By clicking the "Submit" button or otherwise submitting an order you ("you") represent and warrant that you are either (1) an adult over the age of 18, acting on behalf of yourself with full capacity to enter into this contract, and will be personally bound by these terms, or (2) as an agent or authorized representative of your principal (including any entity you represent) acting with actual authority to bind that principal to these terms as if that principal were named in this Agreement in place of you. You further agree that if it is found that you did not have authority to bind that principal, you will be personally responsible for the obligations in these terms and the advertising order you placed, including, without limitation, the payment obligations.
You understand that your advertisements, links, texts and/or related materials (your "Ads") will be placed based on the information you provide in your advertising order, and Bunndle makes no guarantee regarding the results you will obtain from your Ads. You are solely responsible for all the information you provide, including targeting options, ad content, and URLs, as well as the websites, software, products and/or services you are advertising. So that Bunndle can place the Ads you order, you represent that you have the power to grant and do hereby grant to Bunndle a worldwide, nonexclusive, royalty-free, perpetual, fully sub- licensable, and irrevocable license to place, publish, reproduce, copy, distribute, perform and display your Ads and software. You understand and agree that your Ads may be placed on any content or property provided by Bunndle along with any other content or property provided by a third party upon which Bunndle places ads, and you authorize and consent to all such placements. You understand that Bunndle will determine, in its sole discretion, how to measure the number of impressions, inquiries, conversions, clicks, offers, installations, or other actions taken by third parties in connection with your Ads, and all charges will be based on such measurements. You understand and agree that Bunndle may access, use and analyze such measurements for any internal business purpose (e.g. for the purposes of targeting delivery of other advertisements or other content to persons who have taken actions in connection with your Ads) and may publish such measurements in its sole discretion. You understand that materials submitted by you to Bunndle will not be returned upon termination of this Agreement or otherwise.
You will ensure that all Ads and software you submit through the Bunndle Advertising platform for self-service customers will comply with the Content Guidelines (located at www.bunndle.com/home/content_guidelines), and any other policies or guidelines that Bunndle makes applicable to this service. You will also comply with any applicable third party terms, policies, guidelines, etc. that apply to your Ads, distribution, data handling and business practices.
You agree to pay all amounts specified in the advertising orders you place, along with any applicable taxes, by providing advanced prepayment via automated payment (such as credit card processing, PayPal) or other means authorized in writing by Bunndle. All payments will be made in US Dollars. To the extent you have provided access to an automated payment mechanism, you authorize Bunndle to charge the account that you have entered and you accept pre-payment obligations for any and all future charges due to advertising on Bunndle's network. Bunndle may charge such amounts at the time the order is placed or at any time thereafter. You further authorize Bunndle to obtain pre-approval from your credit card issuer, if necessary. You are responsible for maintaining the security of your account (including your user name and password), and understand you will be charged for any orders placed by or through your account, even if such orders were not authorized by you. Bunndle will not be liable for any loss or damage arising from your failure to maintain the security or confidentiality of your account. Refunds (if any) are at the sole discretion of Bunndle and will be in the form of a credit for advertising placement on Bunndle. To the fullest extent permitted by law, you waive all claims against Bunndle related to charges (including any claims related to suspected invalid clicks or other actions) unless claimed by you in writing within 60 days after the charge.
Bunndle may reject or cancel any order you place, reject or remove any of your Ads or software, and/or terminate my account, in its sole discretion, for any reason or no reason at all. Without limiting the foregoing, Bunndle has adopted a policy of terminating, in appropriate circumstances, advertisers who are repeat infringers of intellectual property rights. You may cancel your order at any time, but only through the online, self-service interface you used to place the order. For clarity, either party may cancel this Agreement for convenience upon 10 business days notice, provided that all unused pre-payments to Bunndle shall only be eligible for use as credits after termination, and shall not be available as refunds.
You agree that Bunndle may use your name, logo, and the title(s) and logo(s) of your Application(s) in presentations, marketing materials, customer lists, financial reports and Web site listings of customers.
You acknowledge and agree that any automated payment account information and related billing information that you provide to Bunndle may be shared by Bunndle with Bunndle's service providers (including payment processors and credit agencies) solely for the purposes of checking credit, effecting payment to Bunndle and servicing my account. You further agree that Bunndle may provide information in response to valid legal process, such as subpoenas, search warrants or court orders, or to establish or exercise its legal rights or defend against legal claims. Bunndle will not be liable for any use or disclosure of such information by such third parties.
