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The following Terms and Conditions (“Terms and Conditions”), together with any and all guidelines, previously posted amendments, schedules, attachments and exhibits (collectively, the "Agreement"), set forth the terms and conditions that shall govern the relationship between CPAlead, LLC (“CPAlead”) and you as a member (“You,” “Your,” “Publisher” or “Advertiser”) using the advertising service (the "Service") offered through the CPAlead network (“CPAlead Network”) located at www.CPAlead.com (the “Site”). The CPAlead Network is a non-exclusive, online, performance-based marketing network sponsored by CPAlead. You and CPAlead may also be individually referred to herein as a “Party” and collectively as “Parties.” You agree to use the Site, the Service and any additional products and/or services offered by CPAlead only in accordance with the Agreement. CPAlead reserves the right to amend, supplement, make changes to, or replace entirely the Site, the Service, and the Agreement at any time and without prior notification. The latest Agreement will be posted on the Site. Your continued use of the Site and/or the Service after any such modification thereof shall constitute Your consent to such modification. Therefore, You should regularly check the Site for updates and/or changes. For purposes of the Agreement “Publisher” includes the individual, company or entity and, without limitation, any parent entities, owners, subsidiaries, publishers, predecessor or successor entities, and any agents, officers, directors or employees acting on behalf of same, registering with CPAlead to use the Service.

By registering as a Publisher or Advertiser, using the Service, participating in the CPAlead Network, and/or using the Site, You represent and warrant that you agree to abide by these Terms and Conditions.

If You do not agree to the Terms and Conditions in its entirety, You are not authorized to register as a Publisher or Advertiser, use the Service, participate in the CPAlead Network, and/or use the Site, in any manner or form whatsoever.

1. CPAlead Network.CPAlead solicits customers on behalf of its advertising clients (a "CPAlead Client" or the "CPAlead Clients") through the placement of advertising offers ("Offers") published by members of the Service or their "Sub-Publishers," as defined below. Offers may be, gateways, banners, text links, graphical image files, transactional ads or other electronic promotions of a CPAlead Client's products and/or services that are published by members of the Service. The CPAlead Network enables Publishers to apply for and, upon approval by CPAlead, have an opportunity to earn “Commissions” through participation in various advertising campaigns (“Programs”) offered by CPAlead or CPAlead Clients in accordance with the Agreement. “Commissions” are generated from a specified transaction (“Lead”) as defined by CPAlead. It also allows Advertisers to place ad campaigns within the CPAlead system. Leads include, without limitation, sales, registrations, downloads, and survey and offer completions. CPAlead may, at its sole discretion, change a Program at any time, without prior notice to You, unless otherwise specified. Similarly, You may cease participation in a previously accepted Program at any time, unless otherwise specified. Program data compiled by CPAlead including, but not limited to, numbers and calculations regarding Leads and associated Commissions (“Program Data”), will be directly and/or indirectly calculated by CPAlead through the use of industry standard tracking technology and shall be final and binding on You. Any questions regarding the Program Data must be submitted in writing within fourteen (14) days of initial appearance in the tracking system, otherwise the Program Data will be deemed to be accurate and accepted by You. Publisher/Advertiser understands and agrees that on occasion the Service and/or CPAlead Network may be inaccessible, unavailable or inoperable for any reason, including, but not limited to, the following: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs; or (c) causes beyond the control of CPAlead or which are not reasonably foreseeable by CPAlead including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, the unavailability, operation, or inaccessibility of websites or interfaces, network congestion or other failures. CPAlead will attempt to provide the Service on a continuous basis. However, Publisher acknowledges and agrees that CPAlead has no control over the availability of the Service and CPAlead Network on a continuous or uninterrupted basis. CPAlead's failure to deliver because of technical difficulties does not represent a failure to meet the obligations of the Agreement.

CPAlead may, at its sole discretion, refuse to register You as a Publisher, terminate Your participation in the Service, and/or terminate Your participation in any Program at any time for any reason.

