Advertiser Terms and Conditions
The eClickZ.com advertising program allows advertisers to list their websites in the search results generated by eClickZ.com 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 eClickZ.com are ranked and determined according to the highest bidders. Signing up for the eClickZ.com advertising program does not guarantee that any or all of the search terms submitted will be accepted by eClickZ.com or that such search terms will generate any traffic to Advertiser’s site. eClickZ.com reserves the right to reject and/or remove any search terms submitted by Advertisers.

INTRODUCTION
eClickZ.com,, a California corporation will provide the Advertiser with access to the “eClickZ.com” pay-per-click search engine subject to “the Advertiser’s” compliance with the terms and conditions contained in this “agreement.” Please read these Terms and Conditions carefully prior to signing up for an eClickZ.com advertising account. This “agreement” is subject to change by eClickZ.com at any time. By enrolling as an Advertiser with eClickZ.com, Advertiser agrees to be bound by these terms and conditions.

USE
eClickZ.com, for purposes of this agreement, is the process by which consumers search for a desired subject and Advertisers bid for search terms, and which search terms produce a search result that contains Advertiser’s search listings. These results are viewed at eClickZ.com’s website as well as third-party affiliate websites of eClickZ.com. Advertiser understands and agrees that consumers may view and access search listing advertisements from either eClickZ.com or from a third-party website that is an affiliate of eClickZ.com.

PAYMENT
eClickZ.com requires payment in advance for all Advertiser accounts. Advertisers must fund their accounts with at least $100 in order to activate their accounts. Only accounts with positive balances of at least as much as the Advertiser’s lowest keyword bid 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 eClickZ.com is not responsible for the maintenance of Advertiser’s website. Payments to eClickZ.com must be made by credit card. Advertiser agrees warrants and represents that all information provided for the purpose of enrolling as an Advertiser will be accurate, complete and current. Advertiser’s right to access an account with eClickZ.com is subject to any limits established by eClickZ.com, its contractors or by Advertiser’s credit/charge. If payment cannot be charged to Advertiser’s credit facility for any reason, or if there is a charge back for any reason, eClickZ.com reserves the right, in its sole discretion, with or without notice, to either suspend or terminate Advertiser’s account with eClickZ.com. eClickZ.com’s final billing to Advertiser shall be conclusively presumed by Advertiser to be accurate and proper. Advertiser waives all rights to challenge or seek to charge-back any billings. Nothing stated herein shall limit rights granted to a cardholder by Visa, MasterCard and/or its issuing bank.

CREDIT CARD
Advertiser agrees to pay all charges to its account in accordance with eClickZ.com’s terms. Advertiser acknowledges that the payment obligation hereunder is based solely on the number of clicks and not on Advertiser’s ability to convert clicks to sales. Advertiser warrants and represents that all payment information provided to eClickZ.com will be accurate and complete, and current. In the event that eClickZ.com is unable to charge Advertiser’s credit card, eClickZ.com may, in its sole discretion with or without notice, suspend or terminate the Advertiser’s participation in the advertising program. NOTICE OF LOST OR STOLEN CARD/FRAUDULENT USE OF CARD Advertisers must promptly inform eClickZ.com of any and all of the following: loss or theft of the credit card used in relation to this program; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security with the account, such as loss, theft, unauthorized disclosure or use of an ID or password; and any and all other changes pertaining to the credit card account which may affect the ability of eClickZ.com to expeditiously obtain payments due to eClickZ.com or its billing agent. eClickZ.com’s final billing to Advertiser shall be conclusively presumed by Advertiser to be accurate and proper. Advertiser waives all rights to challenge or seek to charge-back any billings. Nothing stated herein shall limit rights granted to a cardholder by Visa, MasterCard and/or its issuing bank.

TRACKING
All payments will be made based on clicks and revenue generated as determined by eClickZ.com’s tracking.

