 |
 | Terms of Service |
|
 |
Purplex Pty Ltd (ACN 111 350 317, ABN 74 111 350 317) 2004
- User agreement
ADTOLL™ is owned and operated by Purplex Pty Ltd. The Service of ADTOLL™ contained in this site ("the Service") is provided to you ("User") under these Terms of Service. By creating an account and/or using any aspect of this site, you agree to be bound by the Terms of Service.
The User's right to use the Service is personal to the individual User. The Service is provided to the individual User and is not transferable. The User is entirely responsible to maintain the confidentiality of the User's account and password. Furthermore, the User is totally responsible for all actions and things which occur under the User's account.
The User agrees to provide accurate, complete, and up to date information at the time of the ADTOLL™ account being created. Such information must be updated immediately if any part of that information changes. Purplex Pty Ltd may request proof of identification at any time. If any registration data is incorrect or proof of identification not satisfactorily provided, Purplex Pty Ltd retains the right to terminate the User's account and the right to use the Service. The User indemnifies Purplex Pty Ltd from any damages suffered, incurred or sustained by Purplex Pty Ltd or the User due to the inaccurate provision of any information by the User.
The User agrees that their ADTOLL™ account may be banned for any contravention of the Terms of Service.
- Changes to the Terms of Service
Purplex Pty Ltd reserves the right to modify or revise these Terms of Service and/or Privacy Statement or its other policies at any time at its sole discretion. You are bound by such modification or revision, and should therefore visit this page frequently to review the terms. Your continued use of the site or Service following the posting of any changes or modifications to these Terms of Service and/or Privacy Statement will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of these Terms of Service and/or Privacy Statement, you must not continue to use the site.
- Eligibility
Account registration is open to all Users over the age of 18 years, or supervised by an adult over the age of 18 years, who has the legal capacity to accept these Terms and Conditions.
- Termination of Service
Purplex Pty Ltd reserves the right to modify or terminate its Service to the User for whatever reason with or without notice, which includes, but not limited to updates or changes. Purplex Pty Ltd shall not be liable to the User or any third party upon modification or termination of its Service.
- $20 Free Account Credit Promotion
Only new account registrations are eligible, limited to once per account and once per person. The User agrees that any abuse will result in an account ban.
Purplex Pty Ltd reserves the right to modify or terminate this promotion to the User for whatever reason with or without notice, which includes, but not limited to updates or changes. Purplex Pty Ltd shall not be liable to the User or any third party upon modification or termination of this promotion.
This promotion is currently not offered.
- Publisher Agreement
The Publisher agrees their site does not violate any applicable local, state, national, or international law or regulation.
The Publisher agrees to review Sponsored Ad Bookings within 24 hour's otherwise the Ad will be automatically approved and cannot be denied after such time. If the Ad Booking is denied, the Ad Booking is cancelled and no Ad or Affiliate commission will be paid.
The Publisher agrees that Ad Code for each Ad Group will be kept running until all Sponsored Ad Bookings have expired for that Ad Group.
The Publisher agrees to the release of statistical information on Ad Group performance etc. for use on the site.
The Publisher agrees that an Ad Booking may be modified or cancelled at any time and for any reason by the Account Manager.
The Publisher agrees that in the event a Sponsored Ad Booking is cancelled, Ad and Affiliate commission will not be paid.
The Publisher agrees that in the event a Run of Network Ad Booking is cancelled, Ad commission may be paid to date.
The Publisher agrees that in the event a Run of Network Ad Booking is cancelled, Affiliate commission will not be paid.
The Publisher agrees that their site may be modified, removed or disapproved at any time and for any reason by the Account Manager.
The Publisher agrees that an Ad Group may be modified or removed at any time and for any reason by the Account Manager.
The Publisher agrees not to participate in Click Fraud, Click Spamming, Click Bombing or offer incentives for clicks.
The Publisher agrees that ADTOLL™ make every endeavor to eliminate all fraudulent activity. ADTOLL™ makes no such Warranty of the absence of such activity.
The Publisher agrees to place Ad Groups on content sites, with no graphics or text that provoke user clicks and far enough away from menu systems to prevent accidental clicks.
The Publisher agrees that the use of Default Ads is solely their responsibility. The Publisher must ensure they abide by third party Terms of Service.
The Publisher accepts the determined price when using Autopricing.
The Publisher agrees to co-operate with their Account Manager.
- Advertiser Agreement
The Advertiser agrees not to create any Text, Banner or Video Ad or promote goods and services that violate any applicable local, state, national, or international law or regulation.
The Advertiser agrees that an Ad Booking may be modified or cancelled at any time and for any reason by the Account Manager.
The Advertiser agrees that Run of Network Ad Bookings may be paused at any time and for any reason by the Account Manager.
The Advertiser agrees that Sponsored Ad Bookings are reviewed by the Publisher within 24 hour's of the Ad Booking and may be denied for any reason.
The Advertiser agrees that in the event a Sponsored Ad Booking is cancelled or denied, a full refund will be made into their Account Credit.
The Advertiser agrees that Run of Network Ad Bookings will be reviewed by the Account Manager before Publishing. The Ad Booking may be cancelled and a full refund made into their Account Credit.
The Advertiser agrees that in the event a Run of Network Ad Booking is cancelled, a pro rata refund will be made into their Account Credit.
The Advertiser agrees that in the event a Publisher is banned, a pro rata refund on all Ad Bookings will be made into their Account Credit.
