Advertising Terms and Conditions
These Bucksme.com Advertising Terms (“Terms”) are entered into by Bucksme.com. (“Bucksme.com”) and the entity executing these Terms or that accepts these Terms electronically (“Advertiser”).
These Terms govern Advertiser’s participation in Bucksme.com’s advertising program and service (i) that are accessible through the account(s) given to Advertiser in connection with these Terms or (ii) that reference or are referenced by these Terms (collectively, “Program”). In consideration of the foregoing, the parties agree as follows:
The Advertiser authorizes Bucksme.com to place Advertiser’s advertising materials (“Ads”) on any content or property (each a “Property”) provided by Bucksme.com within its advertising areas.
Advertiser is solely responsible for all: (i) Creative, (ii) Ad tracking or targeting decisions (e.g., categories) (“Targets”), (iii) Properties to which Creative directs viewers (e.g., landing pages) along with the related URLs and redirects (“Destinations”) and (iv) services and products advertised on Destinations (collectively, “Services”).
The Program is an advertising platform on which the Advertiser authorizes Bucksme.com to use automated tools to format Ads. Bucksme.com may make available to the Advertiser certain optional Program features to assist the Advertiser with the selection and generation of Targets and Creative.
The Advertiser is not required to authorize use of these optional Targeting and Creative features and, as applicable, may opt-in to or opt-out of usage of these features, but if the Advertiser uses these features then the Advertiser will be solely responsible for the Targets and Creative.
Bucksme.com may reject or remove a specific Ad or Target at any time for any or no reason. Bucksme.com may modify or cancel Programs at any time. Some Program features are identified as “Beta,” or as otherwise unsupported or confidential (collectively, “Beta Features”).
The Advertiser may not disclose any information from Beta Features or the terms or existence of any non-public Beta Features.
The Advertiser is solely responsible for its use of the Programs (e.g., access to and use of Program accounts and safeguarding usernames and passwords) (“Use”).
Program Use is subject to applicable Bucksme.com terms which may be updated periodically of which the Advertiser will receive notification.
Some frequently asked questions are answered by the following
Advertiser authorizes Bucksme.com to modify Ads as described in Policies. The Advertiser will not, and will not authorize any third party to, (i) generate automated, fraudulent or otherwise invalid ads, (ii) conceal conversions for Programs where they are required to be disclosed or (iii) use any automated means or form of scraping or data extraction to access, query or otherwise collect Bucksme.com advertising related information from any Property except as expressly permitted by Bucksme.com. Advertiser will direct communications regarding Ads under these Terms only to Bucksme.com.
3 Ad Serving.
(a) Advertiser’s will not provide Ads containing malware, spyware or any other malicious code or knowingly breach or circumvent any Program security measure. (b) Advertiser’s may utilize an Ad server solely for serving or tracking Ads under Programs that permit third party Ad serving and only if the Ad server has been authorized by Bucksme.com to participate in the Program. Bucksme.com will implement Advertiser’s Ad server tags so that they are functional.
4 Ad Cancellation.
Unless a Policy, the Program user interface or an agreement referencing these Terms (an “IO”) provides otherwise, either party may cancel any the Advertiser’s Account at any time but shall be responsible for the subscription charge up until it next scheduled payment cycle – such being each calendar month.
Cancelled Subscriptions will cease immediately upon cancellation and Advertiser remains obligated to pay all charges resulting in the Ad period prior to cancellation. Advertiser’s must effect cancellation of Ads (i) online through Advertiser’s account if the functionality is available, (ii) if this functionality is not available, with notice to Bucksme.com via email to Advertiser’s account representative or (iii) if Advertiser does not have an account representative, with notice to Bucksme.com via email to admin@Bucksme.com.com (collectively, the “Subscription Cancellation Process”).
Advertiser’s will not be relieved of any payment obligations for Creative not submitted or submitted by Advertiser after the due date provided by Bucksme.com. Bucksme.com will not be bound by an Advertiser provided IO.
5 Warranty and Rights.
Advertiser’s warrants that (a) it holds, and hereby grants Bucksme.com the rights in Creative, Destinations and Targets for Bucksme.com, and (b) all information and authorizations provided by Advertiser are complete, correct and current.
Advertiser authorizes Bucksme.com to automate retrieval and analysis of Destinations for the purposes of the Programs. Advertiser warrants that it is authorized to act on behalf of, and has bound to these Terms, third parties, if any, for which Advertiser advertises in connection with these Terms (“Advertiser”).
If for any reason the Advertiser is not bound an Advertiser to these Terms, Advertiser will be liable for performing any obligation that the Advertiser would have if it had been bound to these Terms.
Bucksme.com may, upon request of an Advertiser, share Advertiser-specific information with Advertiser.
If the Advertiser is using a Program on its own behalf to advertise and not on behalf of an Advertiser, for that use Advertiser will be deemed to be both Advertiser and Advertiser.