TERMINATION
Advertiser may suspend or cancel participation in the eClickZ.com advertising program by written notice to eClickZ.com. Following such notice, Advertiser will be entitled to receive a refund for all amounts not yet charged to account. However, initial $50 deposit is non-refundable. eClickZ.com may cancel Advertiser’s participation in the Advertising program at any time for any or no reason. eClickZ.com reserves the right to cancel the advertising program at any time. All unused credits or promotional credits will expire after 6 months. Credits or promotional credits will be applied toward traffic after the initial deposit is used and are non refundable.

INDEMNIFICATION OBLIGATIONS
Advertiser agrees to indemnify and hold eClickZ.com and its officers, directors, agents, affiliates and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation reasonable attorney fees) resulting from claims or actions arising out of or in connection with (i) Advertiser’s participation in the eClickZ.com Advertising program, (ii) Advertiser’s websites or any links from Advertiser’s websites (iii) any libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with Advertiser’s websites (iv) any breach by Advertiser of any duty, representation, warranty under any agreement with eClickZ.com, or (v) relating to a contaminated file, virus, worm, or Trojan horse emanating from Advertiser’s websites. Advertisers are solely responsible for defending any claim, and for payment of damages or losses resulting from the foregoing to both a third party and to eClickZ.com.

RIGHT TO REJECT
All requested URL links, search terms and descriptions are subject to eClickZ.com’s approval. eClickZ.com reserves the right to reject, cancel or remove any URL link, search terms and descriptions at any time for any reason whatsoever.

RELEVANCY
Advertisers may only submit search terms and descriptions to eClickZ.com’s advertising program that are relevant to submitted websites or to those web pages contained in websites. If any information provided on Advertiser’s websites is changed, search terms and descriptions must be updated to be both current and accurate. All search terms and descriptions submitted are subject to relevancy review by eClickZ.com, and are subject to removal or rejection.

SEARCH LISTINGS
eClickZ.com does not guarantee that Advertiser’s search listings will be available or displayed and eClickZ.com reserves the right to not place Advertiser’s search listings within any search results list generated in connection with the eClickZ.com advertising program. The format of Advertiser’s search listings may vary and eClickZ.com makes no representations as to the format of search listings. In all cases information for the search listing must be submitted in the form requested by eClickZ.com.

TRANSFER OF RIGHTS
Advertiser’s registration with eClickZ.com is for sole, personal, and exclusive use. Advertisers may not authorize others to use the eClickZ.com account, and may not assign or otherwise transfer the account to any other person or entity. Advertisers shall not, under any circumstances, have the right to transfer or assign the account, any personal identification numbers or password to any other person or party. Any such attempted transfer or assignment shall be void and shall constitute a material breach of this agreement on Advertiser’s part. In addition, Advertisers must promptly inform eClickZ.com of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of Advertiser’s account, personal identification number or password.

ADVERTISER’S RIGHTS AND RESPONSIBILITIES
Advertiser may submit material for search listing advertisements by logging into his/her account from our homepage. eClickZ.com reserves the right to reject or remove any search listing advertisement at its discretion. Advertiser represents and warrants that the search listing advertisement, in itself or through the site it links to, (i) does not violate any law or regulation; (ii) does not infringe in any manner any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (iii) does not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or had not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) is not false or misleading; and/or (v) is neither defamatory, libelous, slanderous or threatening.

Advertising and Creative Guidelines
Ads for the following products and services – or containing the following content – must comply with these guidelines. Contact the Legal Department if you have any questions.

Audio
An ad that includes audio must have a “off” button

Business Opportunities:
These include offers for work-at-home, vending machines, display racks, pay phones, “get rich quick,” day trading and medical billing opportunities. The ad will be canceled upon the first consumer complaint. In addition, the ad must not:
• Promise good pay in a short period of time with little effort.
• Make high earnings claims.
• Tout an atypical result without informing consumers that the result is not typical.

Children Under 18 – Ads Targeting The ad must not:
• Promote an adult product, service or behavior or be otherwise inappropriate for children.
• Seek to take advantage of children’s inexperience or naïvetè. If the ad or its landing page collect personal information from children under 13:
• The advertiser must certify that it is COPPA-compliant.

