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Reward Hits Terms of Service
The following terms and conditions (this 'Agreement') is a legal agreement
between RewardHits.com / TeknoRhino Concept Group, LLC. ('Company') and you
('You' or 'Your'), the user of the RewardHits.co website (the 'Site'). You
and Company may also be individually referred to herein as a 'Party' and
collectively as 'Parties'. You agree to use the Site and any additional
services offered by Company in the future only in accordance with this
Agreement. Company reserves the
right to make changes to the Site and the terms and conditions of
this Agreement at any time. Your continued use of the Site after any such
modification and notification thereof shall constitute Your consent to such
modification. It is fully understood that by being a member of the site, you
have fully read and fully understood your relationship with Company.
1. Background and Use of the Site.
The Site allows Company to post offers of
advertising programs sponsored by Company or its affiliates on the
system ('Program(s)'). Members will earn Hit Cash points (HC) for bringing
users to the site and HC can be converted to US dollar. The rate of the
conversation is based on total HC generated by members divided by 30% of the
total US dollar advertising dollar earned. 50% of the total company
advertsing revenue goes to support server and running of the website. 20%
goes to staff salary and compensations. Company may change a Program and
terms at any time unless otherwise specified upon reasonable notice to You.
Similarly, You may drop previously accepted Programs at any time unless
otherwise specified. Company is responsible for displaying and
administrating all active Programs and tracking the payments owed. Company
shall compile, calculate and electronically deliver data required to
determine Your billing and compensation. Company's figures and calculations
shall be final and binding. Any questions regarding the data provided by
Company need to be submitted in writing within 14 days of receipt, otherwise
the information will be deemed accurate and accepted as such by you. Top of
page.
2. License.
All websites, newsletters, companies, or individuals need official approval
from Company before they can become an
Affiliate Partner ('Affiliate'). Only websites, affiliated websites
and email distribution lists that have been reviewed and approved are
permitted to use the Site. Company reserves the right to withhold or refuse
approval for any reason, whatsoever.
A. In order to be eligible to become a Company Affiliate, all websites,
affiliated websites
and email distribution lists must meet the following criteria:
- Be written in
English and contain only English language
content.
- Spawning process pop-ups and exit pop-ups are prohibited.
B. The content of the websites,
affiliated websites and email distribution lists cannot infringe on any
personal, intellectual property or copyrights including but not limited to:
- Racial, ethnic, political, hate-mongering or otherwise objectionable
content.
- Investment, money-making opportunities or advice not permitted under law.
- Gratuitous violence or profanity.
- Material that defames, abuses, or threatens physical harm to others.
- Promotion of illegal substances or activities such as illegal online
gambling, how to build a bomb, counterfeiting money, etc.
- Software Pirating (e.g., Warez, Hotline).
- Hacking or Phreaking.
- Any illegal activity whatsoever.
- Any spoofing, redirecting, or trafficking from adult-related websites in
an effort to gain traffic.
Company grants You a non-transferable, non-exclusive limited license, if
approved, to use the Site and any data, reports,
information or analyses arising out of such use, subject to the terms
and conditions set forth herein. You acknowledge and agree that You do not
have, nor will claim any right, title or interest in the Site software,
applications, data, methods of doing business or any elements thereof. You
may only access the Site via web browser, email or in a manner approved by
Company. Site integration tags must NOT be altered. Altering tags may
jeopardize Your ability to be paid for Events. Top of page.
3. Fraud.
Company actively monitors traffic for Fraud. If we detect fraud, your
account will be made inactive pending further investigation.
If you fraudulently add leads or clicks or inflate leads or clicks by
fraudulent traffic generation (as determined solely by Company, such as pre-
population of forms or mechanisms not approved by Company), you will forfeit
your entire commission for all programs and your account will be terminated.
Company reserves sole judgment in determining fraud, and you agree to this
clause.
It is the OBLIGATION of the Affiliate to prove to Company that they are NOT
committing fraud. Company will hold your payment in 'Pending Status' until
you have satisfactorily provided evidence that you are not defrauding the
system. We flag accounts that:
- Have click-through rates that are much higher than industry averages and
where solid justification is not evident.
