal that will detect most forms within a few days
of the initial activity. All proceeds from accounts with fraudulent
activity will be refunded to Advertisers.
- Publishers agree to
not artificially inflate traffic counts using a program (including
scripts), device, or other means. Excessive page reloading
or any other abuse of our system could result in legal action.
- No
Publisher shall induce visitors to click on advertisements
based on incentives. The following methods of generating visitor interest
are unacceptable to Lake Quincy Media and may be grounds
for dismissal from the Network:
- Use of unsolicited email or
inappropriate newsgroup postings to promote your Website;
- Auto-spawning of browsers;
- Automatic redirecting of users;
- Clicking on your own banners;
- Blind text links;
- Misleading links;
- Any other method that may lead to artificially high numbers of impressions
or clicks.
Compensation
- Compensation for run of network advertising is based on the number of ads the Publisher site shows.
- Compensation is paid at a rate of 50% of the gross value of every advertisement shown on the member site multiplied by each advertisement's share of impressions that was shown on the member site.
- All compensation is calculated monthly, for the previous month. Payments are sent by check or PayPal NET 60 from the end of the month in which the compensation was earned. Payments are only sent once a Publisher's total balance exceeds $100.
- Publishers must either fax or submit electronically a W-9 form before any payments will be sent.
Placement
No member will place ads:
- On blank pages,
- On pages with no content,
- On top of one another,
- On non-approved Websites,
- On pages that automatically refresh, or in such a fashion that may
be deceptive to the visitor.
- All advertisements must be placed in such a manner that a majority
of visitors will notice the advertisement.
Lake Quincy Media does not guarantee click-throughs or sales, nor will
be held responsible if no click-throughs or sales are generated. Lake
Quincy Media will make every effort to deliver visitors to advertiser’s
destinations upon click of the advertiser’s ad.
