Terms and Conditions
Effective Date: 21 February 2018
1. BINDING AGREEMENT
2. EARNINGS & DISCLAIMERS
a) Venue. Our Site is a traffic exchange platform where we share the Site’s daily revenue via two direct income streams (Adpack revenue share earnings & Paid-to-click Cash Ads earnings) and three commission-based affiliate programs (Adshare Commissions; Paid-to-click Cash Ads Commissions & Premium Membership Commission). These programs are described in more detail below.
b) Adpack Revenue Share. This feature pays, for up to 55 days, up to 2% per day of value of all adpacks
purchased by member. A member needs to view 20 sites (for 15 secs each on surf ads page) within each
24 hour period in order to earn that 2%. Doing this for 55 days, thus, yields a 10% profit on money spent on adpacks (55 days x 2% per day = 110% return).
c) Paid-to-Click Cash Ads Earnings. These are third party website pages advertised by our Site members who pay money for each view. Then this money is redistributed to both viewer (the member) and her/his sponsor. E.g., if advertiser pays $0.06 for each view then the member viewing that website ad will earn $0.03, which is Paid-to-click Cash Ads earnings, and her/his sponsor will passively earn the same amount, $0.03. The latter is Paid-to-click Cash Ads Commissions.
d) Revenue share Adpack Commissions (aka Adshare Commissions). Every time a member buys adpacks, her/his sponsor will immediately earn 10% of the total purchase amount as soon as the purchase is complete.
e) Paid-to-Click Cash Ads Commissions: See Section 2(c) above.
f) Premium Membership Commission. Any sponsor of a member who subscribes and pays $10 every month for Premium Membership will earn a recurring income of 50% of monthly subscription amount, i.e. $5. However, the sponsor as well needs to be a paid member in order to earn this commission.
g) Neutral Platform. OUR SERVICE IS A NEUTRAL VENUE. We do not endorse any advertiser, product of service that appears on our Site. WE DISCLAIM ALL LIABILITY ARISING OUT OF USERS’ PRODUCTS, SERVICES AND DATA.
h) Third Party Networks. We cannot guarantee the availability or performance of any third party networks used to support the Site. Such third party services may change their operations without notice to us. Therefore, we shall not be liable for any outages, version changes, delivery delays, failures, bugs, or
termination of third party network service. Third party networks have their own terms and conditions of use, and you must comply with any such terms provided by any third party network.
3. INTELLECTUAL PROPERTY
a) Our IP. All Site instructions, designs, registered and unregistered trademarks, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in our Intellectual Property. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.
b) Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our Site to infringe anyone’s intellectual property rights. We will investigate copyright infringement claims if they are reported to us to legal @ traffichuge.com.
4. YOUR OBLIGATIONS
By using this Site, you represent, warrant and agree that:
a) You will only use the Site for legal purposes and you will remain responsible for complying with all laws and regulations applicable to your use of the Site.
b) You will provide a valid payment information when necessary and pay all sums due when due.
c) You will not artificially manipulate views. Views have to come from real people.
d) Your earnings shall be determined based solely on numbers as reported in the Site platform. We reserve the right to not distribute earnings when they are generated by any prohibited and/or fraudulent activity.
e) You will not add websites without their owners’ consent.
f) You will not add websites that contain viruses, malware, illegal or objectionable content.
g) You will receive no refunds unless required by law.
h) You are solely responsible for all activity that occurs under your account.
i) Our Site may contain typographical errors or other inaccuracies.
j) You will not submit unsolicited bulk or commercial messages ("spam") to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
k) You will not test the vulnerability of our Site, circumvent any security or authentication measures, access non-public areas, circumvent storage space limits or resell the Site without our express prior written authorization.
l) We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
m) You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic process to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content.
n) You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that violates another party's IP, rights of privacy or publicity.
5. REMEDIES FOR BREACH OF THESE TERMS
b) Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a) THIS SERVICE IS PROVIDED "AS IS." WE EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SERVICE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SERVICE.
b) WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT OF FEES RECEIVED FROM YOU. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
8. GOVERNING LAW & JURISDICTION
a) Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
b) Relationship of the Parties. You and us are independent contractors to each other. There is no joint venture, partnership or employment relationship.
c) Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
d) Hyperlinks. You may link to our Site, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
10. CONTACT US
Please submit your inquiries to legal @ traffichuge.com