These DZ4Ad.com Advertising Terms ("Terms") are entered into by "DZ4Ad.com" and the entity executing these Terms or that accepts these Terms electronically ("Customer"). These Terms govern Customer's participation in DZ4Ad.com's advertising programs and services. In consideration of the foregoing, the parties agree as follows:
Customer authorizes DZ4Ad.com and its affiliates to place Customer's advertising materials and related technology on any content or property provided by DZ4Ad.com or its affiliates on behalf of itself or, as applicable, a third party ("Partner"). Customer is solely responsible for all: (i) Creative, (ii) Ad trafficking or targeting decisions (e.g., keywords) ("Targets"), (iii) Properties to which Creative directs viewers (e.g., landing pages) along with the related URLs and redirects ("Destinations") and (iv) services and products advertised on Destinations (collectively, "Services"). The Program is an advertising platform on which Customer authorizes DZ4Ad.com or its affiliates to use automated tools to format Ads.
Customer will not provide Ads containing malware, spyware or any other malicious code or knowingly breach or circumvent any Program security measure.
Unless a Policy, the Program user interface or an agreement referencing these Terms (an "IO") provides otherwise, either party may cancel any Ad at any time before the earlier of Ad auction or placement. Cancelled Ads will generally cease serving within 8 business hours or as described in a Policy or IO. Customer must effect cancellation of Ads online through Customer's account("Ad Cancellation Process").DZ4Ad.com will not be bound by a Customer provided IO.
Customer warrants that (a) it holds, and hereby grants DZ4Ad.com, its affiliates and Partners, the rights in Creative, Destinations and Targets for DZ4Ad.com, its affiliates and Partners to operate the Programs and (b) all information and authorizations provided by Customer are complete, correct and current. Customer authorizes DZ4Ad.com and its affiliates to automate retrieval and analysis of Destinations for the purposes of the Programs. Customer warrants that it is authorized to act on behalf of, and has bound to these Terms, third parties, if any, for which Customer advertises in connection with these Terms ("Advertiser").
Customer will pay all charges incurred in connection with the Program, in immediately available funds or as otherwise approved by DZ4Ad.com, within a commercially reasonable time period specified by DZ4Ad.com.
Disclaimers. EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAMS AND DZ4Ad.com, ITS AFFILIATES, AND PARTNER PROPERTIES ARE PROVIDED "AS IS" AND AT CUSTOMER'S AND ADVERTISER'S OPTION AND RISK AND NONE OF DZ4Ad.com, ITS AFFILIATES OR DZ4Ad.com'S PARTNERS MAKE ANY GUARANTEE IN CONNECTION WITH THE PROGRAMS OR PROGRAM RESULTS.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW REGARDLESS OF THE THEORY OR TYPE OF CLAIM: (a) NO PARTY OR ITS AFFILIATES MAY BE HELD LIABLE UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO PERFORMANCE OF THESE TERMS FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY IS AWARE OR SHOULD KNOW THAT SUCH DAMAGES ARE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY; AND (b) OTHER THAN CUSTOMER'S PAYMENT OBLIGATIONS UNDER THESE TERMS, NO PARTY OR ITS AFFILIATES MAY BE HELD LIABLE FOR DAMAGES UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO PERFORMANCE OF THESE TERMS FOR ANY GIVEN EVENT OR SERIES OF CONNECTED EVENTS IN THE AGGREGATE OF MORE THAN THE AMOUNT PAYABLE TO DZ4Ad.com BY CUSTOMER UNDER THE TERMS IN THE THIRTY DAYS BEFORE THE DATE OF THE ACTIVITY FIRST GIVING RISE TO THE CLAIM.
Indemnification. Customer will defend, indemnify and hold harmless DZ4Ad.com, its Partners, agents, affiliates, and licensors from any third party claim or liability arising out of or related to Targets, Creative, Destinations, Services, Use and breach of these Terms by Customer. Partners are intended third party beneficiaries of this Section.
Term. DZ4Ad.com may add to, delete from or modify these Terms at any time without liability. Customer should look at these Terms regularly. The changes to the Terms will not apply retroactively and will become effective 7 days after posting. Either party may terminate these Terms at any time with notice to the other party. The parties agree to waive any provisions of local law which may limit, restrict, require a court order, or otherwise inhibit DZ4Ad.com's ability to terminate these Terms at its sole discretion. DZ4Ad.com may suspend Customer's ability to participate in the Programs at any time. In all cases, the running of any Customer campaigns after termination is in DZ4Ad.com's sole discretion.
PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE FAQ BEFORE REGISTERING FOR THE DZ4Ad.com PUBLISHER ONLINE PROGRAM. PARTICIPATION IN THE DZ4Ad.com PUBLISHER ONLINE PROGRAM INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS.