User agreement

ADTOLL™ is owned and operated by ADTOLL.COM LLC. 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 events 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. ADTOLL.COM LLC may request proof of identification at any time. If any registration data is incorrect or proof of identification not satisfactorily provided, ADTOLL.COM LLC retains the right to terminate the User's account and the right to use the Service. The User indemnifies ADTOLL.COM LLC from any damages suffered, incurred or sustained by ADTOLL.COM LLC 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

ADTOLL.COM LLC 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

ADTOLL.COM LLC reserves the right to modify or terminate its Service to the User for whatever and no reason with or without notice, which includes, but not limited to updates or changes. ADTOLL.COM LLC shall not be liable to the User or any third party upon modification or termination of its Service.

Publisher Agreement

The Publisher agrees that 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 hours; 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 details and performance 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, all Ad commissions may be reversed.

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™ can make every endeavor to eliminate all fraudulent activity. ADTOLL™ makes no such Warranty of the absence of such activity.

The Publisher agrees not to use graphics or text that provoke user clicks and to place Ad Groups on content sites 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 is solely responsible for the content of its Ads.

Advertiser warrants and represents that: (a) it has all right, title and interest in and to the Ads; (b) the use of the Ads by AdToll.com LLC and its Publishers as contemplated and authorized hereunder will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; and (c) all Ads are in compliance with all laws, regulations and ordinances ("Laws") of the United States and any other jurisdiction in which Advertiser conducts its business.

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 hours 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™ can 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. The Advertiser agrees to defend, indemnify and hold harmless ADTOLL.COM LLC and their its directors, officers, employees and agents from and against any and all damages, liabilities, costs and expenses (including reasonable attorneys’ fees) (collectively “Losses”) incurred as a result of any claim, judgment or proceeding relating to or arising out of: (a) Advertiser’s breach of the Service; (b) the content of the Ads and any and all claims made therein; or (c) the products, services or content linked to from the Ads.

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. Check and Wire/Bank Transfers may take longer due to postage and time for funds to clear.

Payments will be made into the nominated account via Check, Paypal, ePassporte, Wire/Bank Transfer or ADTOLL Account Credit, as per User’s selection.

Minimum Earnings apply for Check ($40), Paypal ($20), ePassporte ($20) and Wire/Bank Transfer ($1,000) and will be carried over to the next month in the event these minimums are not met.

Payment fees apply for ePassporte ($2), Check ($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 and ePassporte. Payments are usually instant but may be delayed. A fee may be charged for deposits from an ePassporte Personal Account through the ePurchase facility.

ADTOLL.COM LLC 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 taxes, which are the responsibility of the User.

User Conduct

The User’s 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 appropriate authorities to prosecute you to the fullest extent of the law. Examples include computer intrusions (malicious hacking), unauthorized modification of data, denial-of-service (DoS) attacks or malicious software (viruses, worms, Trojans). User shall comply with all applicable US 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.

Governing Jurisdiction

You agree that these Terms of Service and this website and all ADTOLL™ services (i) shall be governed by and construed in accordance with the internal substantive laws of the State of New York, USA, without giving effect to its principles of conflicts of law; and (ii) constitute the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties concerning the subject matter hereof. Publisher submits to jurisdiction and venue in the state and federal courts located in the State of New York.

Disclaimer

THE ADTOLL™ NETWORK, SERVICES AND THE RESULTS GENERATED THEREFROM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND WITHOUT ANY GUARANTEE OF CONTINUOUS OR UNINTERRUPTED DISPLAY OR DISTRIBUTION OF ANY AD. IN THE EVENT OF INTERRUPTION OF DISPLAY OR DISTRIBUTION OF ANY AD, ADTOLL™ SOLE OBLIGATION WILL BE TO RESTORE SERVICE AS SOON AS PRACTICABLE. EXCEPT AS STATED HEREIN, ADTOLL™ DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Given the nature of telecommunication systems, particularly the internet, ADTOLL.COM LLC does not guarantee that the Service or the site will be free of interruptions, errors or virus free. Other than for gross negligence and willful misconduct, in no event will ADTOLL.COM LLC be liable for any consequential, indirect, incidental, punitive, special or exemplary damages whatsoever including, without limitation, damages for loss of profits, business interruption, loss of information and the like, incurred by the other party arising out of the Service, even if it has been advised of the possibility of such damages. ADTOLL.COM LLC 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. ADTOLL.COM LLC 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 ADTOLL.COM LLC 'S PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

How to contact us

If you have any questions in relation the Terms of Service, contact us.