Terms and Conditions
The following Terms and Conditions shall govern the placement and delivery of advertising as set forth in any insertion orders or service agreements (“IO”) executed by and between ProfitSence LLC and Publisher & Advertiser. Each Company and Publisher & Advertiser shall be referred to as a “Party” and jointly as the “Parties”.
I. Definitions and general enquiry
Upon the execution of the Terms, all advertisers and website publishers will create a unique, password-protected Account. By creating an Account, you represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to agree to and be bound to these Terms. You agree to be financially responsible for your Account and to comply with your responsibilities and obligations as stated in these Terms and in any policies or procedures posted on the Site, including but not limited to those for deposits of funds, account cashouts, payment methods, and refunds. To register an Account, you will be required to submit an email address and password and to provide contact and billing information. You agree that you will not knowingly select or use the email address of another person or impersonate another party, or use an email address that ProfitSence may consider as inappropriate or offensive. ProfitSence may refuse to permit you to use a specific Account name or email address for any reason. You are responsible for safeguarding and maintaining the confidentiality of the Account/contact information and associated password. You are entirely responsible for the accuracy of your information and keeping it up-to-date; failure to do so will constitute a breach of these Terms and ProfitSence reserves the right to terminate your Account. You must immediately notify ProfitSence of any unauthorized use of the Account or any other breach of security of which you become aware. You agree that you will be liable for any activity performed by anyone using the Site with your Account. If we are unable to verify any information, you provide to ProfitSence, and if we believe that, your actions are illegal, fraudulent, harassing, abusive, or may cause legal liability or other harm for ProfitSence, Account holders, or any other party – we reserve the right to terminate or to suspend access to your Account at any time.
III. Payment terms and Funding Your Account
ProfitSence requires payment in advance for all Advertiser accounts. Advertisers must initially fund their accounts in order to activate them, no limits to the amount. All accounts that have no deposited funds are placed on hold and all the advertising campaigns are stopped, until the account is funded.
If your Account is inactive for a twelve-month period (i.e., you did not log into your account during 12 months), your Account balance will be charged as an inactive fee, meaning your balance will be $0 and your account will be closed. ProfitSence may, but has no obligation to, give you prior notice of the imposition of any inactive fee.
IV. Copyright Information and Trademarks
The copyright information is protected under applicable copyright, trademark and other proprietary (including but not limited to intellectual property) rights. All of the trademarks of ProfitSence are pending patent and their use, without ProfitSence’s prior written consent, is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Site and you agree not to display or use in any manner the material on the Site.
V. Conditions for Usage
Being a publisher or a seller of ads, in connection with your Account, you agree to:
- Comply all the applicable local, state, national and international laws and regulations that relate with your use of or activities on the Site.
- Install and use ProfitSence’s ad serving code on your website at all times that you publish or sell ads through the Site;
- Accept ProfitSence’s terms for release of statistical information. You agree that such statistics are estimates only and are subject to revision for reasons to processing errors or the discovery of fraudulent clicks, and that updates of statistics are generally released, but not guaranteed, for several times a day;
- Notify us via email if you wish to close your Account;
- Accept ProfitSence’s terms for payment, cash outs, as described in the Account registration process on the Site.
Being a publisher or a seller of ads, in connection with your Account, you agree NOT to:
- Provide false, inaccurate or misleading information, impersonate any person or entity, or otherwise misrepresent your affiliate with a person or entity;
- Violate any applicable law, statute, ordinance, or regulations;
- Offer or disseminate fraudulent goods, services, schemes, or promotions or engage in any unfair deceptive act or practice;
- Violate any confidentiality or nondisclosure obligations you have with other parties; infringe any party’s copyright, patent, trademark, trade secret or other intellectual property rights;
- Offer any form of adult, sexually-oriented, or obscene content or services, including without limitation, any pornographic materials, any materials which require individuals to be 18 or older to view or purchase, any escort services, and any adult websites;
- Offer any form of gambling;
- Use any deceptive implementation methods to obtain clicks, whether manual or automated, including but not limited to clicking your own ads, asking others to click ads, offering compensation to users for viewing ads or performing searches, promising to raise money for third parties for such behavior or placing images next to individual ads, or using robots or other automated tools;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- Disrupt or interfere with the security of the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
- Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or use any device, software or routine to attempt to interfere with use of the Site;
- Take any action that may cause ProfitSence to lose any of the services from its internet service providers, payment processors, or other suppliers.
All content in advertisements bought or sold through this Site, whether publicly posted or privately transmitted, are the sole responsibility of the party from which such Content originated. Under no circumstances will ProfitSence be liable in any way for any Content. You agree that you must evaluate and bear all risks associated with the use of any Content. You are solely responsible for all Content that you submit to be placed as advertising or that you upload, post, display, email, transmit or otherwise make available through the Site. ProfitSence does not control the Content and does not guarantee the accuracy, integrity or quality of any Content. ProfitSence reserves the right to terminate or limit your access to services at its own discretion.