- Have ONLY click programs
generating clicks with no indication by site traffic that it can sustain the
clicks reported.
- Have shown fraudulent leads as determined by our clients.
- Use fake redirects, automated
software, and/or fraud to generate clicks or leads from our programs.
4. Payment.
You will be paid per at the rate determined at the time of exit. Parties
understand and agree that payment will be owed to Publisher from Advertiser
on terms of NET 15 EOM. All accounts will be paid in US dollars. No checks
will be issued for any amounts less than $50 US Dollars and $25 for Paypal.
Every Publisher account must have a unique, valid taxpayer identification
number (TIN) or valid Social Security number. All payments are based on
actual figures as defined, accounted and audited by Advertiser. Company will
facilitate payment by disbursing the earned portion of lump sum aggregate
payments to individual Publishers upon receipt of payment from Advertiser.
You must filled out W9 form if you are in the United States or your will
have to fill out a W8 form if you are not in the United States.
In the event Company fails to receive payment due form Advertiser it shall
have no payment obligation to Publisher. If Advertiser does not pay on time,
Company will notify Publisher and offer its best efforts in matters related
to collections. Company will not pay for any Events that occur before a
Program is initiated, or after a Program terminates. Invoices submitted to
Company and payments made to You shall be based on the Events and
corresponding Bounties as reported by Company. Company will not be
responsible to compensate You for Events that are not recorded due to Your
error. Top of page.
5. Termination.
This Agreement shall commence upon Your acceptance and remain in effect
until terminated. This Agreement may be terminated by either Party upon
three (3) days' notice. This Agreement shall terminate immediately upon the
dissolution or insolvency of either Party. Company reserves the right, in
its sole and absolute discretion, to terminate a Program and remove any
advertisements at any time for any reason, upon notice to You. Company also
reserves the right to terminate Your access to the Site at any time without
notice.
Termination notice will be provided via e-mail and will be effective
immediately. All legitimate moneys due to Affiliate will be paid during the
next billing cycle. If Affiliate defrauds the system, then payment is
revoked as determined solely by Company.
The representations, warranties and obligations contained in paragraphs 5,
6, 7, 8, 9 and 10 shall remain in full force and effect after termination of
this Agreement. All payment obligations accruing prior to the termination
date shall survive until fully performed. Top of page.
6. Representations and Warranties.
* You represent and warrant that: Your Media is in compliance with all
applicable laws and does not contain or promote, nor links to another
website that contains, libelous, defamatory, abusive, violent, prejudicial,
obscene, sexually explicit or illegal content;
* You agree not to send Unsolicited Commercial Email (i.e., SPAM). You
cannot post any specific messages to newsgroups, chat rooms, bulletin boards
or any other places unless expressly approved in writing from Company. You
can post messages which are generic in nature and do not mention any
specific client or offer, which are expressly approved in writing from
Company;
* You agree not to promote via website or link to websites containing any
pornographic, racial, ethnic, political, software pirating (e.g. Warez) or
hacking, hate-mongering, or otherwise objectionable content;
* You agree not to engage in any illegal activity, in accordance with
Federal Law, whatsoever, is not allowed;
* You own or have the legal right to use and distribute all content,
copyrighted material, products, and services displayed on Your Media; You
agree to not use deceit when marketing Advertiser’s offers or presenting
these offers to consumers; You have the right, power, and authority to enter
into this Agreement and grant the rights specified herein;
* You will not attempt in any way to alter, modify, eliminate, conceal, or
otherwise render inoperable or ineffective the Site tags, source codes,
links, pixels, modules or other data provided by or obtained from Company
that allows Company to measure ad performance and provide its service ('Site
Data');
* If instructed to do so by Company and/or if this Agreement terminates, You
will immediately remove and discontinue the use of any Site Data;
* You acknowledge that Company does not represent, warrant, or make any
specific or implied promises as to the successful outcome of any Programs;
* You agree to display the creative exactly as it appears on the Program and
will not alter any creative that has been submitted to the Site;
* If You are notified that fraudulent activities may be occurring on your
Media, and You do not take any actions to stop the fraudulent activities,
then You are responsible for all associated costs and legal fees resulting
in these fraudulent activities;
* If any errors or undesirable results occur due to no fault of Company,
Company shall not be responsible for losses and You may not be compensated.