2. Application.You may apply to join the Service by completing the form insertions appearing on the Get Started page of the Site and then clicking the "Next Step" button. By clicking on the "Submit" button below You expressly acknowledge that You have read, accepted and agreed to be bound by these Terms and Conditions, as they may be amended or modified, from time to time.
3. Application Information.All required information fields in the CPAlead membership application must be filled-out completely, accurately, and honestly. Any falsification of personal information will result in the immediate termination of membership and forfeiture of all Commissions up through and including the date of termination.
4. Membership Conditions.As a condition of Your membership, You represent, warrant, and covenant on a continuing and ongoing basis, that Your website: (a) does not violate any state or federal laws or regulations, without limitation, governing: (i) false or deceptive advertising; or (ii) sweepstakes or gambling; (b) does not contain any comparative advertising, trade disparagement or libelous, defamatory or infringing content; and (c) does not contain any machine-readable code that could be unintentionally downloaded onto a recipient's computer (such as a worm, virus, Trojan Horse or other self-executing computer program).
5. Ineligible Websites.Websites that do not feature customer-friendly site navigation or contain acceptable content (including pornographic or hateful content) that CPAlead, in its sole discretion, determines does not meet a reasonably acceptable commercial or aesthetic standard are not eligible for membership. If CPAlead, in the exercise of reasonable discretion, determines Your website to be ineligible, all Commissions, whether earned or unearned, shall be forfeited.
6. Participation and Membership.Your participation and membership in the Service will commence on the date Your application to join the Service is accepted by CPAlead and will continue until terminated by one of the Parties. CPAlead reserves the right to terminate an existing membership at will, in its sole discretion, for any reason/cause, or for no reason/cause at all.
7. Affiliate (Account) Identification Number.Upon submission of your application, You will be issued an affiliate (account) identification number. The aforementioned identification number shall serve as a personal identifier. Your use of the aforementioned identification number and Your login information shall not, under any circumstances whatsoever, be distributed to and/or used by a third-party, including, without limitation, any Sub-Publisher.
8. Special Rules Governing Sub-Publishing.Publisher may desire to use non-member business partners and/or associates to distribute Offers, fulfill the obligations, and/or exercise the rights under a particular Program. For the purposes of this section, any of Publisher's business partners or associates that participate in or perform any activities on behalf of Publisher under the Agreement shall be considered to be a “Sub-Publisher.” CPAlead reserves the right to review and approve or reject any and all Sub-Publishers and may revoke a prior approval of any Sub-Publisher at any time and for any reason. Sub-Publishers must meet the same criteria for approval as the Publisher and must comply with all the terms and conditions that are applicable to Publisher under the Agreement. Each Sub-Publisher must expressly agree to be bound by the obligations and restrictions set forth in the Agreement.
9. Relationship among Publisher, Sub-Publisher(s) and CPAlead.Publisher is responsible for and shall fully and unconditionally indemnify CPAlead for any and all actions of any of its Sub-Publishers, including the payment of legal fees and costs. Each Sub-Publisher shall, for purposes of these Terms and Conditions, be deemed to be an agent of the Publisher and You are responsible in all respects for the activities of Your Sub-Publishers. Any breach by Your Sub-Publishers of the Agreement shall be deemed a breach by You. It is understood and agreed between You and CPAlead that (a) CPAlead is not and shall not be party to any agreement between You and any Sub-Publisher, (b) You are not authorized to make any commitments on behalf of CPAlead to any Sub-Publisher, including but not limited to any payment or other commitment by CPAlead, and (c) no license other than the license set forth in Section 23 may be extended by You to any Sub-Publisher. Additionally CPAlead may, at its sole discretion, terminate a Publisher at any time based on the actions of that Publisher's Sub-Publisher(s). Once express approval of a Sub-Publisher has been granted by CPAlead, notices to the Publisher shall be deemed notice to that Publisher's approved Sub-Publisher(s). Publisher agrees that CPAlead is under no obligation to pay a Sub-Publisher. CPAlead further reserves the right to withhold or refuse payment to any Publisher in the event that any of its Sub-Publishers breach the Agreement.
10. No Third-Party Beneficiary Status.Nothing in CPAlead's permission to engage Sub-Publishers may be construed as extending to any Sub-Publisher the status of third-party beneficiary of any agreement between CPAlead and You, including without limitation these Terms and Conditions.
11. Special Rules and Restrictions Governing Campaigns.By accepting membership in the Service, You agree to refrain from originating, authorizing or participating in any non-consensual campaigns or promotions, whether by e-mail, telephone or otherwise, including but not limited to "spamming." E-mail distribution may only be made to those recipients who have agreed in advance to receive such transmissions from You (i.e., "opted-in"). Where use of e-mail marketing is authorized by CPAlead, the following terms shall also apply. Any and all e-mails supplied by Publisher: (a) shall comply with all applicable federal and state laws including, but not limited to, the CAN-SPAM Act of 2003, as amended (CAN-SPAM) and any and all Federal Trade Commission implementing regulations; (b) must not infringe, misappropriate or otherwise violate any copyright, patent, trademark, trade secret or other similar intellectual property right, or otherwise violate or breach any duty toward, or rights of, any person or entity including, without limitation, rights of privacy and publicity; (c) must not result in any consumer fraud, product liability or breach of contract to which Publisher is a party or cause injury to any third party. Publisher shall cause a valid physical postal address for Publisher (and/or the applicable advertiser) and a functioning unsubscribe link (such unsubscribe link must remain active for at least thirty (30) days after e-mail delivery) to be present and appear, as required by applicable law. CPAlead reserves that right to add such address(es) should Publisher fail to include same, but CPAlead is in no way responsible for including such address(es) where Publisher fails to do so. In addition, CPAlead may make available, at a CPAlead-designated FTP site (“FTP Site”), a suppression list (and associated login information), updated on a regular basis, generated from e-mail Programs transmitted by and/or through the CPAlead Network for Publisher's use in connection with applicable Programs. Publisher shall upload its own list of suppressed e-mail addresses to the FTP Site, if one is provided by CPAlead. If the FTP Site is provided by CPAlead, and no such e-mail addresses are supplied by Publisher, CPAlead may conclude that no such addresses exist. The suppression list and login provided by CPAlead are deemed to be Confidential Information of CPAlead, as defined herein. Suppression lists may not be used by Publisher for any purpose other than to comply with applicable laws regulating the e-mail transmissions. Publisher agrees to process any unsubscribe requests within five (5) days of being posted at the FTP Site.

