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TERMS OF USE
Introduction
You (“Publisher”) and Create Services Limited (Reg. Co. No. 4502461) of 199 Piccadilly, London W1J 9HA (“Advertiser” or “Create Services Limited”) have each entered into separate service agreements with Commission Junction, Inc. (“CJ”). Publisher has entered into a “Publisher Service Agreement” with CJ. These terms and conditions (“Terms of Use”) are applicable to Publisher’s membership in Advertiser’s Accucard “Program” (as defined in the Publisher Service Agreement) and modify certain terms and conditions of the Publisher Service Agreement with respect to Publisher’s participation in Advertiser’s Program only. Publisher acknowledges that it may participate in Advertiser’s Program only under the terms and conditions set forth below, and that subsequent to Publisher accepting these terms and conditions, Advertiser will, in its sole discretion, determine whether or not to accept Publisher into Advertiser’s Program.
For value received, Publisher covenants to CJ and Advertiser as follows:
1) Incorporation. The introductory paragraph above is incorporated herein, and any capitalized term herein that is not defined will have the meaning set forth in the Publisher Service Agreement.
2) Order of Precedence. In the event of an inconsistency between the Publisher Service Agreement and these Terms & Conditions, these Terms & Conditions will control.
3) Authorization to Link to the Program Web Site. Notwithstanding Section 4.1 of your Publisher Service Agreement entitled, “Proprietary Rights and Licenses”, Publisher agrees that it is not licensed a revocable, non-transferable, royalty free, international sublicense to display and link to Advertiser’s Web site, and all trademarks, service marks, tradenames, and/or copyrighted material ("Content"). Advertiser authorizes Publisher to display Links and to link only to the specific destination URLs that are made available to Publisher through the Network Service. The content of all such Links will be devised by the Advertiser or submitted to the Advertiser for approval before being placed. Publisher may not distribute, license or otherwise use Advertiser’s Links (and/or Content) in a manner inconsistent with this paragraph 3 or by Advertiser’s prior written permission.
4) No representations. For the avoidance of doubt, the last sentence of Section 4.1 of the Publisher Service Agreement does not apply to the Advertiser-Publisher relationship. Further, Publisher agrees that it shall not, without the express written consent of Advertiser, make statements that it is doing business with any organization for which Advertiser arranges the issue of credit cards or to use any logo of any such organization with any such statement.
5) Data Protection Act. Notwithstanding anything in the Publisher Service Agreement to the contrary, Publisher represents and warrants to Advertiser that Publisher shall in all cases comply with any relevant provisions of the Data Protection Act 1998 (or any successor legislation thereto) and the rules, regulations and orders made under it.
6) Term and Termination. The term of these Terms of Use shall be continuous, unless and until either party properly terminates the Terms of Use, in accordance with the following: (i) Advertiser shall provide Publisher with seven (7) days notice, except as provided for in 6(iii) below; (ii) Publisher uses the automated system within the Network Service to drop the Program; and (iii) notwithstanding Section 2.3 of the Publisher Service Agreement, Publisher agrees and acknowledges that if Publisher breaches any provision of these Terms of Use Advertiser may immediately terminate Publisher from Advertiser’s Program. Upon termination of these Terms of Use, Publisher must immediately remove from Publisher’s Website(s) and cease using any Program Links.
7) Responsibility for Site/Indemnification. Publisher will be solely responsible for the development, operation, and maintenance of its Website(s) and for all content that appears on Publisher’s Website(s). For example, Publisher will be solely responsible for:
* technical operation of Publisher’s Website(s) and all related equipment;
* placement of Links to Advertiser as described above;
* accuracy, timeliness and appropriateness of content posted on Publisher’s Website(s) (including, among other things, all of Advertiser’s offers);
* ensuring that materials posted on Publisher’s Website(s) do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights); and
* ensuring that content posted on Publisher’s Website(s) is not libelous or otherwise illegal.
Advertiser disclaims all liability for these matters. Further, Publisher agrees to indemnify and hold Advertiser harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
8 ) Modification. Advertiser may modify any provision(s) of these Terms of Use upon seven (7) days notice by notifying Publisher in writing, which may be through the CJ Network Service. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and Program rules. If any modification is unacceptable to Publisher, the only recourse for Publisher is to terminate these Terms of Use. Publisher’s continued participation in the Program and compliance with such change(s) following Advertiser’s notification will constitute binding acceptance of such change.
BY APPLYING FOR THE CREATE SERVICES LIMITED ACCUCARD PROGRAM AND CLICKING ON THE “I ACCEPT” ICON BUTTON YOU, PUBLISHER, ARE SIGNIFYING YOUR AGREEMENT TO BE BOUND BY THESE TERMS & CONDITIONS TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS DOCUMENT.
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