Credit Offers
The ad must not:
• Offer extremely low rates or payments.
• Promise that it can get consumers the lowest rates available.
• Offer loans for free, at no cost or without fees.
• Promise success in obtaining a loan for a consumer, in exchange for an advance fee.
For ads promoting mortgages and refinances, the ad must clearly disclose the items below, if the ad includes: (1) the amount of any payment; (2) the number of payments or period of repayment; (3) the amount of any finance charge; or (4) the amount of any down payment:
• the amount of any down payment;
• the length of the loan and the amount of each payment; and
• the annual percentage rate.

Dietary Supplements
These include vitamins, minerals, amino acids, enzymes, herbs and animal extracts. The ad must not promote: ephedra (ma huang), chaparral, comfrey, lobelia, germanda, L-tryptophan, willow bark, germanium, dieter’s teas or magnolia-stephania preparations. The ad must not claim that the product:
• Can cure or treat a disease, including (but not limited to) cancer, AIDS, AD/HD, Alzheimer’s, tumors, insomnia, arthritis or impotency;
• Can cure a wide range of ailments.
• Is a natural or safe alternative to prescription drugs.

E-mail Promoters
The advertiser must certify that it complies with the CAN SPAM Act.

“Free” Offers
The ad must clearly disclose:
• Any required purchase.
• Any other important conditions on receiving the “free” item. If these non-purchase conditions appear by link or on the landing page, the ad must clearly state “conditions apply.”

Free Trial Offers
The ad must clearly disclose or link to:
• The length of the free trial period.
• How to cancel, and by when, to avoid any charge.
• If, after the trial, the consumer will receive periodic product shipments:
o The total cost of each shipment;
o The frequency of shipments;
o Any minimum purchase requirement; and
o Any other important conditions of the offer.

Functionality
The ad must:
• Ensure that any action taken by a consumer with respect to the ad (e.g., clicking on a certain spot) must not surprise him/her. An ad with a close button, minimize/maximize button or similar function that does not, in fact, operate to perform those functions, is unacceptable.

Gambling
• No gambling until further notice

Gray Box Ads
(For example, ads that look like “Caution” or “Warning” notices.) The ad must:
• Clearly and conspicuously disclose, inside the creative, that it is an ad.
• Ensure that any action taken by a consumer with respect to the ad (e.g., clicking on a certain spot) must not surprise him/her.

Illegal Products
Ads for products that assist a person in breaking the law are not acceptable. This would include, for example, an ad for a product that could help someone pass a drug test.

Hate
Ads for any group that is involved in hate speech or acts are not acceptable.

Health or Safety Claims
The ad must not: • Make claims touching on health or safety that are too good to be true.
• Make claims that could reasonably involve a risk to health or safety. The ad must:
• Include information about any significant risks associated with the product.

Online Pharmacies:
• The advertised pharmacy must not issue prescriptions, unless it has a VIPPS (Verified Internet Pharmacy Practice Sites) seal.
• Ads for non-U.S. pharmacies may not be shown to U.S. viewers.

Pornography
Ads for pornography are not acceptable.

Provocative Content
• Ads containing nudity or dirty language are not acceptable.
• Ads containing provocative content must be assigned a warning so that our member publishers may decide whether or not it is appropriate for their sites.

Software
Ads for “spyware” (adware) are not acceptable. We define “spyware” as software that merely displays advertising. Ads for a product that is downloaded onto the user’s machine are acceptable only if: • The download begins only after the user clicks through to the advertiser’s website (i.e., no automatic downloads);
• The user is required to affirmatively agree to the download in order for it to begin; and
• Prior to agreeing to the download, the user is clearly told: (1) exactly what product(s) will be installed; and (2) exactly how the downloaded product(s) will function, including what personal information, if any, it/they will collect and/or use.

Sweepstakes & Contests
The ad must not:
• State or imply that a person has already won, without disclosing all conditions on receipt of the prize.
• Require a purchase to enter a sweepstakes (a game of chance). The ad must:
• State how to enter and by when.
• Direct consumers to the official rules.
• State that no purchase is necessary (for a sweepstakes).