By accepting membership in the Service, You agree that You shall not: (a) display fewer than 3 lines of terms and conditions text above the fold with 1024 screen resolution and Internet Explorer standard settings (i.e. menu bar, address bar), even if such text is i-framed within an offer or other website; (b) pre-populate any cell phone number input fields, even if an end-user filled out a similar form field on a prior page/step; (c) display price and/or subscription terms at less than 12-point font-size or lower than 125 color contrast; (d) use any scroll-boxes around terms and conditions, including, without limitation, in a 1024 screen resolution with standard Internet Explorer/Firefox settings, i.e. displaying terms and conditions text in a distinct scrolling area (i-frame/frame/auto-resize); (e) engage in any “stacked” marketing practices, e.g., without limitation, multiple ads for premium SMS content back to back with no obvious method to skip ads, and multiple premium SMS pop-up ads appearing when an end user clicks on a link or attempts to close a page; (f) purchase keywords from a search engine service provider that include the trademark, service mark and/or brand name of any Company product and/or any affiliate or CPAlead Client, or any derivative of any such trademark, service mark or brand name; (g) deliberately target customers under 13 years of age (or Florida residents under 18 years of age); and (h) auto spawn of browsers, automatically redirect visitors, use blind text links, misleading links, or forced clicks; (i) make any representations, warranties or other statements concerning CPAlead or any of its products or services on any websites except as expressly authorized herein; (j) create or utilize any websites that copy or resemble the look and feel of any of CPAlead's websites or create the impression that such website is endorsed by CPAlead or a wireless carrier without prior written permission from CPAlead; (k) use, in any way, non-approved websites or web pages, or in such a fashion that may be deceptive to the visitor; (l) drive traffic using any downloadable applications without the prior written approval of CPAlead; (m) pre-populate the “Cell Phone Number” or PIN number field on any sign-up page relating to a CPAlead product or service;

(n) use the term “free,” or any derivative thereof, to directly or indirectly market a CPAlead product or service; (o) alter the size of font or font context (i.e. boldface) of any text associated with an offer for a CPAlead product or service; and (p) imply directly or indirectly that a CPAlead product or service has been endorsed by a third party entity (i.e. a cell phone carrier or celebrity) or use the trademark or brand name of any such third party entity to promote the CPAlead product or service. Any violation of this Section 11 by You or any third-party shall be deemed a material breach of the Agreement by You, and You shall be fully liable to CPAlead for all losses and damages, including, without limitation, legal expenses incurred by CPAlead as a result thereof.

