This Agreement represents a Service Agreement (“SA” or “Agreement”) between BCSL Brands, LLC d.b.a. Based Business Traffic (“Company”) and you, the Customer (“Customer”) for the provisioning of web traffic services “the Campaign” to the Customer-provided uniform resource locator (URL).
This Agreement remains valid until superseded by a revised agreement mutually endorsed by the Company and the Customer. This Agreement outlines the parameters of the Campaign covered as they are mutually understood by the primary stakeholders. This Agreement does not supersede current processes and procedures unless explicitly stated herein.
All orders that are placed through the Company website Based Business Traffic are subject to the following terms and conditions. By purchasing web traffic from the Company you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not purchase the Company’s products and services. If these terms and conditions are considered an offer by the Company, acceptance is expressly limited to these terms.
All orders are placed into the advertising queue as soon as the order is placed. Order processing will take between 24 to 72 hours depending on the Company’s current order volume. (This excludes orders placed on Saturday and Sunday. These orders will be processed on the following business day.) It may take longer than 72 hours for the Campaign to begin. The Company guarantees that the Campaign will begin within 120 hours from when the Customer’s order is placed.
The Campaign is purchased“As Is.” All campaigns are considered active the moment the first visitor is delivered to the Customer’s URL. The Campaign will be delivered to the website URL submitted with the order. In the event that there is an error with the submitted URL, the Customer will not hold the Company or it’s partner sites responsible for such error. Any web traffic delivered to a Customer’s URL reflecting the above error, will not be credited or entitled to a refund.
Due to variances in amounts of traffic purchased at different times, the Campaign start date may fluctuate. The Company is not to be held responsible if your campaign does not start by a specific date. The Customer is guaranteed that we will send the number of visitors to the URL you specify within 60 days or less of the Campaign start date. This is the only guarantee for this service. In no event shall the Company be liable for any consequential, direct, indirect, incidental, punitive, or other damages whatsoever (including, but not limited to, damages for loss of profits, loss of information or other pecuniary loss) arising out of the use or inability to use the Campaign, even if the Company and/or the Customer has been advised of the possibility of such damages.
If the Company is unable to deliver the number of visitors as promised within 60 days of the Campaign start date, you may claim a refund. In the unlikely event that the Company does not deliver the number of visitors promised, we will provide a refund of your entire purchase price on a pro-rata basis. In cases where refunds are claimed, the Company reserves the right to further investigate and approve or decline your request.
In the event that the Customer’s site becomes unavailable for any reason (e.g., the Customer’s server hosting the provided URL is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated with the internet, the Customer’s website, the Customer’s network, and/or its underlying infrastructure), the Customer will not hold the Company or our partner sites responsible for these errors. All and/or any web traffic delivered to the Customer’s site during this down time will not be credited or refunded. In the event that any of the above errors occur, including any errors not listed but clearly intended, the Customer may submit in writing a request for the Campaign to be placed on hold. Upon resolution of the problem the held Campaign will continue. Any web traffic previously sent will not be credited or refunded.
The Company’s use a state-of-the-art tracking system to track the Customer Campaign. Each order is given a unique campaign ID which is used to track visitors to the Customer’s URL by date and time. The Customer understands that if a Campaign visitor viewing the website closes it before it finishes loading (e.g., due to network bandwidth, high impact graphics, animation or lack of interest on the visitors part, etc.), it will count as a visitor on the Company’s system. The Company has sent the Customer’s URL to the visitor and have, therefore, fulfilled the Company’s obligation. This level of detail may not appear in your website statistics. We cannot control the acts of the individuals viewing the Customer’s website and the Company will not be held responsible for these actions.
When the Customer purchases a Campaign, the Customer understands and agrees that the statistics system provided by the Company will serve as the official record of traffic delivered throughout the Campaign. The Company will not be held responsible for web traffic not received on the Customer’s URL, but sent from our advertisement server during down time on any components on the internet or on the Customer’s web site for any reason (described above). Any web traffic delivered under these conditions will not be credited or refunded.
The Customer understands that traffic counters (“Hits”) do not accurately represent the number of visitors sent to the URL. This is due to the large amounts of traffic sent to the URL in a relatively short timeframe. The Customer also understands that the Company does not guarantee sales or sign-ups (i.e., conversions) and will not issue a refund if none are achieved. The Company does not guarantee sales and will we be held responsible if sales are not generated. The Company will send visitors and generate traffic to the URL. This is the only guarantee for this service.
The Customer acknowledges that the order is for the stated term. The terms and conditions in the Agreement are subject to change at any time after the stated term has ended.
The Customer may not sell, assign, or transfer any of the rights or services accompanying the purchase. The Customer may not, under any circumstances, have any type of pop-up advertising that is associated with the URL for the Campaign unless a package was ordered allowing such pop-ups. The Customer may not change the content of the URL being used in the Campaign in any manner without prior written approval by authorized staff the Company. Any attempt, either by accident or design, undermining the intention of the Agreement or the general principals that it was written for will result in immediate account deletion with no refund or adjustments. In the event that there is a discrepancy between the amount of traffic delivered by the Company and the amount of traffic delivered to the Customer, on their behalf, both parties (Company and Customer) agree to use the report prepared by the Campaign manager application to be the official report. The Customer understands and acknowledges that the Campaign report produced by the Company to be true and accurate, and agrees to hold the Company, as well as all companies and individuals involved, harmless for any unexpected results arising from any advertising Campaign.
Support staff employed by the Company is available by email. The Customer also understands that technical support may not be available at the exact time in which the client initiates contact. The Company responds to all e-mails within 48 hours, excluding weekends. The Customer agrees to the terms and conditions of this agreement and understands that they are legally binding.
