By participating in the
SearchGalore.com pay per click advertising program, you are entering into
a binding and enforceable legal agreement with SearchGalore.com a property
of Elite Concepts. as set forth below. You represent and warrant that you
are authorized to enter into this agreement. Please read these Terms and
Conditions carefully since, by participating in the SearchGalore.com pay
per click advertising program, you are signifying your assent to this
agreement. As used in this agreement, the terms "Client" and
"You" mean you and the company or entity which you represent.
PAYMENT The Client agrees to pay Elite Concepts. the owners and
operators of SearchGalore.com based on the number of click-throughs
multiplied by the amount that you have bid to pay for such click-throughs.
A minimum deposit (of at least $25) shall be paid to Elite Concepts. the
owners and operators of SearchGalore.com to initiate services to the
Client, Only deposit what you think you may use in 90 days, as all initial
deposits are non-refundable. Further, any other deposit becomes
non-refundable after 90 days. Client agrees to pay all charges to its
account in accordance with SearchGalore.com's terms then in effect at the
time a fee is incurred. Client acknowledges that its payment obligation
hereunder is based solely on click-throughs and not on Client's ability to
convert click-throughs to sales. In the event that Client has elected to
pay SearchGalore.com by credit card, Client agrees that Elite Concepts.
the owners and operators of SearchGalore.com may charge the credit card
upon the issuance of each tracking report reflecting click-throughs. In
the event that SearchGalore.com is unable to charge a Client's credit card
or a check issued by the Client is returned, SearchGalore.com may, in its
sole discretion, suspend or terminate the Client's participation in the
bid program.
YOUR REPRESENTATIONS AND WARRANTIES TO SEARCHGALORE.COM You
represent that you are the authorized owner or representative of the
website(s) for which links are requested and that such site(s) is not
involved in any illegal activity, hate activity (whether racial or
otherwise), and does not contain any libelous matter. You will not hold Elite Concepts.
the owners and operators of SearchGalore.com or its affiliates liable or
responsible for the activities of visitors who come to your site(s)
through a link provided from SearchGalore.com. You further represent that
your site is not unsuitable for the SearchGalore.com pay per click
advertising program. Unsuitable sites include those that promote sexually
explicit material; promote violence; promote discrimination based on race,
sex, religion, nationality, disability, sexual orientation, or age;
promote illegal activities; and violate or infringe upon the rights of any
third party, including intellectual property rights.
YOUR INDEMNIFICATION OBLIGATIONS Client agrees to indemnify and
hold Elite Concepts. the owners and operators of SearchGalore.com and its
affiliates harmless from and against any losses, costs, damages or expense
(including reasonable attorneys' fees) resulting from claims or actions
arising out of or in connection with Client's website content or Client's
breach of any agreement, representation or warranty hereunder, including,
without limitation, claims for infringement of copyright or other
intellectual property rights and violation of rights of privacy and
publicity.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER Elite Concepts.THE
OWNERS AND OPERATORS OF SEARCHGALORE.COM MAKES NO WARRANTY OF ANY KIND,
WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE
INCLUDING, WITHOUT LIMITATION, THE NUMBER OF CLICK-THROUGHS WHICH WILL BE
DELIVERED. SEARCHGALORE.COM SHALL NOT BE LIABLE FOR THE CONTENTS OF ANY
WEB SITES OR PAGES, NOR FOR ANY LOSS, COSTS, DAMAGE OF EXPENSE (INCLUDING
REASONABLE ATTORNEY'S FEES) INCURRED BY CLIENT INCLUDING, WITHOUT
LIMITATION, FOR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA
OR OTHER INJURY DAMAGE OR DISRUPTION TO CLIENT. IN NO EVENT SHALL Elite Concepts.THE
OWNERS AND OPERATORS OF SEARCHGALORE.COM LIABILITY EVER EXCEED THE TOTAL
AMOUNT PAID TO Elite Concepts. BY CLIENT HEREUNDER. IN NO EVENT SHALL Elite Concepts.
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH
DAMAGES ARE FORESEEABLE AND WHETHER OR NOT Elite Concepts.THE OWNERS AND
OPERATORS OF SEARCHGALORE.COM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
Elite Concepts.THE OWNERS AND OPERATORS OF SEARCHGALORE.COM WILL NOT BE
LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT, ON ACCOUNT OF
ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE PARTIES, A DELAY IN
CHANGING A BID BY YOU, OR IF ITS SITE BECOMES INOPERABLE OR INCAPABLE OF
PERFORMING AS INTENDED. Elite Concepts.THE OWNERS AND OPERATORS OF
SEARCHGALORE.COM MAKES NO REPRESENTATIONS THAT THE OPERATION OF ITS SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE
CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
SEARCHGALORE.COM RIGHT TO REJECT All requested URL links, search
terms, descriptions and bids are subject to Elite Concepts. the owners and
operators of SearchGalore.com approval. Elite Concepts. the owners and
operators of SearchGalore.com reserves the right to reject, cancel or
remove any URL link, search terms, descriptions and bids at any time for
any reason whatsoever.
KEYWORD AND CATEGORY RELEVANCY You may only submit keywords,
categories, and descriptions to SearchGalore.com pay per click advertising
program that are relevant to your website(s). All keywords, categories,
and descriptions submitted are subject to relevancy review pursuant to the
"Relevancy Rules" (see below) by the SearchGalore.com
editorial staff, in accordance with SEARCHGALORE.COM RIGHT TO REJECT (see
above). No refunds will be issued for charges incurred to any account as a
result of submitting irrelevant words to SearchGalore.com pay per click
advertising program. Excessive violations of relevancy regulations may
result in termination of your account without refund for any charges
already incurred.
"Relevancy Rules" Keywords must be specific to your
site and the content within your site. If the content is located outside
the site and is only accessible via an external link, then the bidded on
keyword AND the description must reflect that the site contains
"links" or is a "directory" of the keyword.
TERMINATION You may cancel your participation in the
SearchGalore.com pay per click advertising program by providing 72 hour
written notice to Elite Concepts. the owners and operators of
SearchGalore.com. Following such notice period, you will be entitled to
receive a refund for all amounts not yet charged to your account. In all
events, the initial $50 deposited into your bid account is non-refundable.
We may cancel your participation in the bid program at any time.
MISCELLANEOUS This agreement shall be governed by and construed
in accordance with the substantive laws of the State of California and
jurisdiction and venue of all matters relating to this agreement shall be
vested exclusively in the Central District of Illinois or Illinois Highest
Court, County of Champaign, and you agree to the jurisdiction of such
Courts. No waiver, modification or addition to this agreement shall be
valid. This agreement constitutes the entire agreement between the parties
relating to the participation in SearchGalore.com pay per click
advertising program. This agreement supersedes all prior
and/contemporaneous agreements and Client has relied upon no
representations, oral or otherwise, not contained within this agreement. Elite Concepts.,
the owners and operators of SearchGalore.com reserves the right to change
the terms upon which it offers its pay per click advertising program to
the public and may change this agreement by posting such changes. Client's
continued participation in the pay per click advertising program following
such changes shall be deemed an assent to such changes.
info@searchgalore.com