Telecommunications Products & Services
The ad must clearly disclose or link to:
• Activation or initiation fees;
• Any recurring charges;
• Any required contract term;
• Any early termination fees;
• The number of peak and off-peak minutes and the hours they apply;
• Charges for excess minutes;
• Whether charges apply for calls that are out of network or out of a certain geographic area;
• Whether the offer is for only a limited period and, if so, the fees for the remainder of the contract; and
• Any additional fees, taxes or surcharges and the amount of these kept by the carrier.

Testimonials
The testimonial must not:
• Make a claim that is too good to be true.
The testimonial must:
• Be made by an actual user of the product and reflect his/her honest opinions.
• Make a claim that is true for every consumer, unless there’s an adequate disclosure.

Trademarks or Logos – Use of a Third Party’s
The ad must not use them in a way that could:
• Negatively reflect on the third party or its brand.
• Lead to consumer confusion between the third party and the advertiser.
• Imply sponsorship, endorsement or affiliation between the advertiser and the third party.

Video
An ad that includes video must include a functioning “stop” button.

Health or Safety Claims
The ad must not: • Make claims touching on health or safety that are too good to be true.
• Make claims that could reasonably involve a risk to health or safety.

Weight Loss Products or Plans
The ad must not state or imply that:
• The product or plan will lead to substantial weight loss for all users.
• The product or plan will lead to permanent weight loss.
• Users can eat as much as they want or whatever they want and lose weight.
• The product leads to substantial weight loss without the need for diet or exercise.
• Users can lose fat from specific body parts.
• The product blocks or absorbs fat or calories.
• The product causes the user to lose weight when applied to the body or skin (e.g., a cream or patch).
• Users can lose more than three pounds per week for more than four weeks.
• Tout an atypical result without informing consumers that the result is not typical.

LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
The Advertiser expressly agrees that the use of eClickZ.com is at the Advertiser’s own risk. eClickZ.com is available on an “as is” basis, without warranty of any kind, express or implied. Neither eClickZ.com nor any of its licensors, employees, agents, consultants or contractors, makes any warranty or representation whatsoever regarding eClickZ.com, any information, services or products provided or available through or in connection with eClickZ.com or any results obtained through the use thereof. eClickZ.com 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 eClickZ.com and/or information, products or services available through eClickZ.com; and any warranties of title or warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to the Advertiser. This limited warranty gives the Advertiser specific legal rights, and the Advertiser may also have other rights, which may vary from state to state. Any liability of eClickZ.com, 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 eClickZ.com’s 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 eClickZ.com, 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 eClickZ.com and/or the sites linked to eClickZ.com or for any breach of warranty. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to the Advertiser. The Advertiser agrees that eClickZ.com will not be held responsible for the selection or retention of, or any acts, errors, or omissions by, any third party in connection with eClickZ.com and/or sites linked to eClickZ.com, including, without limitation, those with whom eClickZ.com contracts to operate various portions of eClickZ.com and those to whom eClickZ.com provides links to for content, advertising or any other type of data or information.

CANCELLATION OR TERMINATION
If Advertiser is dissatisfied with eClickZ.com or the terms and conditions herein, Advertiser’s sole and exclusive remedy is to terminate the account. Accounts may be cancelled at any time by sending an email to sales@eClickZ.com. eClickZ.com may, in its sole discretion, terminate Advertiser’s account, and discontinue the advertising account, or use of any search term if eClickZ.com believes that Advertiser has violated this Agreement or other policies or guidelines that eClickZ.com may post on eClickZ.com. eClickZ.com can also terminate advertising accounts if eClickZ.com believes Advertiser’s conduct is harmful to other consumers and advertisers who participate in eClickZ.com. All decisions made by eClickZ.com in this matter will be final.

CHOICE OF LAW
This Agreement shall be construed and controlled by the laws of the State of California. Any dispute arising in connection with this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of the State of California. The Advertiser agrees to submit to the jurisdiction of the state and federal courts located in Los Angeles.

APPROVAL
eClickZ.com, in its sole discretion, may not approve an Advertiser’s listing to the search results. No reason is required to be given to the Advertiser why their advertisement has or has not been approved. All decisions made by eClickZ.com in this matter will be final.