12. Publisher E-Mail Lists.All Publisher e-mails sent under the Agreement shall be delivered to addresses on e-mail lists owned or managed solely by Publisher. Publisher is required and agrees to maintain at all times during the term of the Agreement, and for a period of three years thereafter, maintain complete and accurate subscriber sign-up/registration data for every subscriber to Publisher's e-mail list(s). In the event that CPAlead or a CPAlead Client receives a complaint from any recipient of an Offer transmitted by You, upon our request You will provide us with appropriate records verifying that recipient's consent to receive e-mail transmissions from You. Publisher agrees that, within twenty-four (24) hours of CPAlead's request, it shall provide, at a minimum, the following subscriber sign-up/registration data for any email address that Publisher sends a publisher e-mail to: (a) subscriber e-mail address used to sign-up/register for Publisher's e-mail list; (b) subscriber's IP address; (c) date and time of subscriber's sign-up/registration for Publisher's e-mail list; (d) location of subscriber's sign-up/registration; and (e) Your privacy policy.
13. E-Mail Transmission.You may not use a CPAlead Client's name (including any abbreviation thereof) in the originating e-mail address line or subject line of any e-mail transmission. Your use of Offers in e-mails and/or websites is further restricted and governed by the obligations and restrictions set forth in the Agreement.
14. No Misleading Headers.E-mails may not include falsification of header information, false registrations for e-mail accounts or IP addresses used in connection with e-mail advertisements, and/or retransmissions of an e-mail advertisement for the purpose of concealing its origin. Publisher and/or their e-mail delivery providers are prohibited from relaying or retransmitting e-mails from a computer or computer network that was accessed without authorization.
15. Website Content.Website content, website text, as well as e-mail subject lines may not be false or misleading such that it would likely mislead a reasonable recipient as to the contents or subject matter thereof. You may only use approved website content and website text for which you have documented written approval from CPAlead.
16. Website and E-Mail Advertisements Must Contain Clear Identification.Advertisements and/or solicitations must identify themselves as such, and do so reasonably, prominently, clearly, and conspicuously. For example by stating in the message body "This advertisement is brought to you by (Your Company)." Further, the sender must identify itself as the initiator and sender of the e-mail including company name, e-mail address, and physical address.
17. Effective Method of Opting Out.Senders of commercial e-mails covered by CAN-SPAM must give recipients an effective means of requesting not to receive future e-mail advertisements from You. You must include Your valid physical postal address. This can be Your current street address, a post office box You have registered with the U.S. Postal Service, or a private mailbox You have registered with a commercial mail receiving agency established under Postal Service regulations. Your message must include a clear and conspicuous explanation of how the recipient can opt-out of getting email from You in the future and provide the recipient the ability to send a reply message to You via a functional unsubscribe link that must remain operational for thirty (30) days from the date of the original e-mail transmission. You must craft the notice in a way that is easy for an ordinary person to recognize, read, and understand. You must honor opt-out requests promptly. You cannot charge a fee, require the recipient to give You any personally identifying information beyond an e-mail address, or make the recipient take any step other than sending a reply e-mail or visiting a single page on an Internet website as a condition for honoring an opt-out request.
18. Honoring Opt-Out Requests.You must honor a recipient's opt-out request within ten (10) business days from receipt. Once You have been informed that a recipient no longer desires to receive more messages from You, You cannot sell or transfer their e-mail addresses, even in the form of a mailing list. The only exception is that You may transfer the addresses to a company You have hired to help You comply with CAN-SPAM.
19. No Random or Invalid Generation of E-Mail Addresses.You are responsible for knowing the source of Your traffic. Leads may not be obtained by the use of a program for lead generation and/or “automating” offer satisfaction or lead generation. You must have full opt-in data for all recipients in Your database.
20. Audit of Website Traffic.CPAlead reserves the right to audit any website traffic at any time and for any reason, or no reason at all. Should CPAlead determine, in the exercise of its reasonable business judgment, that You have employed any device to artificially inflate leads: (a) Your membership in the Service and CPAlead Network will be immediately terminated; (b) any unpaid Commissions will be immediately voided; and (c) upon demand, You will return to CPAlead immediately any Commissions attributable to the Leads that had been previously paid.
21. Offers.You may use your login information to access CPAlead Offers. CPAlead Offers, along with associated Commission schedules and restrictions or conditions specific to each Offer may only be used for the purposes described herein. Placement of any Offer shall be at Your sole discretion, provided that, absent our specific written consent, which may be withheld for any reason or no reason at all, no Offer may be published in violation of these Terms and Conditions, as they may be amended or modified, from time to time.
22. Alteration of Offers.You may not add, subtract or in any way alter, edit, or modify any Offer, nor may You make any use whatsoever of any Offer other than for the purposes of, and as contemplated by, this Agreement.