You agree and acknowledge that Bunndle may modify these terms, the Bunndle Advertising Guidelines and/or any of the other Bunndle policies at any time, and that posting the modifications on the Bunndle.com site will constitute sufficient notice of such modifications, and any use by you of the Bunndle Self -Service Advertising services after the posting of such modifications shall constitute my acceptance thereof. To the extent that you have placed an order for any Ads that are running at the time of any modification, you acknowledge and agree that any such modification will apply to the balance of the Ads that remain to be run after the date such modification is posted. You further agree that you are obligated to check for any such modifications, and that the placing of an order or continued use of any Bunndle advertising services after posting of any modifications constitutes acceptance of the modifications.
You represent and warrant that: (a) you have all rights in and to the Ads that are necessary to place and display the Ads, and to grant the rights granted under these terms; (b) the Ads are not false or misleading; (c) you will fully comply with the Content Guidelines and any other applicable policies, including any applicable third party terms, policies, guidelines, etc. that apply to your Ads, distribution, data handling and business practices; (d) the Ads, along with the products or services being advertised, do not infringe the rights of any third party, do not violate or encourage the violation of any applicable laws or regulations, contain any virus, worm, Trojan horse, spyware, malware, or other contaminating or destructive feature, contain any mechanism that allows you or any third party to engage in fraudulent behavior or to derive information about the Bunndle service or its users, or Bunndle's partners or affiliates, or contain any offensive material; (e) you have not in the past and will not reverse engineer, decompile, or disassemble any portion of the Bunndle service; and (f) you have not in the past and will not modify, translate, adapt, arrange, or create derivative works based on the services, or using the services in a manner that threatens the integrity, performance, security, or availability of the services, the Bunndle website, or any third-party networks or other facilities, or in a way that may subject Bunndle, its licensors, suppliers, or any other third party to harm or liability.
You agree to indemnify and defend Bunndle from and against any claims, liabilities, costs and expenses (including reasonable attorney's fees) arising out of (1) your breach of any representation of warranty in this Advertiser TOS; (2) any fraudulent activity related to calculation of clicks, impressions or installs; (3) your violation (including those of any of your agents) of any laws or third party rights in connection with your participation in the Advertising Program; (4) any Ads provided by or through you, including all content, software, applications, scripts, software code, and links contained therein; (5) any website, application or other content to which your Ads link, and (6) the products or services you are advertising.
DISCLAIMER OF WARRANTIES: TO THE FULLEST EXTENT PERMITTED BY LAW, BUNNDLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES FOR NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. BUNNDLE DOES NOT GUARANTEE OR WARRANTY ANY PARTICULAR RESULTS FROM THE ADS YOU PLACE OR THE SERVICES PROVIDED BY BUNNDLE. YOU UNDERSTAND THAT THIRD PARTIES MAY GENERATE IMPRESSIONS, CLICKS, OFFERS, VIEWS, INSTALLATIONS, OR OTHER ACTIONS AFFECTING THE COST OF THE ADVERTISING FOR FRAUDULENT OR IMPROPER PURPOSES, AND YOU ACCEPT THE RISK OF ANY SUCH IMPRESSIONS, CLICKS, OFFERS, VIEWS, INSTALLATIONS OR OTHER ACTIONS. BUNNDLE SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU IN CONNECTION WITH ANY THIRD PARTY CLICK FRAUD, INSTALLATION FRAUD, OR OTHER IMPROPER ACTIONS THAT MAY OCCUR.
BUNNDLE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA, OR FOR ANY LOSS OR INTERRUPTION TO BUSINESS, ARISING OUT OF OR RELATING IN ANY MANNER TO THE ADVERTISING SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BUNNDLE'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT YOU ACTUALLY PAY TO BUNNDLE FOR THE ADS GIVING RISE TO THE CLAIM.
You agree that these terms and conditions, and any dispute relating to them, will be governed by the laws of the State of California without regard to its conflict of law principles.
These terms and conditions, the Advertising Guidelines and other applicable Bunndle policies, and the terms of any applicable advertising order submitted through the site constitute the entire and exclusive agreement between the parties with respect to any advertising order you place, and supersede and replace any other statements, documents, materials, agreements, terms, and conditions applicable to any such order. Unenforceable provisions will be modified to reflect the parties' intention, but only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect. Bunndle's failure to enforce or delay in enforcing any provision of this Agreement will not be deemed a waiver of that provision, and any waiver of any default under this Agreement will not be deemed to be a waiver of any subsequent default. You agree that any notices you send to Bunndle will be sent via courier or registered mail to 2335 El Camino Real, Palo Alto, CA 94306, Attn: General Counsel, Bunndle, Inc., and will be deemed received when such notice is received by Bunndle. Except for any obligation to perform the advertising services, these terms and conditions will survive the completion or termination of any advertising order or any termination of your account. You may not assign this Agreement, or any of your rights under this Agreement, or delegate any of your obligations under this Agreement, without Bunndle's prior written consent, and any attempt to do so is void. Bunndle and you are independent contractors, and no partnership, agency relationship, joint venture or other relationship is created by this Agreement.