Any Advertiser found in breach of attempting to manipulate the ‘Category System’; for example creating an advertisement and then selecting all categories, will result in the account being suspended or terminated at Buckme.com’s discretion.
The posting and displaying of bargain ads is free. We do offer other marketing opportunities that require payment, such as the home page top ‘Promoted Bargains’ and the sidebar ads.Such ads and their placement is at the discretion of Bucksme.com.
EACH PARTY ON BEHALF OF ITSELF DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAMS AND BUCKSME.COM PROPERTIES ARE PROVIDED “AS IS” AND AT ADVERTISER’S AND ADVERTISER’S OPTION AND RISK AND BUCKSME.COM MAKE ANY GUARANTEE IN CONNECTION WITH THE PROGRAMS OR PROGRAM RESULTS.
8 Limitation of Liability.
EXCEPT FOR SECTION 9 AND ADVERTISER’S BREACHES OF SECTIONS 3(A) OR THE LAST SENTENCE OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW REGARDLESS OF THE THEORY OR TYPE OF CLAIM: (a) NO PARTY OR ITS AFFILIATES MAY BE HELD LIABLE UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO PERFORMANCE OF THESE TERMS FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY IS AWARE OR SHOULD KNOW THAT SUCH DAMAGES ARE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY; AND (b) OTHER THAN ADVERTISER’S PAYMENT OBLIGATIONS UNDER THESE TERMS, NO PARTY OR ITS AFFILIATES MAY BE HELD LIABLE FOR DAMAGES UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO PERFORMANCE OF THESE TERMS FOR ANY GIVEN EVENT OR SERIES OF CONNECTED EVENTS IN THE AGGREGATE OF MORE THAN THE AMOUNT PAYABLE TO BUCKSME.COM BY ADVERTISER UNDER THE TERMS IN THE THIRTY DAYS BEFORE THE DATE OF THE ACTIVITY FIRST GIVING RISE TO THE CLAIM.
Advertiser will defend, indemnify and hold harmless Bucksme.com, agents, affiliates, and licensors from any third party claim or liability arising out of or related to Targets, Creative, Destinations, Services, Use and breach of these Terms by Advertiser.
Bucksme.com may add to, delete from or modify these Terms at any time without liability. The modified Terms will be posted here.
Advertiser should look at these Terms regularly. The changes to the Terms will not apply retroactively and will become effective 7 days after posting.
However, changes specific to new functionality or changes made for legal reasons will be effective immediately upon notice. Either party may terminate these Terms at any time with notice to the other party, but (i) campaigns not cancelled under Section 4 and new campaigns may be run and reserved and (ii) continued Program Use is, in each case subject to Bucksme.com’s standard terms and conditions for the Program available.
Bucksme.com may suspend Advertiser’s ability to participate in the Programs at any time. In all cases, the running of any Advertiser campaigns after termination is in Bucksme.com’s sole discretion.
(a) ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAMS WILL BE GOVERNED BY LAWS OF THE UNITED KINGDOM AND WILL BE LITIGATED EXCLUSIVELY IN THE UNITED KINGDOM AT A COURT CHOSEN BY BUCKSME.COM; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS. (b) Nothing in these Terms will limit a party’s ability to seek equitable relief. (c) These Terms are the parties’ entire agreement relating to its subject and supersede any prior or contemporaneous agreements on that subject. (d) No party may make any public statement regarding the relationship contemplated by these Terms (except when required by law). (e) All notices of termination or breach must be in writing and addressed to the other party’s Legal Department (or if it is not known if the other party has a Legal Department then to the other party’s primary contact).
The email address for notices being sent to Bucksme.com’s Legal Department is admin@Bucksme.com. All other notices must be in writing and addressed to the other party’s primary contact. Notice will be treated as given on receipt, as verified by written or automated receipt or by electronic log (as applicable).
These notice requirements do not apply to legal service of process, which is instead governed by applicable law. (f) Except for modifications to these Terms by Bucksme.com under Section 10, all amendments must be agreed to by both parties and expressly state that it is amending these Terms.
Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms. If any provision of these Terms is found unenforceable, the balance of the Terms will remain in full force and effect. (g) Neither party may assign any part of these Terms without the written consent of the other party, except to an affiliate but only where (I) the assignee agrees in writing to be bound by these Terms, (II) the assigning party remains liable for obligations under these Terms if the assignee defaults on them, and (III) the assigning party has notified the other party of the assignment.
Any other attempt to transfer or assign is void. (h) Except as expressly listed in Section 9, there are no third-party beneficiaries to these Terms. (i) These Terms do not create any agency, partnership or joint venture among the parties. (j) Sections 1 (last sentence only) and 6 to 1 will survive termination of these Terms. (k) Except for payment obligations, no party or its affiliates is liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.