Contextual Choice Marketing Inc.

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TERMS & CONDITIONS

These Contextual Choice Marketing Inc. Terms and Conditions ("Terms") are entered into by you and Contextual Choice Marketing Inc. regarding the Contextual Choice Marketing Inc. Program ("Program") as further described at the Contextual Choice Marketing Inc. website at http://www.contextualchoice.com (collectively, the "Agreement"). You represent and warrant that you are authorized to act on behalf of, and bind to this Agreement, yourself and/or any third party for which you generate ads.

1. Policies. Program use is subject to all applicable Contextual Choice Marketing Inc. policies. Contextual Choice Marketing Inc. may suspend any ads that do not comply with any Contextual Choice Marketing Inc. policies or for any reason whatsoever at Contextual Choice Marketing Inc.'s sole discretion. Changes and/or additions to these Terms may occur at any time and will be posted to the http://www.contextualchoice.com  website. You hereby agree to abide by any such newly posted changes and/or additions to these Terms as if they were fully written herein.

2. The Program. You are solely responsible for all: (a) keyword selections, category selections, domain selections, all ad targeting options and all ad content; and (b) web sites reachable from your landing URLs and your services and products. You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. Ads may be placed on any content or property provided by Contextual Choice Marketing Inc., and unless opted-out by you any other content or property provided by a third party ("Partner") upon which Contextual Choice Marketing Inc. places ads. Contextual Choice Marketing Inc. and Partners may reject or remove any ad or Target for any or no reason. You may independently cancel online any campaign at any time (such cancellation is generally effective within 24 hours). Contextual Choice Marketing Inc. may cancel immediately any ad at any time without notice (additional notice is not required to cancel a reactivated account).

3. Password. Your password is critical information to uniquely identify you. Please keep it secure and do not share it with anyone. Contextual Choice Marketing Inc. is not responsible if your password is lost or stolen under any circumstances. You hereby agree that Contextual Choice Marketing Inc. is not responsible in any way for the use and/or protection of your password.

4. Prohibited Uses. You shall not yourself nor authorize any party to: (a) generate automated or fraudulent impressions or clicks; or (b) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your ad is displayed. You represent and warrant that all of your information is correct and current; you hold and grant Contextual Choice Marketing Inc. all rights to copy distribute and display your ads; and such use and websites linked from your ads (including services or products therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of this Agreement or your account without notice and may subject you to legal penalties and consequences. Contextual Choice Marketing Inc. specifically DOES NOT warrant that all targeted ads will be 100% correctly targeted.

5. Payment. You shall be charged based on actual ads shown and pay all charges in U.S. Dollars. You may pay in other currencies, but all charges will be converted to US Dollars at the time of deposit at the then current exchange rate as determined by the then current payment processor(s) that Contextual Choice Marketing Inc. is using. You will be responsible for paying any exchange fees. Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and reasonable expenses and attorney fees Contextual Choice Marketing Inc. incurs collecting late amounts. You waive all claims relating to charges unless claimed within 60 days after the charge. Charges are solely based on Contextual Choice Marketing Inc.'s measurements. Refunds (if any) are at the discretion of Contextual Choice Marketing Inc. and only in the form of advertising credit for Contextual Choice Marketing Inc..

6. Refund Policy.  As each ad is shown Contextual Choice Marketing Inc. will deduct the amount you bid per ad from your Contextual Choice Marketing Inc. deposit account. Once an ad is shown, Contextual Choice Marketing Inc. has performed its services and is entitled to collect your bid amount for that ad. There are no further warranties or cancellations or refunds available to you once the ad is shown and the bid amount deducted from your account. Contextual Choice Marketing Inc. is not responsible if your supplied target URL does not display properly as that is your responsibility and no refunds are available in such case. Please remember that the more restrictive the targets on the ad, the fewer will be shown each day. You understand and agree that some campaigns may take months to fulfill, due to the targeting restrictions that you have selected. You may cancel your account at any time and request a refund of the unused balance in your account. To request a refund of this unused account balance you must suspend all campaigns and email us at info@contextualchoice.com requesting a refund of the unused account balance and provide us with your account email address, your Contextual Choice Marketing Inc. account PASSWORD, a payee for the refund check and an address to send the check to. All unused account balance refunds will be sent via check mailed first class mail. No unused account balance refunds will be given via credit card or Paypal or any other payment method, regardless of how you deposited the funds with Contextual Choice Marketing Inc. initially.

7. Indemnification. You shall indemnify, defend and hold Contextual Choice Marketing Inc., its agents, affiliates, and licensors harmless from any third party claim or liability (including without limitation reasonable legal fees) arising out of your use of Contextual Choice Marketing Inc. and breach of the Agreement. You further specifically indemnify, defend and hold Contextual Choice Marketing Inc., its agents, affiliates, and licensors harmless from any third party claim of liability (including without limitation reasonable legal fees) arising out of your use of Contextual Choice Marketing Inc. to display your ads and/or website to any user in any jurisdiction where it is illegal.

8. DISCLAIMER AND LIMITATION OF LIABILITY. CONTEXTUAL CHOICE MARKETING INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. CONTEXTUAL CHOICE MARKETING INC. DISCLAIMS ALL GUARANTEES REGARDING THE LEVELS OR TIMING OF COSTS PER CLICK, CLICK THROUGH RATES OR DELIVERY OF ANY IMPRESSIONS, POSITIONING, CLICKS OR CONVERSIONS FOR ANY ADS. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER: (A) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (B) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO CONTEXTUAL CHOICE MARKETING INC. BY YOU FOR THE AD GIVING RISE TO THE CLAIM. EXCEPT FOR PAYMENT, NEITHER PARTY IS LIABLE FOR FAILURE OR DELAY RESULTING FROM A CONDITION BEYOND THE REASONABLE CONTROL OF THE PARTY, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, GOVERNMENT, TERRORISM, NATURAL DISASTER, LABOR CONDITIONS AND POWER FAILURES.

9. Privacy and Data Collection. Contextual Choice Marketing Inc. does not collect personally identifying information from its users unless users have explicitly given such information to Contextual Choice Marketing Inc. (for example, when becoming an advertiser or when sending us an e-mail with a question). Contextual Choice Marketing Inc.'s privacy policy is part of this Agreement, and you agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights. If you have entered into another agreement with Contextual Choice Marketing Inc. (such as an Affiliate Agreement or an Advertiser Agreement), then you may be subject to additional or different provisions regarding privacy and data collection. You should consider any communication that you transmit to Contextual Choice Marketing Inc. (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that Contextual Choice Marketing Inc. will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.

10. Miscellaneous. The Agreement must be construed as if both parties jointly wrote it, governed by the law of the country of Canada and adjudicated in the country of Canada. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any conflicting or additional terms contained in additional documents and/or oral discussion is void. You may grant approvals, permissions and consents by email, but any modifications to the Agreement must be made in a writing (not including email) executed by both parties. Notice to you is acceptable by sending email to your specified email address and is deemed received when sent. A waiver of any default is not a waiver of any subsequent default. You may not assign any of your rights hereunder and any such attempt is void. Contextual Choice Marketing Inc. and you are not legal partners or agents, but are independent contractors.

I accept the preceding terms and conditions.