Terms and Conditions

  1. Conditions

    1. In order to be eligible to become an eXigoMedia Publisher, all websites, affiliated websites and email distribution lists must meet the following criteria:
      1. Be content-based, not simply a list of links or advertisements, nor can the site be centered around making money off of our Advertisers
      2. Be written in English and contain mostly English, Dutch or German language content
      3. Have a top-level domain name
      4. Cannot offer incentives to users to click on ads; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc.
      5. Be fully functional at all levels; no "under construction" sites or sections
      6. Spawning process pop-ups and exit pop-ups are prohibited
      7. It is forbidden to auto-refresh ads on your website!
      8. Working directly with our partners is not allowed, at least not for the first 3 months of ending with eXigoMedia
    2. The content of the websites, affiliated websites and email distribution lists cannot infringe on any personal, intellectual property or copyrights including but not limited to:
      1. Racial, ethnic, political, hate-mongering or otherwise objectionable content
      2. Investment, money-making opportunities or advice not permitted under law
      3. Gratuitous violence or profanity
      4. Material that defames, abuses, or threatens physical harm to others
      5. Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
      6. Software Pirating (e.g., Warez, P2P, Bittorrent, Hotline, etc)
      7. Hacking or Phreaking.
      8. Any illegal activity whatsoever
      9. Any spoofing, redirecting, or trafficking from adult-related websites in an effort to gain traffic.

  2. Termination

    This Agreement shall commence upon Your acceptance and remain in effect until terminated. This Agreement may be terminated by either Party upon three (3) days' notice. This Agreement shall terminate immediately upon the dissolution or insolvency of either Party. eXigoMedia reserves the right, in its sole and absolute discretion, to terminate a Program and remove any advertisements at any time for any reason, upon notice to You. eXigoMedia also reserves the right to terminate Your access to the Site at any time without notice. Termination notice will be provided via e-mail and will be effective immediately. All legitimate moneys due to Publisher will be paid during the next billing cycle, unless specified otherwise by eXigoMedia through email or written notice! If Publisher defrauds the system, then payment is revoked as determined solely by eXigoMedia.

  3. Representations and Warranties.

    • You represent and warrant that: Your Media is in compliance with all applicable laws and does not contain or promote, nor links to another website that contains, libelous, defamatory, abusive, violent, prejudicial, obscene, sexually explicit or illegal content;
    • You agree not to send Unsolicited Commercial Email (i.e., SPAM). You cannot post any specific messages to newsgroups, chat rooms, bulletin boards or any other places unless expressly approved in writing from eXigoMedia. You can post messages which are generic in nature and do not mention any specific client or offer, which are expressly approved in writing from eXigoMedia;
    • You agree not to promote via website or link to websites containing any pornographic, racial, ethnic, political, software pirating (e.g. Warez) or hacking, hate-mongering, or otherwise objectionable content;
    • You agree not to engage in any illegal activity, in accordance with Federal Law, whatsoever, is not allowed;
    • You own or have the legal right to use and distribute all content, copyrighted material, products, and services displayed on Your Media; You agree to not use deceit when marketing Advertiser's offers or presenting these offers to consumers; You have the right, power, and authority to enter into this Agreement and grant the rights specified herein;
    • You will not attempt in any way to alter, modify, eliminate, conceal, or otherwise render inoperable or ineffective the Site tags, source codes, links, pixels, modules or other data provided by or obtained from eXigoMedia that allows eXigoMedia to measure ad performance and provide its service ("Site Data");
    • If instructed to do so by eXigoMedia and/or if this Agreement terminates, You will immediately remove and discontinue the use of any Site Data;
    • You acknowledge that eXigoMedia does not represent, warrant, or make any specific or implied promises as to the successful outcome of any Programs;
    • You agree to display the creative exactly as it appears on the Program and will not alter any creative that has been submitted to the Site;
    • If You are notified that fraudulent activities may be occurring on your Media, and You do not take any actions to stop the fraudulent activities, then You are responsible for all associated costs and legal fees resulting in these fraudulent activities;
    • If any errors or undesirable results occur due to no fault of eXigoMedia, eXigoMedia shall not be responsible for losses and You may not be compensated.

Limitation of Liability; Disclaimer of Warranty.

IN NO EVENT SHALL EXIGOMEDIA BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE, OPERATION OF A PROGRAM, OR YOUR DISPLAY OF ANY PROGRAM CREATIVE ON YOUR MEDIA, INCLUDING BUT NOT LIMITED TO BROKEN IMAGES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF EXIGOMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION, CONTENT AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. YOU USE THE SITE AND RUN PROGRAMS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXIGOMEDIA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, SERVICES, AND CONTENT INCLUDED ON THE SITE AND PROVIDED BY EXIGOMEDIA , INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXIGOMEDIA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE OR PROVIDED BY EXIGOMEDIA IS ACCURATE, COMPLETE OR CURRENT.

Indemnity.

You shall indemnify, defend and hold eXigoMedia harmless from and against any and all claims, allegations, liabilities, costs and expenses (including reasonable attorneys' fees) by third parties arising out of Your: (a) improper use of the Site; (b) improper operation of a Program; or (c) breach or violation of this Agreement. eXigoMedia shall indemnify, defend and hold You harmless from and against any and all claims allegations, liabilities, costs and expenses (including reasonable attorneys' fees) by third parties arising out of any actual infringement of intellectual property rights resulting from Your display of eXigoMedia's advertising creative provided in connection with operating a Program.

Assignment and Jurisdiction

eXigoMedia may assign this Agreement to a subsidiary or business successor. You may not assign this Agreement without the prior written consent of eXigoMedia , which shall not be unreasonably withheld. This Agreement shall be construed and governed by the law of the Netherlands. You expressly consent to the exclusive venue and personal jurisdiction of the state and federal courts located in the Netherlands, Limburg for any actions arising from or relating to this Agreement.

Severability.

If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not effect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.

Force Majeure.

Neither Party shall be liable to the other by reason of failure or delay in the performance of its obligations hereunder on account of Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes, natural disasters, interruption in internet service or any other cause which is beyond the reasonable control of such Party.

Miscellaneous.

This Agreement contains the sole and entire agreement and understanding between the Parties relating to the subject matter herein, and merges all prior discussions, whether through officers, directors, salespersons, employees or consultants. Each Party is an independent contractor and not a partner, joint venturer or employee of the other. All notices shall be sent to the addresses submitted by You when signing up for the service by certified mail, fax, email or courier. eXigoMedia reserves the right to change any conditions of this contract at any time, with or without notice.