Terms of Service
General terms applicable to all services
Company Name LLC (eBoostExpert) is a company located and registered in United States and is engaged in the business of providing advertising solutions through eBoostExpert.com. eBoostExpert.com is owned and operated by Company Name LLC.
Affiliate desires to participate in the advertising network through eBoostExpert.com.
Advertiser desires to use advertising solutions through eBoostExpert.com.
This Agreement shall govern participation in the Advertising Network (Program) offered by eBoostExpert.com. By participating in the Program, you will be deemed to have agreed to these Terms and Conditions. Both Advertiser and Affiliate must complete and submit a Program application and registration form.
Both Advertiser and Affiliate must comply with the terms and conditions set forth in this Agreement.
Eligibility; Authority
Both Advertiser and Affiliate represents and warrants that they are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law. If Affiliate/Advertiser is a corporate entity, Affiliate/Advertiser represents and warrants that they have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your" or “User” shall refer to such corporate entity. If, after your acceptance of this Agreement, eBoostExpert.com finds that Affiliate/Advertiser does not have the legal authority to bind such corporate entity, Affiliate/Advertiser will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. eBoostExpert.com shall not be liable for any loss or damage resulting from eBoostExpert.com’s reliance on any instruction, notice, document or communication reasonably believed by eBoostExpert.com to be genuine and originating from an authorized representative of Affiliate/Advertiser`s corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, eBoostExpert.com reserves the right (but undertakes no duty) to require additional authentication.
Payment Terms:
No fees applied for all incoming and outgoing transfers for Advertisers and Affiliates.
In order to use the payment functionality of our solution, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through the Dwolla Account are held or transferred by Dwolla’s financial institution partners as described in the Dwolla Terms of Service. You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at .
- Affiliates
Payment will be sent within 3 days from request. Affiliate must log into their account to request payment when they have accumulated the minimum payment amount and choose the bank account where funds should be sent to. The current minimum payment amount is $50.00 USD. If the Affiliate request that payment by made through a third party payment source such as PayPal or a wire transfer, the minimum payment amount will be determined by such third party payment source. Confirmation e-mail will be sent to Affiliate as soon as payment was requested, processed and completed as well as pending and failed statuses. eBoostExpert.com reserves the right to withhold payment from Affiliate if it violates any of the terms and conditions set forth herein.
- Advertisers
Funds are credited to the advertising account within 3 business days after request. Advertiser must choose funding source from confirmed bank accounts. Minimum payment amount is $5000.00 USD. All payments will be made via ACH after Advertiser`s request and confirmation. Confirmation e-mail will be sent to Advertiser as soon as payment was requested, processed and completed as well as pending and failed statuses.
This application allows you to “label” the funds in your balance to create different “buckets” that reflect your goals. Labeled funds cannot be sent or withdrawn until you unlabel them. Any funds that you label will be shown to you as labeled funds, and any unlabeled funds will be shown to you as your “Available Balance”. Available Balance is the amount of funds readily available in your account to send or withdraw and does not include any labeled funds. Your “Total Balance” is the Available Balance plus any labeled funds (e.g. both your unlabeled and labeled funds). You may only send or withdraw funds from your Available Balance. If all of your funds are labeled, then you must unlabel any amount that you wish to send or withdraw. If your Available Balance becomes negative, you will not be able to send or withdraw funds until the Available Balance has been returned to zero or a positive amount. To do so, you must transfer or receive sufficient funds into your account or unlabel sufficient labeled funds.
Participation:
eBoostExpert.com shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Program. The following sites are NOT allowed to participate in our Program:
• Any sites illegal in the United States
• Sites displaying child pornography, bestiality or contain links to such content
• Libelous or defamatory sites
• Sites containing software piracy
• Sites containing, instructing or describing any form of illegal activity including but not limited to bomb building, hacking or phreaking
• Sites with gratuitous displays of violence; obscene or vulgar language; abusive content and/or content which endorses or threatens physical harm
• Sites promoting any type of hate-mongering based on race, politics, ethnicity, religion, gender or sexuality
• Sites that participate in or transmit inappropriate newsgroup postings or unsolicited email
• Sites promoting any type of illegal substance, paraphernalia and/or activity
• Sites with illegal, false or deceptive investment advice and/or money-making opportunities
• Sites with any type of content that the general public has deemed to be improper or inappropriate
• Sites spreading viruses or exploiting web browser vulnerabilities
It is the Affiliate’s sole responsibility to maintain acceptable content as outlined in this Agreement. Any violation of these rules will result in the Affiliate’s immediate removal from the Program, cancellation of your account and your payment will be null and void. eBoostExpert.com shall not be responsible or liable for Affiliate’s advertisement content.