The Advertiser agrees that Rate Cards are an indication of past performance only.
The Advertiser agrees not to participate in Click Fraud, Click Spamming, Click Bombing or offer incentives for clicks.
The Advertiser agrees that ADTOLL™ make every endeavor to eliminate all fraudulent activity. ADTOLL™ makes no such Warranty of the absence of such activity.
The Advertiser agrees that Video Ad FLV files are hosted externally and are used solely at their risk. ADTOLL™ makes no such Warranty of the availability of these external hosting services.
The Advertiser agrees to co-operate with their Account Manager.
- Payments, Account Credit and Pricing
Earnings include approved site Ad earnings and Affiliate earnings.
Payments include Earnings, fees and charges.
A standard Ad commission of 75% of the cost of the Ad Booking will be paid for Sponsored Ads and on a per click basis for Run of Network Ads to the Publisher.
Profit is the cost of the Ad Booking minus Ad commission.
An Affiliate commission of 20% of Adtoll’s Profit will be paid for Ad Bookings made by an Advertiser within 90 days of signup to the referring Publisher.
An Affiliate commission of 10% of Adtoll’s Profit will be paid for Ad Bookings received by a Publisher within 365 days of signup to the referring Publisher.
Run of Network Ad earnings are made in the month clicks were made. Sponsored Ad earnings are made in the month Ad Bookings complete.
Affiliate earnings are made in the month the Ad Bookings complete.
Earnings may be modified at any time and for any reason by the Account Manager.
When a site is approved any previously accumulated Earnings will be carried over to the next Payment.
Payments will be made on the 15th of the month (or the next business day) for the previous month's earnings. Cheque and Wire/Bank Transfers may take longer due to postage and time for funds to clear.
Payments will be made into the nominated account (Cheque, Paypal, ePassporte, Wire/Bank Transfer or Adtoll Account Credit).
Minimum Earnings apply for Cheque ($40), Paypal ($20), ePassporte ($20) and Wire/Bank Transfer ($1000) and will be carried over to the next month in the event these minimums are not met.
Payment fees apply for ePassporte ($2), Cheque ($20) and Wire/Bank Transfer ($30). Fees are included in the balance of the Payment.
Failed Payments due to the incorrect provision of information by the Publisher will delay the payment process. A re-payment will only be made once the initial funds are recovered and all extra charges will be paid for by the Publisher.
Earnings will be carried over to the next month if the Publisher has not provided sufficient Payment Details by the 15th of the month.
Payments will not be made if the User is banned from the Service.
Funds can be deposited into Account Credit via Paypal, ePassporte and e-Bullion (e-Currency) (minimum $20). Payments are usually instant but may be delayed. A fee may be charged for deposits from an ePassporte Personal Account through the ePurchase facility.
Purplex Pty Ltd reserves the right to ban a User account in the event a payment is reversed for any reason to protect the Service and its Users.
Account Credit will not be refunded in the event the User changes their mind or is banned from the Service.
Account Credit is not redeemable for cash nor is transferable.
All prices are quoted in $USD and exclude local tax.
All Australian sales will incur 10% GST.
- User Conduct
The Users conduct is subject to Internet regulations, policies, and procedures. The User will not use the service to send chain letters, junk mail, spamming, or distribution lists to any User, Account Manager or other at any time.
The User agrees not to transmit any unlawful, harassing, abusive, threatening, harmful, objectionable material of any kind or nature. The User further agrees not to transmit any materials that violates any applicable local, state, national, or international law or regulation.
Crimes committed with or against our computers, servers or communication systems will result in an immediate ban and we will co operate with the Australian High Tech Crime Centre (AHTCC) to prosecute you to the fullest extent of the law. Examples include computer intrusions (malicious hacking), unauthorised modification of data, denial-of-service (DoS) attacks or malicious software (viruses, worms, Trojans). These crimes are defined in the Criminal Code Act 1995, sections 477, 478.
- Governing Jurisdiction
These Terms of Service and this website and all ADTOLL™ services are governed by and to be interpreted in accordance with the laws of Western Australia and where applicable the laws of the Commonwealth of Australia and by participating in any service you submit to the jurisdiction of Western Australia.
- Disclaimer
Given the nature of telecommunication systems, particularly the internet, Purplex Pty Ltd does not guarantee that the Service or the site will be free of interruptions, errors or virus free.
Purplex Pty Ltd is not responsible for any loss whatsoever including loss of data or loss of profits or revenue caused by factors which could reasonably be considered to be outside the control of ADTOLL™ or Purplex Pty Ltd or any of its officers', agents' or employees' control, such as faults in third party equipment. Purplex Pty Ltd is likewise not liable for any loss suffered or incurred by the User to the extent that it is caused by the User or any other User.
ADTOLL™ is not a Publisher or an Advertiser. ADTOLL™ merely acts as an online avenue to allow Users to communicate and offer, sell and buy online advertising, at anytime, from anywhere, in a variety of formats. Purplex Pty Ltd does not endorse or guarantee the quality of Advertiser goods and services, Publisher sites or Ad Media.
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS OF SERVICE, WITH PURPLEX PTY LTD 'S PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
- Purplex Pty Ltd obligations and best practice
- Trade Practices Act 1974.
- Security compliance by ScanAlert - Hacker Safe
- How to contact us
If you have any questions in relation the Terms of Service, contact us.
Purplex Pty Ltd Terms of Service June 2007.
|
 | |  |
|
|