Media Front Page Advertising Services Terms and Conditions
THIS IS A LEGALLY BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU (HEREINAFTER, “ADVERTISER”) AND MEDIA FRONT PAGE. BEFORE INITIATING ANY CAMPAIGNS YOU MUST AGREE THAT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE CAREFULLY READ AND UNDERSTAND THE TERMS SET FORTH IN THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS SET FORTH IN THESE TERMS AND CONDITIONS.
The Media Front Page advertising program allows advertisers to list their websites in the search results generated by Media Front Page and/or its affiliates in response to a search term corresponding to the subject of the search listing. Advertisers choose keywords that are relevant to their websites while selecting the precise amount they wish to pay when consumers click on their listings. Site listings on Media Front Page are ranked and determined according to the highest bidders. Signing up for the Media Front Page advertising program does not guarantee that any or all of the search terms submitted will be accepted by Media Front Page or that such search terms will generate any traffic to Advertiser’s site. Media Front Page reserves the right to reject and/or remove any search terms submitted by Advertisers. For the purposes of this Agreement “advertisement” may include any Advertiser listing, advertisement, content, Web site, material or other information submitted by Advertiser or on behalf of Advertiser for inclusion in the Advertising Services and accepted by Media Front Page.
Media Front Page, for purposes of this Agreement, is the process provider for Web Users interested in a desired subject; and Advertisers who bid for related keywords or categories. When these related keywords or categories generally produce a result that contains Advertiser’s listings that match users interests the Web User may be redirected to the advertiser’s website. Media Front Page does not represent or warrant the quality of traffic delivered to advertiser nor if any listing or how much of a listing will be displayed across the network. Additionally, the format of your advertisement may vary and Media Front Page makes no representations as to the format of your advertisement. Advertiser agrees that Media Front Page will be solely responsible for tracking and calculating click-throughs (“CTs”) delivered, the applicable CT price(s) and all other traffic measurements and data, and Advertiser understands and agrees that such measurements and data will be the only and definitive measure thereof.
PAYMENT TERMS AND NON-REFUNDABLE FEES
Media Front Page requires payment in advance for all Advertiser accounts. Only accounts with positive balances of at least as much as the Advertiser’s lowest daily budget shall remain active in our database. All accounts that fall below this funding requirement shall be placed on hold, and all listings shall be removed, until the account is funded. Advertiser agrees to pay all applicable charges to the account with respect to the payment method selected in accordance with billing terms in effect at the time the fee becomes payable. Advertiser understands and agrees that the account will be charged for all clicks on Advertiser’s search listing advertisements and that Media Front Page is not responsible for the maintenance of Advertiser’s website. Advertiser agrees that any payment depending on the Media Front Page Advertising Service selected by Advertiser is nonrefundable. All traffic sales are final, no refunds or credits.
TERM AND TERMINATION
This Agreement shall continue in effect until terminated in accordance with the terms hereof. Advertiser may terminate this Agreement by providing a written notice to Media Front Page. Following such notice, Advertiser will be billed for any amounts still owed to Media Front Page. Media Front Page may, in its sole discretion, terminate this Agreement at any time for any reason. Any amounts for services provided under Media Front Page Advertising Service are non-refundable.
OWNERSHIP OF INTELLECTUAL PROPERTY
Media Front Page retains all right, title and interest in and to its trademarks, service marks, trade names, service names, logos and copyrights, as well as its content and technology worldwide (“Intellectual Property”). By entering into this Agreement, Advertiser acknowledges that such Intellectual Property is the exclusive property of Media Front Page and that all usage of such marks and any goodwill established by the use of such marks shall inure to the benefit of Media Front Page and that this Agreement does not confer any goodwill or other interests in such marks to Advertiser. Advertiser shall not adopt or attempt to register any Intellectual Property that is confusingly similar to Media Front Page Intellectual Property.
TRACKING AND DISCREPANCIES
The use of Google Analytics as a 1 to 1 click verification is prohibited. Validation of discrepancy claims can only be supported with server click-logs provided by the advertiser or another agreed upon 3rd party tracking service.
What this means for you:
- Google Analytics is only good for traffic quality spot checking. (Access is still beneficial to ensure Sub-ID performance)
- Server-Logs are the preferable way to verify any discrepancy concerns
- There will be no acceptance of refund requests based on Google Analytics numbers
- As the Google Developer documents state (links below) there are now “limits” on both volume and speed, and once they are hit, GA will no longer record any information (which is the cause of impression/click discrepancies)
Google Developer Documentation:
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
The Advertiser acknowledges and agrees that the use of Media Front Page is at the Advertiser’s own risk. Media Front Page makes no representations or warranties relating to the results of Advertisement, including without limitation, the number of impressions or CTs such Advertisement will receive and any promotional effect or return on investment thereof. Media Front Page makes no warranty or representation whatsoever regarding Media Front Page, any information, services or products provided or available through or in connection with Media Front Page or any results obtained through the use thereof. Media Front Page hereby disclaims on behalf of itself and all information providers, licensors and/or licensees of any and all warranties including, without limitation: any warranties as to the availability, accuracy or content of Media Front Page and/or information, products or services available through Media Front Page; and any warranties of title or warranties of merchantability or fitness for a particular purpose. Any liability of Media Front Page, its information providers, licensors, licensees, employees, agents, consultants or contractors, including, without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, failure of delivery of merchandise or information, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or unlawful use of Media Front Page records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount already paid to Media Front Page, its information providers, licensors, licensees, employees, agents, consultants or contractors, be liable for any indirect, special, incidental, or consequential damages, arising out of the use or inability to use Media Front Page and/or the sites linked to Media Front Page or for any breach of warranty. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor or material shortage, carrier interruption of any kind or work slowdown.