|
|
Terms of Service
Please read this page and our help section when you have a question, before you email us. Emails asking questions
already answered in our Help Section/FAQ or TOS will not be answered.
1. Advertising
A deposit must be submitted to Nighon in advance of initial advertising. By submitting advertising for inclusion on Nighon, advertiser/agency agrees to be bound by the terms of this contract. No conditions other than those set forth herein shall be binding on Nighon. This contract supersedes any previous agreements between Nighon and advertiser/agency relating to the subject matter set forth herein. Nighon's only obligation to serve advertisements hereunder shall be to serve advertisements of the advertiser described herein, and in no event shall Nighon be obligated to serve advertisements for any other advertiser.
2. Right to terminate
Nighon reserves the right to terminate any account for any of the following:
We monitor all traffic. If your account is shown to be sending an unreasonable amount of open proxy traffic, your account will be deleted immediately without any warning.
Any artificial means of generating traffic including, but not limited to, hit bots, multiple clicking scripts, traffic from an open proxy server, targeting specific keywords, hidden links, incentivizing surfers in any way (including search-exchanges) or any other similar activity will result in forfeiture of all monies owed and possible criminal prosecution.
Affiliate must have all referring pages written entirely in English.
All searches MUST originate from either the portalpage we provide, or from our searchbox located on your website. No other form of searches are acceptable. Read our FAQ for more information.
All affiliate's personal information must be filled out completely. If any affiliate's personal information is false or is not filled out completely that affiliate's account will be cancelled without further notice. This includes both a first and last name, a street address with house number, payment info, etc.
Inactivity for 30 days.
Publicly posting derogatory and/or slanderous statements about Nighon, or any of its subsidiaries or officers will result in forfeiture of all monies owed.
Non-compliance will result in immediate termination of your account. Non-compliance with these terms and conditions may result in the forfeiture of all monies owed, permanent locking of the account and possible criminal prosecution. Nighon reserves the right to send payment via check or money order to the mailing address supplied by our affiliates if fraudulent activity is suspected. Nighon reserves at their sole discretion the right to terminate or ban any members account that is thought to have violated any of the terms within this agreement. A banned account will remain banned for 3 days before being deleted. During these 3 days an affiliate can contact Nighon to try to resolve the problems with the account. If an affiliate fails to contact Nighon within these 3 days, Nighon assumes the affiliate does not wish to resolve the problems and will delete the account. Any of the above terminations can be carried out without prior notice. Nighon shall have the right, in its sole discretion, to determine whether Click-thrus are fraudulent or derived from improper use of the searchbox(es). All decisions by Nighon are final.
3. Member Responsibility
All Users sent by you must come from a Web page. Only one afilliate account is allowed per member. No incentivizing to search or targeted keyword searches are allowed. Nighon generally pays for clicks generated from The United States, Canada, Australia, France, The Netherlands, Spain, England, Scotland, Ireland, Wales, Austria, Switzerland, Finland, Italy, Norway, Belgium, Denmark, Greece, Sweden, Iceland and New Zealand, but reserves the right for certain advertisers to accept traffic from more or less countries. Newsgroup postings with hyperlinks, e-mail links, ICQ, Instant Messages, spamming or any other such practice that could reflect negatively on our program are strictly prohibited. Failure to comply with this request will result in the immediate cancellation of the account from which the clicks were generated and may also result in the forfeiture of any funds owed to that account. The action of sending any hits from any URLs which contain and/or promote the following content: warez, MP3s, ROMs, newsgroup postings, SPAM e-mails, or any other site which contains content or promotes activities which are illegal in the United States will result in the immediate cancellation of the account from which the hits were sent and the forfeiture of any funds owed to that account.
4. Changes and Cancellations
Nighon's advertising specifications are accessible in the advertiser's member area, which can be accessed through the link "Log In". Cancellations and changes can be made there. Nighon reserves the right to change any of its specifications at any time.
5. Delivery, Frequency and Makegood
All figures relating to the number of advertisements served as determined by Nighon shall govern, regardless of whether advertiser/agency is using the services of a third party ad server. If Nighon fails to provide the guaranteed number of impressions, Nighon will make good on this contract.
6. Key Words and Phrases
Nighon offers no exclusivity on keywords or phrases. Each advertiser will be given ranking positions based upon the bid they enter on keywords/phrases.
7. Rejections
Nighon reserves the right, without liability, to reject, omit or exclude any advertisement or to reject or terminate any links, buttons, boxes or banners for any reason at any time, with or without notice to the advertiser/agency, and whether or not such advertisement, link, button, box or banner was previously acknowledged, accepted, or published.
8. Licenses and Indemnification
Advertiser/agency grants Nighon the right to use, reproduce, publicly display and distribute advertiser's advertisments and collateral information and warrants that advertiser/agency has the right to grant such license. Advertiser/Agency represents that the advertiser is the owner or is licensed to use the entire contents and subject matter contained in its advertisements and collateral information, including, without limitation, (a) the names and/or pictures of persons; (b) any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services; and (c) any testimonials or endorsements contained in any advertisement submitted to Nighon. In addition, advertiser/agency represents that the advertiser's advertisements and collateral information do not violate any applicable local, state or federal law or regulation. In consideration of Nighon's acceptance of such advertisements and information for publication, the advertiser and agency will jointly and severally indemnify and hold harmless Nighon and its officers, directors, employees, accountants, attorneys, agents, parent, affiliates, subsidiaries, successors and assigns from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to: (i) advertiser/agency's breach of any covenants, representations and warranties made therein, (ii) Nighon's performance under this contract, and (iii) the copying, printing, distributing, transmitting or publishing of advertiser's/agency's advertisements or collateral information by Nighon.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL NIGHON BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATON, FOR LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF NIGHON HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
10. CopyRight
All content of Nighon.com is protected under copyright law. Including but not limited to all images, HTML code, banners and logos. Anyone found infriging upon these copyright laws will be reported and could face possible criminal prosecution. Members of Nighon are permitted to use banner(s), portal(s) and or searchbox(es) provided as is. Altering banners, portals or searchboxes without prior approval of Nighon staff is strictly prohibited. Nighon does not allow you to copy (parts of) this TOS and/or our FAQ for your own use. Anyone who fails to comply with this request agrees to pay Nighon $10 each for using our copyrighted TOS and/or FAQ. We have placed little, invisible tags on these pages, which will tell us immediately when they are used anywhere else but on this site. When we find anyone using (part of) either our FAQ or TOS, we will bill their paypal-address for the amount owed (either $10 or $20). By copying our site, you agree to pay this amount. We dont hesitate to criminally prosecute anyone who fails to pay this amount on request (yes, even for such a little amount: we feel very strongly about protecting our work!).
11. Change Of Terms
Nighon may, at any time, choose to edit, add and/or delete portions of this agreement and impose changes without prior notification of its members. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Nighon program and any use of the Nighon Search Code property following our posting of a change in policy notice or new agreement on our site will constitute binding acceptance to the change.
|
|
|