The Company shall be permitted to use the Customer’s name in connection with the Company’s marketing materials. Subject to the prior approval of each party, the Company may elect to issue a joint press release announcing the Customer’s marketing partnership with us, which approval shall not be unreasonably withheld. The Company will not promote spam, scam, hate, porn, warez, hacking or any other site and/or offer that could be considered offensive to the most discriminate viewer. Any attempt to bypass the Company’s intended guidelines will result in account cancellation with no refund.
The Company will not deliver general traffic to sites containing content that is not appropriate for viewing by a general audience unless the Customer specifically orders casino or adult traffic. These are targeted niches offered by the Company that may not be appropriate for a general audience. Inappropriate content when delivering traffic iin the Campaing includes, but is not limited to, adult content, hate text, illegal content (in the United States) and content that encourages illegal activities or violence. What constitutes inappropriate content shall be determined at the sole discretion of the Company.
The Company will review your site before beginning the campaign. This is part of the Company’s pre-Campaign process. If the Customer’s website content is changed during the Campaign such that it includes inappropriate content, the Company will stop the campaign immediately and the Customer will not be provided a refund.
The Company cannot be held responsible for factors beyond our control that may interfere with our ability to deliver visitors to the Customer’s URL. Such factors include, but are not limited to, downtime on your server, overuse of your bandwidth quota (if applicable), errors on the Customer’s website, pop-up killers, and/or network outages beyond our servers. Please contact your web hosting company or network provider if you are unsure about whether your hosting account is sufficient for the program you are ordering.
TERMINOLOGY: (1) In the present context, a visit generally occurs when a text file is loaded from your server (this includes HTML files). A hit occurs when a file is loaded from your web server. Since loading a single web page can cause several files to load (e.g. images), several hits usually occur when a page is loaded. Thus, the number of hits is always greater than (or equal to) the number of visits. The term “number of visitors” is interchangeable with the term “number of visits”. Several “visits” may originate from a single IP address or individual. This generally occurs when an individual returns to or reloads a webpage. (2) “Pro-rata” refunds are calculated by dividing the number of visits we delivered by the number of visits you ordered. The result of this calculation is subtracted from 1 and the resulting figure is multiplied by your purchase price to derive the “pro-rata” refund. (3) Targeted campaigns are any campaign that is language, category, or site specific. Non-targeted are not language, category, or site specific.
If any provision of this Agreement is deemed invalid or unenforceable by any jurisdiction or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect.
Websites from other countries, such as Russia .ru, Germany .de, and India .in, must target the country they originate in. Due to high rates of virus infections these countries will be forbidden to market to the United States.
The Company does not accept URLs ending in .co and .cc. Of the 150 orders for these top-level domains placed in 2013, 100% were infections and fraudulent.
The Company will not allow invasive third-party advertisement companies to piggyback on the Company’s network. These include adf.ly and several others. Based Business Traffic will notify you if there is a piggyback problem.
Websites that contain Java pop-ups can only be directed to the Company’s Raw, Run of Network, Worldwide market and will be limited to a 1,000 vistor daily cap. A java pop-up is considered by the general public as an annoyance that prevents a user from leaving the website without clicking in some type of window.
All adult related websites (e.g., adult toys, erotic dating) must use the Company’s mature audience network.
While the Company welcomes sound ads, please note the following: 1) Sound ads must run in a different network and traffic will be drastically slower at times as only 10% of our network sites run sound ads and 2) Ads containing sound may only run in their respective language Geotarget or Worldwide market. For example, a spanish sound ad can only run in predominate Spanish speaking geotargets.
Based Business Traffic will deliver the traffic as promised and will use our own tracking system to determine quantity of traffic that is being sent to the Customer. Under no circumstances will the Company be liable if your website’s raw logs, analytics, or other customer-based tracking system do not match our tracking statistics. Because the traffic is redirected customer-based web statistics may not show all visitors that are redirected. The Company is not responsible for any improper use of our program, information, links, articles, or any other content gathered from our website.
All orders that are placed through Based Business Traffic are subject to the following terms and conditions. By placing an order it is acknowledged that you have read, understood, and agreed with the terms. For Country Targeted Traffic orders: Based Business Traffic utilizes an IP database script that is able to determine a visitor’s country and split traffic into specified country targets. However, we cannot guarantee that the traffic will be 100% targeted for the specific country you requested. This is due to ISP’s use of dynamic IP addresses, proxy and mirroring services, and other network masking situations. You hereby agree that the Company is not responsible if you receive visitors other than requested country target. The Customer acknowledges that by placing an order with Based Business Traffic that they have read, acknowledged, and fully understood ALL paragraphs of the Agreement. All services are conducted are on a first come, first serve basis. The Company will attempt to initiate all services within 72 hours from the purchase time. However, sometimes the large demand for our service forces us to enter orders into a queue, which fills orders as they are received. The Company is not responsible if the Customer’s website URL does not load completely. The Company does not service URLs utilizing frames. The Company is not responsible for conversions or perceived conversions. The Company only guarantees that we will send the amount of visitors as agreed. The Company does NOT guarantee that you will get conversions. The Customer will not be issued a refund if a customer-based tracking system and our statistics do not match or if the Customer did not receive sales, signups, or any other conversions. The Customer is fully responsible for any downtime, bandwidth and loading images on the Customer’s website. The Company reserves the right to terminate any campaign for any reason without prior notice with no refund if we believe the website does not comply with the terms and conditions in the Agreement.