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BetterPPC Optimization Service Terms
These BetterPPC Program Terms (" Terms ") are entered into by you and BetterPPC. (" BPPC ") regarding the BetterPPC Program (" Program ") as further described in the BetterPPC frequently asked questions at faq_index.html (the " FAQs ") (collectively, the " Agreement ").
You represent and warrant that you are authorized to act on behalf of,
and bind to this Agreement, any third party for which you generate ads.
You hereby agree and acknowledge: | | 1. |
Policies. Program use is subject to all applicable BPPC policies, including without limitation the BPPC Privacy Policy and any other policies incorporated into the site and or service.
Policies may be modified any time. Some Program features are identified
as " Beta, " " Ad Experiment, " or otherwise unsupported (" Beta Features "). Beta Features are provided
" as is"
and at your option and risk. You shall not disclose to any third party
any information from, existence of or access to Beta Features. BPPC may
modify ads to comply with any publisher's policies. | | 2. |
The Program.
BPPC's optimization program creates the optimal ad for user supplied
text and keywords. You are solely responsible for all: (a) keywords,
and ad targeting options (collectively " Targets ") and all ad content and ad URLs (" Creative "),
whether generated by or for you; and (b) web sites proximately
reachable from Creative URLs and your services and products
(collectively " Services "). In addition, your ad
content, keywords, URL's etc. must comply with the Terms and Conditions
supplied by your chosen Paid Search Advertising provider (Such as
Google Adwords), and you are solely responsible for such compliance.
You shall protect your passwords and take full responsibility for your
own, and third party, use of your accounts with BPPC. Current charges
to participate in the program are as follows: | | | | | |
| Program Type | Charge | | Single Test | Subject to terms in force
| | Monthly Unlimited Testing | Subject to terms in force
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All charges are non-refundable once incurred, with the exception of our single test guarantee (“ Guarantee ”).
Our Guarantee is only applicable to your first test with BetterPPC.
If your first test doesn't result in at least a 20% improvement in CTR,
we will provide a re-test along with additional suggestions for no
additional charge. If our suggestions are followed and the retest does
not result in an increase of 20% in CTR from your original comparison
campaign, we will refund the amount initially charged to you. If you
have signed up for the BPPC monthly unlimited testing program, and do
not experience a 20% improvement on your first test, we will provide
assistance in creating a better retest campaign. If after our
assistance, you cannot achieve a 20% CTR increase over your baseline
account, we will give you the option of canceling your monthly
unlimited program without charge and will refund the monthly payment,
provided that you have not created any other tests which have achieved
a 20% gain. Please note that the Guarantee does not apply to tests
created subsequent to the first test.
Additional terms of payment. Monthly unlimited testing is billed
monthly, in advance, on the monthly anniversary date of the original
payment. No pro- rations, credits or refunds will be permitted or
issued if a monthly unlimited testing account is cancelled.
Sections 1, 2, 4, 5, 6 and 7 will survive any expiration or termination of this Agreement. | | | |
| 3. |
Prohibited Uses.
You shall not, and shall not authorize any party to: (a) generate
automated or fraudulent impressions or clicks; or (b) advertise
anything illegal or engage in any illegal or fraudulent business
practice in any state or country where your ad is displayed. You
represent and warrant that (x) all your information is correct and
current; (y) you hold and grant BPPC all rights to copy, distribute and
display your ads and Targets (" Use "); and (z) such
Use and websites linked from your ads (including services or products
therein) will not violate or encourage violation of any applicable
laws. Violation of these policies may result in immediate termination
of this Agreement or your account without notice and may subject you to
legal penalties and consequences. | | 4. |
Disclaimer and Limitation of Liability.
BPPC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY
PURPOSE. BPPC disclaims all guarantees regarding the levels or timing
of costs per click, click through rates or delivery of any impressions,
positioning, clicks or conversions for any ads or Targets. EXCEPT FOR
INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER: (a) NEITHER
PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT,
EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY
OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY; AND (b) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS
LIMITED TO AMOUNTS PAID OR PAYABLE TO BPPC BY YOU FOR THE AD GIVING
RISE TO THE CLAIM. Except for payment, neither party is liable for
failure or delay resulting from a condition beyond the reasonable
control of the party, including but not limited to acts of God,
government, terrorism, natural disaster, labor conditions and power
failures. | | 5. |
Payment. .
Charges are exclusive of taxes. You are responsible for paying (y) all
taxes and government charges, and (z) reasonable expenses and attorney
fees BPPC incurs collecting late amounts. You waive all claims relating
to charges unless claimed within 60 days after the charge (this does
not affect your credit card issuer rights). You acknowledge and agree
that any credit card and related billing and payment information that
you provide to BPPC may be shared by BPPC with companies who work on
BPPC's behalf, such as payment processors and/or credit agencies,
solely for the purposes of checking credit, effecting payment to BPPC
and servicing your account. BPPC may also provide information in
response to valid legal process, such as subpoenas, search warrants and
court orders, or to establish or exercise its legal rights or defend
against legal claims. BPPC shall not be liable for any use or
disclosure of such information by such third parties. | | 6. |
Indemnification.
You shall indemnify, defend and hold BPPC, its parent, agents,
affiliates, and licensors harmless from any third party claim or
liability (including without limitation reasonable legal fees) arising
out of your Program use, Targets, Creative and Services and breach of
the Agreement. Partners may assert and enforce this Section 6 as a
third party beneficiary. | | 7. |
Miscellaneous.
The Agreement must be construed as if both parties jointly wrote it,
governed by California law except for its conflicts of laws principles
and adjudicated in Los Angeles County, California. The Agreement
constitutes the entire agreement between the parties with respect to
the subject matter hereof. Any conflicting or additional terms
contained in additional documents (e.g. reference to a purchase order
number) or oral discussion are void. You may grant approvals,
permissions and consents by email, but any modifications to the
Agreement must be made in a writing (not including email) executed by
both parties. Any notices to BPPC must be sent to: BetterPPC.,
BetterPPC Program, 2121 Rosecrans Avenue, Suite 2370, El Segundo, CA 90245, USA, and
are deemed given upon receipt. Notice to you is acceptable by sending
email to your specified email address and is deemed received when sent.
A waiver of any default is not a waiver of any subsequent default.
Unenforceable provisions will be modified to reflect the parties'
intention, and remaining provisions of the Agreement will remain in
full effect. You may not assign any of your rights hereunder and any
such attempt is void. BPPC and you and BPPC and Partners are not legal
partners or agents, but are independent contractors. |
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