I want to receive email with every transaction.
I want to receive email with the latest offers from the merchants at Lidango.
Lidango.com
General Business
Terms and Conditions for Publishers
Effective from: 2008-12-03
MBM ltd. (hereinafter “Lidango”)
operates and manages an online network enabling providers to advertise
their products and services, through affiliate marketing (Lidango affiliate
program). The participants in the Lidango network are advertisers, publishers/affiliates
and Lidango.com. The advertisers advertise their products and services
using advertising media such as text links, banners, emails, content,
product data and more. The Publishers distribute the advertisers’
media into their website, homepage, other approved advertising space.
For any successful transactions, Lidango shall pay to the publisher
in previously agreed upon commissions.
This
agreement may be amended from time to time in MBM ltd. Discretion and
pursuant to applicable law. Amended versions of this agreement will
be effective upon posting at www.lidango.com.
Service: Lidango
hereby grants publisher the limited right to make Lidango’s offers
and creatives available for publication and otherwise use such materials
to generate leads, accordance with the terms and conditions set forth
in this Agreement and any additional terms of a particular offer as
specified by a Lidango Advertiser. Lidango authorizes publishers to
distribute Lidango offers to sub-publishers provided that publisher
shall ensure and require that all sub-publishers comply with the material
terms of this agreement and further provided that such sub-publisher
has represented to publisher that: (i) the content of its site(s) are
not libelous, defamatory, infringing, pornographic, or offensive to
the general public, (ii) all right, title and interest in the offer
is exclusively owned by Lidango and that sub -publisher has no right
other then the limited right to display the offer and creative as sublicensed
by publisher, and (iii) such sub-publisher will not modify or alter
the offer or creative in any manner other than as directed by Lidango.
Term and Termination:
Either party of this contract may terminate this agreement on 4 business
days’ advance notice to the other party. In the event either party
in good faith believes that the other party is in violation of applicable
law or in breach of any terms of this agreement, such party shall have
the right to terminate the agreement immediately upon written notice
to the other party. Lidango further reserves the right to terminate
this agreement and publisher participation in the services hereunder
without prior notice to the publisher.
Payment: If publisher
generates at least $1,000 revenue each week, publisher may be eligible
to receive weekly wire payment, less applicable wire fee. If publisher
does nont generate at least $1,000 per week in earnings, then Lidango
will pay the publisher fifteen (15) days after the end of the month.
Lidango does not guarantee payment to the affiliate if the advertiser
fail to pay Lidango. All commissionas are based uon the n umber of leads
reported by Lidango and as recorded in http://my.lidango.com. Lidango may withhold payment to publisher
in the event that Lidango determines that publisher has engaged in unauthorized
activity or the generation of invalid lead or any other fraudulent activity
whatsoever.
Publisher Obligation:
Publisher shall not modify or alter any offer or creative in any manner.
Publisher will only run approved banners and text in its advertising
of offers and will not create its own banners or advertising text ads
on the creative or offer, unless expressly approved in writing from
Lidango. Any form of misuse or any fraudulent activity will lead to
the blocking of the Publisher’s account immediately. In this case
publishers may raise an objection (via letter, fax, email) within one
month in order to provided a statement and evidence that the chosen
form of advertising has been in accordance with these Terms and Conditions.
If the publisher cannot confute the breach of this agreement, Lidango
will issue a notice of termination of account. In the event of account
termination the publisher shall not receive any outstanding payments.
For each case of intentional negligent violation of the present provisions,
the publisher hereby undertakes to pay Lidango liquidated damages in
each case in an amount to be determined at lidango’s equitably exercised
discretion and, in the event of dispute, in an amount to be reviewed
by court. Each instance of violation shall be subject to liquidated
damages in the maximum amount of the current balance of the Publisher’s
account. Any other use of offers of creative will result in the loss
of payment of leads.
(i)Publisher shall not place
an offer with inappropriate content which includes, but is not limited
to, content that: Promote the use of alcohol, tobacco or illegal substances,
nudity, sex, pornography, adult oriented content such as phone sex or
escort services, expletive or inappropriate language.
Publisher shall not promote
gratuitous violence, abuses or threatens physical harm. Publisher shall
not promote illegal or unethical activity, racism, hate, “spam”
mail fraud, gambling, sweepstakes, pyramid schemes, investment and money
making opportunities or illegal advice. Publisher shall not promote
use of illegal substances, software pirating, libelous, defamatory,
infringing, false, misleading or contrary to public policy.
(ii) Publishers shall not engage
in any deceptive form of advertising, which includes, but is not limited
to, phasing, sending an email to an individual falsely claiming to be
an established enterprise in an attempt to scam or defraud the user
into surrendering private and personal information.
(iii) In submitting their application
to Lidango affiliate program, Publishers accept any additional conditions
for participation which are displayed in the context of each program.
These conditions will become an integral part of this contract. Publisher
also warrants, that the data provided at registration is correct and
complete. Should the data provided at registration change at any time
after registration, the Publisher must change his profile stored
on the Lidango interface.
Limitations of Damage
and Liability: EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
NEITHER PARTY MAKES ANY WARRANTIES AND EXPRESSLY DISCLAMINS ALL WARRANTIES,
EXPRESS OR IMPLIED, AS TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL LIDANGO BE LIADBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATUE WHATSOEVER (INCLUDING
LOT PROFITS OR REVENUES OR HARM TO BUSINESS) EVEN IF IT HAS BEEN NOTIFIED
BY THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIDANGO LIABILITY
UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHER LEGAL THEOR,
BE GREATER THAN THE TOTAL AMOUNT PAID WITHIN THE PRIOR SIX MONTHS BY
LIDANGO TO PUBLISHER HEREUNDER.
Each party agrees to indemnify,
defend, and hold harmless to other, its vendors and suppliers, the publishers
and their respective subsidiaries, affiliates, agents, partners, officers,
directors, and employees from and against any third party loss, cost,
claim, injury or damage (including reasonable attorney’s fees) resulting
from claims or actions arising out of or in connection a breach of a
party’s representations or warranties made in this agreement or a
breach of terms and conditions of this Agreement
Confidential Information: Each party agrees to use the other
party’s confidential information solely for the purposes contemplated
by this Agreement, and to refrain from disclosing the other party’s
Confidential information to any third party, unless any disclosure is
necessary and permitted in connection with the receiving party’s performance
of its obligations or exercise of its rights under this Agreement or
any other agreement between the parties. Any disclosure is required
by applicable law, provided, that the receiving party uses reasonable
efforts to give disclosing party reasonable advance notice, thereof
so as to afford the disclosing party an opportunity to intervene and
seek an order or other appropriate relief for the protection of its
Confidential information from any unauthorized use or disclosure.
Lidngo shall not be held
liable for the content of websites of third-parties, nor shall it be
liable for any damages or other failures resulting from any defects
of the participants software or hardware or their incompatibility with
the Lidango system. Lidango shall also not be liable for damages resulting
from the fact that the internet was not available or malfunctioning.
Lidango Reserves the right
to amend these provisions of the present Terms and Conditions for publishers
that are minor in scope or nature, and to do so without citing any reasons,
providing such modifications do not lead to the agreement as a whole
being restructured. Lidango will communicate, by email, the modified
conditions at least two weeks prior to the effective date. Publishers
who do not object in text form (letter, email, or fax); to the modification
within two weeks after the receipt of the email will be deemed to have
accepted the respective modifications. Lidango will specifically indicate
the possibility of objecting to the modification and the consequences
of the two week deadline.