23. Proprietary Rights.Subject to the Agreement and applicable Program terms, CPAlead grants to Publisher a limited, non-exclusive, revocable, non-transferable (except in accordance with Section 9), royalty free, worldwide license to display on, distribute through, and/or download one or more Offers for posting on Your website and/or other approved marketing channels, and any and all associated trademarks, service marks, tradenames and/or copyrighted material (“Intellectual Property Matter”) that CPAlead provides to Publisher through the CPAlead Network for the limited purposes of promoting Programs to end users. Publisher may not remove or alter any copyright or trademark notices. The Intellectual Property Matter and other matters related to, without limitation, the CPAlead Network, Programs, Service, Offers and Site are protected under applicable copyright, trademark and other proprietary rights. The use, copying, redistribution and/or publication by Publisher of any part of, without limitation, the CPAlead Network, Programs, Service, Offers and/or Site, other than as expressly permitted hereunder, are strictly prohibited. Publisher does not acquire any ownership rights to, without limitation, the CPAlead Network, Programs, Service, Offers, and/or Site. The availability of the CPAlead Network, Programs, Service, Offers, and Site does not constitute a waiver of any rights related thereto. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. CPAlead reserves any rights not explicitly granted in the Agreement.
24. Compensation and Payment Terms.You understand and agree to be paid the applicable Commission for each Lead verified by CPAlead approximately thirty (30) days after the last day of a given calendar month, for Commissions realized in that month. Commissions will be payable only for Offers published by You in accordance with specific Program terms, and only after the Commissions have been earned. Commissions will not be "earned" until CPAlead receives payment from the CPAlead Client. It is Your responsibility to advise us immediately of any change in any of the information furnished by You as part of Your application. You agree that payment for Commissions will be owed to You from the applicable CPAlead Client, and that corresponding payments shall be made by CPAlead to You out of the funds actually collected by CPAlead from the applicable CPAlead Client. CPAlead shall have no payment obligation to Publisher where the CPAlead Client has not remitted sufficient payments to cover the Commissions otherwise due and owing Publisher. Instead, Publisher shall have the right to pursue any and all legal remedies directly against any CPAlead Client that has not made funds available to pay sums due and owing to Publisher for Commissions earned in connection with a particular Program. All Publisher accounts will be paid in U.S. dollars. Every Publisher account must have a unique, valid taxpayer identification number, valid Social Security Number or other applicable unique government identification. With the exception of payments in excess of $10,000, all payments due hereunder are exclusive of any applicable taxes, electronic wire transfer fees/costs, electronic funds transfer fees/costs (e.g., PayPal), pre-paid debit card fees/costs (e.g., Payoneer). With the exception of payments in excess of $10,000, Publisher shall be responsible for all of the foregoing applicable taxes, fees, and costs. Publisher will be charged a check cancellation fee of $25, debited to Your account, in the event that cancellation is performed at Your request. A CPAlead Client may request that CPAlead, or CPAlead may, on its own initiative, debit from the Commissions otherwise due and owing Publisher an amount equal to a Commission previously credited to Publisher's account where: (a) a return or cancellation has been made with respect to the applicable product and/or service; (b) there is an instance of a duplicate, fraudulent or incomplete entry or other similar error with respect to a customer order; (c) there are Leads that do not comply fully with the terms of the Agreement, including where the applicable non-complying Lead is not the result of Publisher's action, omission and/or failure to comply with the terms and conditions of the Agreement; (d) there is non-receipt of payment from, or refund of payment to, the customer that entered into the subject Lead; or (e) there is any failure on the part of Publisher to comply with the Agreement and/or the applicable Program terms (collectively referred to as a "Chargeback"). Chargebacks requested by a CPAlead Client in accordance with this Section may be applied up to sixty (60) days after the end of the month in which the applicable Commission was earned ("Chargeback Period"). A CPAlead Client may request that the payment of a Commission be postponed for one (1) payment cycle where: (a) CPAlead Client is verifying a Lead; (b) CPAlead Client has a product return policy that allows the underlying purchaser to return the product during the Chargeback Period; or (c) the applicable Program terms provide for such a postponement. The number or amount of Leads, credits for payments and debits for Chargebacks, as calculated by CPAlead, shall be final and binding on Publisher. Notwithstanding the foregoing, CPAlead may elect to advance to You Commissions prior to those Commissions having been earned. You acknowledge and agree that Your receipt of Commission payments prior to those payments having been earned is conditional and subject to CPAlead's right to demand return of unearned Commissions for any reason or for no reason at all.
25. CPAlead Records.CPAlead maintains records of all traffic passing over the Service. CPAlead's records shall govern all interpretations made under this Agreement, including but not limited to the calculation of Commissions.
26. Minimum Commission Requirement for Regular Payment.CPAlead shall not be obligated to make any payment of Commissions to You unless the aggregate amount of earned Commissions equal or exceed the payment threshold of fifty dollars ($50.00 USD). Any earned but unpaid
    
    

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    Created on Sep 28th 2018 16:54. Viewed 460 times.

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