Top of page.
7. Customer Information; Non-Disclosure.
All information submitted by end-user customers pursuant to a Program is
proprietary to and owned by Company or its affiliates. Such customer
information is confidential and may not be disclosed by Company. In
addition, You acknowledge that all non-public information, data and reports
received from Company hereunder or as part of the services hereunder is
proprietary to and owned by Company. All proprietary information is
protected by copyright, trademark and other intellectual property law. You
agree not to reproduce, disseminate, sell, distribute or commercially
exploit any proprietary information in any manner. These non-disclosure
obligations shall survive the termination of this Agreement.
Top of page.
8. Limitation of Liability; Disclaimer of Warranty.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
YOUR USE OF THE SITE, OPERATION OF A PROGRAM, OR YOUR DISPLAY OF ANY PROGRAM
CREATIVE ON YOUR MEDIA, INCLUDING BUT NOT LIMITED TO BROKEN IMAGES, SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE INFORMATION, CONTENT AND SERVICES ON THE SITE ARE PROVIDED ON AN 'AS IS'
BASIS WITH NO WARRANTY. YOU USE THE SITE AND RUN PROGRAMS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT
TO THE OPERATION OF THE SITE, THE INFORMATION, SERVICES, AND CONTENT
INCLUDED ON THE SITE AND PROVIDED BY COMPANY, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE OR
PROVIDED BY COMPANY IS ACCURATE, COMPLETE OR CURRENT. Top of page.
9. Indemnity.
You shall indemnify, defend and hold Company harmless from and against any
and all claims, allegations, liabilities, costs and expenses (including
reasonable attorneys' fees) by third parties arising out of Your: (a)
improper use of the Site; (b) improper operation of a Program; or (c) breach
or violation of this Agreement. Company shall indemnify, defend and hold You
harmless from and against any and all claims allegations, liabilities, costs
and expenses (including reasonable attorneys' fees) by third parties arising
out of any actual infringement of intellectual property rights resulting
from Your display of Company’s advertising creative provided in connection
with operating a Program.
Top of page.
10. Assignment and Jurisdiction.
Company may assign this Agreement to a subsidiary or business successor. You
may not assign this Agreement without the prior written consent of Company,
which shall not be unreasonably withheld. This Agreement shall be construed
and governed by the law of the state of New York. You expressly consent to
the exclusive venue and personal jurisdiction of the state and federal
courts located in New York County, New York for any actions arising from or
relating to this Agreement. Top of page.
11. Severability.
If any provision of this Agreement is held to be invalid, illegal or
unenforceable for any reason, such invalidity, illegality or
unenforceability shall not effect any other provisions of this Agreement,
and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had not been contained herein. Top of page.
12. Force Majeure.
Neither Party shall be liable to the other by reason of failure or delay in
the performance of its obligations hereunder on account of Acts of God,
fires, storms, war, governmental action, labor conditions, earthquakes,
natural disasters, interruption in internet service or any other cause which
is beyond the reasonable control of such Party. Top of page.
13. Attorneys' Fees.
Company shall be entitled to an award of its reasonable costs and expenses,
including attorneys' fees, in any action or proceeding arising out of this
Agreement. Top of page.
14. Miscellaneous.
This Agreement contains the sole and entire agreement and understanding
between the Parties relating to the subject matter herein, and merges all
prior discussions, whether through officers, directors, salespersons,
employees or consultants. Each Party is an independent contractor and not a
partner, joint venturer or employee of the other. All notices shall be sent
to the addresses submitted by You when signing up for the service by
certified mail, fax, email or courier.
Company reserves the right to change any conditions of this contract at any
time, with or without notice. Top of page.
It is fully understood that by being a member of the site,
you have fully read and fully understood your relationship with Company.
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