Affiliate may not artificially inflate traffic counts using any device, program or robot. In addition, Affiliate may not misuse eBoostExpert.com’s ad codes to affect Affiliate’s earnings under this Agreement.
Each Affiliate may only hold one account with eBoostExpert.com. Affiliates may have more than one URL in their account, each of which must be submitted for review prior to placing the ad code on each individual site.
Code Placement
eBoostExpert.com ad codes may not be modified from its original format without prior written consent from eBoostExpert.com. Affiliate agrees to use the ad code provided by eBoostExpert.com not more than once per page view. Ad codes may only appear on root URLs that eBoostExpert.com has reviewed and accepted for participation in the Program. Ad codes cannot be placed in email messages.
Data Reporting:
eBoostExpert.com is the sole owner of all website, campaign and aggregate web user data collected by eBoostExpert.com. eBoostExpert.com shall also be responsible for collecting impressions and geographic statistics. Affiliate shall only have access to campaign data that is collected through the use of their inventory.
Fraud and Deception
Affiliate agrees not to artificially inflate traffic counts using any program, script, device or by any other means. eBoostExpert.com will audit every Affiliate’s traffic on a daily basis. If Affiliate produces or commits fraudulent statistics Affiliate will have their account permanently removed from our Program and Affiliate will not be compensated for such fraudulent traffic. Additionally, eBoostExpert.com reserves the right to register any fraudulent activities by Affiliate in a global advertisement network fraud database for usage by other advertisement networks. Excessive page reloading or any other abuse of our system may result in eBoostExpert.com pursuing legal action against Affiliate.
Contact Information:
To insure timely payment, both Affiliate and Advertiser are responsible for maintaining the correct contact and payment information including name, email address and mailing address. This must be done online using the Affiliate’s or Advertiser`s account. Any and all bank/service fees associated with returned or cancelled payments due to any error in the contact or payment information shall be the Affiliate’s/Advertiser`s responsibility and will be deducted from any payment.
Removal from Program:
In order to protect our clients and third parties from any form of fraudulent activity, eBoostExpert.com may, at our discretion, 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 Affiliate for investigation. In the case of non-agreement between eBoostExpert.com and Affiliate regarding fraudulent activity, the decision of eBoostExpert.com shall be the final. Any account that has been cancelled due to fraudulent activities or due to low conversion ratios will not receive payment. In cases where fraud has occurred and payment has been made, eBoostExpert.com may take legal action against the Affiliate in addition to closing the account.
Affiliate in violation of the Terms and Conditions set forth herein will be immediately deactivated. eBoostExpert.com may deactivate Affiliate with no prior notice, although every effort will be made to notify the deactivated Affiliate via the email address provided by the Affiliate.
Upon termination of Affiliate from the Program the Affiliate shall immediately remove all HTML insertion codes and eBoostExpert.com ad codes from any and all web pages where the Affiliate inserted such codes.
Upon termination of Advertiser from the Program the Advertiser`s account balance will be sent to confirmed bank account within in 10 business days automatically or Advertiser could request it manually.
Representations and Warranties:
The Affiliate represents and warrants that it has full power and authority to enter into this Agreement. eBoostExpert.com is not responsible for any content provided by third parties including Advertisers. eBoostExpert.com and its licensors make no warranty of any kind, whether expressed, implied, statutory or otherwise, including without limitation warranties of merchantability and fitness for a particular usage. Affiliate is solely responsible for any legal liabilities arising out of or relating to (i) the content and other material set forth on the Affiliate’s websites and/or (ii) any content or material to which users can link through the Affiliate’s websites other than through advertisement supplied by eBoostExpert.com. Affiliate hereby agrees to indemnify, defend and hold harmless eBoostExpert.com and its officers, directors, agents, affiliates and employees from and against all claims, suit, proceeding, assertion, actions, liabilities, losses, expenses, damages and costs including reasonable attorneys fees that may be incurred by reason of any claim arising from or connected with Affiliate’s content, website, commerce and/or business conducted by Affiliate or Affiliate’s misuse of the services provided herein or Affiliate’s breach of any of its representations and/or warranties provided to its customers or third parties.
