Terms of Service

ALL PUBLISHERS MUST COMPLY COMPLETELY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BILLBOARD RESERVES THE RIGHT TO WITHHOLD PAYMENT FROM ANY PUBLISHER THAT VIOLATES ANY OF OUR TERMS AND CONDITIONS.

This Agreement shall govern participation in the Billboard program ("Billbord"). By participating in the Program, you are agreeing to be bound by these Terms of Service. The term 'Affiliate' shall refer to any individual or entity who accepts the terms of this Agreement by installing the Billboard application. The Program is offered to you by Billboard.


PAYMENT POLICY:
 

Affiliate will be paid via Paypal or Google Checkout in US dollars ($US), sixty business days (60) after the end of the previous month of activity. Affiliates will be paid at the account level. No payments will be issued for any amount less than $25.00 US. 

All unpaid earnings will carry over to the next pay period. All payments are based on actuals as defined, accounted and audited by Billboard. Billboard, reserves the absolute right not to pay any accounts or Affiliates that violate any of the terms of service set forth herein.
 
Participation:

Billboard shall have absolute discretion as to whether or not it accepts a particular applicant or Facebook profiles ("sites") for participation in the Billboard Network.

1. The following are examples (including but not limited to) of the type of sites that are not allowed to participate in our network:
 

• Sites displaying pornography, adult content or graphics, sexual or erotic material or sites that contain links to such content
   
• Libelous or defamatory sites
   
• Sites containing or linking to software piracy
   
• Software trading (warez) sites
   
• Sites containing or linking to any form of illegal activity (i.e., how to build a bomb, hacking, 'phreaking', etc.)
   
• Sites with gratuitous displays of violence, obscene or vulgar language, and abusive content or content which endorses or threatens physical harm
   
• Sites promoting any type of hate-mongering (i.e., racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.)
   
• Sites promoting any type of illegal substance or paraphernalia or activity sites with illegal, false or deceptive investment advice and money-making opportunities
   
• Sites with any type of content reasonable public consensus deems to be improper or inappropriate
   

It is the Affiliate's sole responsibility to maintain acceptable content, as outlined in the eligibility requirements, after their acceptance to Billboard. Any violation of these rules will result in immediate removal from the network. Your account will be cancelled and your payment will be null and void.

1. Affiliates may not artificially inflate traffic counts using (including but not limited to) a device, program or robot..

2. Each Affiliate may only hold one account with Billboard. Each site may only hold one account with Billboard.

Data Reporting (Stats): Billboard data is compiled by Commission Junction. The Affiliate entrusts Billboard with accurately and fairly crediting accounts with the correct data. Affiliate only has access to campaign data that is relevant to their account.


Fraud and Deception: Affiliates agree to not artificially inflate traffic counts using a program (including scripts), device, or other means.  Billboard audits every Affiliate's traffic on a daily basis. Affiliates that produce commit fraudulent activities, including but not limit to false impressions, will have their account permanently removed from our network and will not be compensated for fraudulent traffic. Additionally, Billboard reserves the right to register fraudulent Affiliates in a global ad network fraud database, for usage by other ad networks.  Excessive page reloading or any other abuse of our system could result in legal action.
 

Contact Information: To insure timely payment, Affiliates are responsible for maintaining the correct contact and payment information associated with their account. This must be done online using the Affiliate's account. Any and all bank/service fees associated with returned or cancelled payments due to any error in the Affiliate contact or payment information are Affiliate's responsibility, and will be deducted from re-payment.

Removal From Network:

In order to protect our clients from any form of fraudulent actions, we reserve the right to terminate any account that we believe violates one of our rules or that has very low conversion ratios. We reserve the right to request server logs from Affiliates for investigation. In the case of non-agreement between Billboard and Affiliates the decision of Billboard stands as the final decision. Any account that has been cancelled due to fraudulent activities or due to the low conversion ratios will not receive payment. In cases where fraud has occurred and payment has already been made, we may, in addition to closing the account, take legal action against the Affiliate.
Affiliates in violation of Billboard's Terms and Conditions will be immediately deactivated. Billboard may deactivate Affiliates with no prior notification, though every effort will be made to notify the deactivated Affiliate via the e-mail address provided by the Affiliate.

Upon termination of a Affiliate from the Billboard program, for any reason and by either party, the Affiliate shall immediately remove all HTML insertion codes from all pages where the Affiliate had inserted such codes.


GENERAL:

Representations and Warranties: The Program represents and warrants that it has full power and authority to enter into this Agreement. The program is not responsible for any content provided by third parties (including Advertisers). The program and its licensors make no other warranty of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use, and non-infringement. Affiliate is solely responsible for any legal liability arising out of or relating to (i) the content and other material set forth on the Affiliate Websites and/or (ii) any content or material to which users can link through the Affiliate Websites (other than through an advertisement supplied by Billboard). Affiliate hereby agrees to indemnify, defend and hold harmless Billboard and its officers, directors, agents, affiliates and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys' fees) that may at any time be incurred by any of them by reason of any claims.

Independent Contractor:: The relationship of the parties is and at all times shall remain one of independent contractors. Neither party is in any way a partner, joint venturer, affiliate, agent or representative of the other for any purpose whatsoever, nor has the legal right or authority to make any representation, warranty, promise, guaranty or agreement in the name of or for the account of the other under this Agreement, except as otherwise expressly authorized by a party under this Agreement.

Damages: In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of data, loss of use, or loss of profits arising thereunder or from the provision of services.

Limitation of Liability: Neither Billboard nor its Customers will be subject to any liability whatsoever for (a) any failure to provide reference or access to all or any part of the Website due to systems failures or other technological failures of Billboard or of the Internet; (b) delays in delivery and/or non-delivery of Creative, including, without limitation, difficulties with a Customer or Creative, difficulties with a third-party server, or electronic malfunction; and (c) errors in content or omissions in any Creative.

Public Release: Affiliate shall not release any information regarding Campaigns, Creative, or Affiliates relationship with Billboard or its customers, including, without limitation, in press releases or promotional or merchandising materials, without the prior written consent of Billboard. Billboard shall have the right to reference and refer to its work for, and relationship with, Affiliate for marketing and promotional purposes. No press releases or general public announcements shall be made without the mutual consent of Billboard and Affiliate.

Audit: Billboard shall have the sole responsibility for calculation of Affiliate earnings, including Impressions and geographic statistics.

Multiple Accounts: Billboard publishers are absolutely not allowed to have more than one account. Publishers that are discovered having more than one account maybe suspended without pay.

Privacy and Opt-out: Affiliate shall support Billboard's commitment to protect the privacy of the online community; such commitment is set forth in Billboard's Privacy Statement, which is hereby incorporated into this Agreement.
 
Modifications: The Program reserves the right to change any of these terms and conditions at any time without notice. You are responsible for complying with complying with any changes to the terms and conditions within 10 days of the date of change.

Minimum Age Requirements: No person under the age of 18 is allowed to participate in our program unless written permission from a parent or legal guardian, notarizeed, signed and dated, is faxed to 1-514-312-3695

Case of dispute: Affiliates agree to settle any/all dispute(s) under this agreement via binding arbitration in Montreal, Quebec.

Attorneys' Fees: If any action in law or in equity is necessary to enforce this Agreement, the prevailing party will be entitled to reasonable attorneys fees and costs and expenses in addition to any other relief to which such party may be entitled.

CANCELLATION: The Advertiser and the Publisher may stop the campaign at any time with a twenty-four (24) hours written notice. For the termination of the campaign, Advertiser is responsible to pay for all impressions that were served by Billboard, and Billboard shall issue refund for all impressions that have not been delivered.