Damages:
In no event shall either party be liable for special, indirect, incidental or consequential damages arising from services provided herein.
Under no circumstances shall eBoostExpert.com, its employees, affiliates, or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from Affiliate’s use of or inability to use the services provided herein or Affiliate’s (or Affiliate’s customers or authorized users’) reliance on or use of information, services or merchandise provided on or through the Affiliate’s website or advertisement.
Limitation of liability:
Neither eBoostExpert.com nor its customers will be subject to any liability for (i) any failure to provide reference or access to all or any part of the website due to system failure or other technological failures of eBoostExpert.com or the Internet; and/or (ii) delays in delivery and/or non-delivery of advertisement, difficulties with a customer or advertisement; difficulties with a third-party server; electronic malfunction and/or errors in content or omissions in any advertisement.
Audit:
eBoostExpert.com shall have the sole responsibility for the calculation of Affiliate’s earnings.
Modifications:
eBoostExpert.com reserves the right to change any of the terms and conditions herein at any time and such changes or modifications shall be effective immediately upon notification by eBoostExpert.com to Affiliate/Advertiser via email advising of such change or modification. Both Affiliate or Advertiser are responsible for complying with any changes to the terms and conditions within 10 days of the date of change.
Publicity and Trademarks:
Affiliate hereby permits eBoostExpert.com to identify Affiliate as a customer of eBoostExpert.com and to display Affiliate’s logo in connection with identifying Affiliate as a customer of eBoostExpert.com. Affiliate shall not release any information regarding any campaigns and/or relationship with eBoostExpert.com or its customers in any press release, promotional materials or merchandising materials without the prior written consent of eBoostExpert.com. No press release or general public announcements shall be made without the mutual agreement of eBoostExpert.com and Affiliate or Advertiser.
Confidential Information:
All written information labeled as proprietary or confidential that is disclosed by either party to the other party shall remain the sole property of the disclosing party. Each party agrees that it shall not disclose, use, modify, copy, reproduce or otherwise divulge such confidential information other than to fulfill its obligations under the Agreement. The prohibitions contained in this section shall not apply to information (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party. Neither party shall disclose to third parties, other than its agents and representatives on a need-to-know basis, the terms of the Agreement without the prior written consent of the other party, except either party shall be entitled to disclose (i) such terms to the extent required by law; and (ii) the existence of the Agreement.
Dispute Resolution:
In the case of any disputes under this Agreement, the parties shall first attempt in good faith to resolve their dispute informally, or by means of commercial mediation, without the necessity of a formal proceeding.
Miscellaneous terms:
Affiliate may not, without the prior written consent of eBoostExpert.com, assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a breach of this Agreement and shall be void. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies to any other person or entity.
The Agreement shall be interpreted according to the laws of the United States without regard to or application of conflict-of-law rules or principles.
This Agreement shall constitute the entire agreement between eBoostExpert.com and Affiliate/Advertiser with respect to the subject matter hereof and all prior agreements, representations, and statements with respect to such subject matter are superseded hereby.
No failure of either party to exercise or enforce any rights under the Agreement shall act as a waiver of subsequent breaches.
In the event any provision of the Agreement is for any reason held invalid, illegal or unenforceable, the parties will begin negotiations for a replacement provision and the remaining provisions of the Agreement will be unimpaired. The Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting the Agreement in construing or interpreting the provisions hereof. Except as provided herein, the rights and remedies of the parties set forth in the Agreement are not exclusive and are in addition to any other rights and remedies available to it at law in equity. The Agreement shall be binding upon and shall insure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs and assigns. Each party shall comply with all applicable laws, regulations and ordinances relating to their performance hereunder.
Headings:
Headings used herein are for the convenience of the reader, and shall not be deemed to limit or enlarge the substantive provisions hereof.