Publisher Terms of Service

Please read this publisher agreement carefully before using the Buxr Widget. By clicking "accept" during sign-up you agree to the terms and conditions of this agreement. If you do not accept these terms, you will not have the right to publish or use any type of service provided by (the "Company") provides an opportunity for you as a participant in Company's Advertising Program ("Participant") to place advertising on your website/blog ("Site") and generate income.

Company uses commission-based affiliate marketing with merchant partners ("Affiliate Merchants") to generate revenue.

Participant desires to take advantage of Company's Advertising Program to earn income. Account Eligibility Requirements:

  1. Provide company with valid email address and payee account information
  2. Be a U.S. citizen or legal resident
  3. You must be at least 18 years of age
  4. Your account information must be to date
  5. You agree with all terms and conditions in this agreement and related privacy policy agreements

As a Participant in Company's Advertising program, you agree that you have read, understood, and agree to the following "Terms and Conditions" and consent to be bound by all of the Terms and Conditions including any amendments and updates.

The parties hereto, in consideration of the mutual promises contained herein and intending to be legally bound hereby, agree as follows:

Terms and Conditions

1. Participant agrees that he will place ads provided by Company on the Site. Company agrees that it will provide ads to Participant.

2.  Participation in the Advertising Program is subject to Participant's continued compliance with the Company's Policies set forth in Apendix A. Participant can place ads on any Site as long as the the Site meets the program policies listed in Appendix A.

3. Company grants Participant a non-exclusive license to install and use the HTML/Javascript code solely for the purpose of providing ads for display on the Site. Company reserves the right to add additional features or functions at any time, without asking or receiving your approval. Changes to this Agreement may be made by Company at any time and will be posted on Company's website. Participant's continued participation in the Advertising Program will constitute consent to the revised terms.

4. You may not modify the HTML/Javascript code in any way. You may not rent, sell, lease, sub-license, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the HTML/Javascript code or use the code for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You understand that the code is licensed not sold, and all rights not expressly granted herein are reserved to Company.

5. The HTML/Javascript code assists in tracking the transactions in connection with the Advertising Program and reports such information to Company and its Affiliate Merchants as necessary for you to obtain the benefits of the Advertising Program. The code also communicates with Company and its Affiliate Merchants' servers, and Company and its Affiliate Merchants may obtain certain information regarding your use of the Advertising Program (such as IP address, type of browser, referring URL) however such information does not include personally identifying information. Use of such information is subject to the Company's Privacy Policy and will not be shared with outside agencies as described therein. Participant's use of the code and the Advertising Program is voluntary. You may terminate your participation in the Advertising Program at any time.

6.  Participant agrees to:

a. comply with the technical specifications provided by Company to ensure proper display of the ads.
b. place on the Site the HTML/Javascript code necessary to display the ads. Such HTML/Javascript code will be provided by Company.
c. test the functionality and appearance of the ads and test the links to the ads.
d. not intentionally post misleading information with regard to the ads.
e. display the ads in the order, manner and format received from Company and not to alter either the ads or any licensed marks appearing in the ads.
f. not collect trends or data or information from the ads without prior written consent of Company.
g. not disclose proprietary information about Company and/or its ads, Providers, including URLs and parameters used to access ads. Any affiliates of the Participant must access ads through the Participant and not directly through Company;
h. not utilize any means which would inhibit the Site's Visitor's internet browser from passing the referring URL to Company.
i. take sole responsibility for the Site, including all content and materials, maintenance and operation thereof, the proper implementation of Company's technical specifications, and adherence to the terms of this Agreement, including compliance with the Company's Policies. Company is not responsible for anything related to the Site and shall not be obligated to provide notice to Participant in the event that ads are not being displayed properly to the visitors to the Site.
j.  direct to Company, and not to any advertiser, any communication regarding any ad displayed in connection with the Site.
k.  take  responsibility for maintaining accurate account information at all times, including valid email and regular mail address information, and phone number. Company is entitled to act on instructions received under your password as a Company Participant and in connection with your  account. You are responsible for keeping your email address, passwords, account numbers, and other account information confidential. Company is not responsible for any credits or debits made to your account by someone else who uses your password. Company will not be responsible for any losses or liabilities incurred through the use of your password by a third party.

7.  Participant earns income when a visitor to the Site clicks on an Affiliate Merchant link and purchases a product from the Affiliate Merchant. Upon such purchase, the Affiliate Merchant credits Company with a percentage of the purchase price as a commission. Company agrees it will share such earned commissions with Participant on a 70%-30% basis. Determination of whether or not a purchase made through an Affiliate Merchant is a commissionable purchase is at the sole discretion of the Affiliate Merchant. Company is not responsible for tracking problems resulting from incorrect usage of the Company's HTML/Javascript code, the Site, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, Affiliate Merchants' errors/omissions or from any other failure of tracking mechanisms.

8. Once Company receives payment for any transaction and the return period defined by the Affiliate Merchant has expired, the Participant's balance, adjusted for returns or other such variables, will be moved into the from "Pending" to "Available" status for Payment section of your account. Any amount in the Available for Payment section will be eligible for automatic  payment when Participant has exceeded $25 in commissions in such section and Participant has provided company with complete mailing address and tax ID. Company shall pay Affiliate Commissions based on the Commissionable Transactions recorded by the Transaction Tracking Codes approximately thirty (30) to (60) days after the last day of a given calendar month, for Commissions received Company from Affiliate Merchants' in that month.  Company may make adjustments to your account for returns or cancellations. Company reserves the right to make adjustments to account at any time in accordance with this agreement. Any disagreements with account adjustments can only be remedied with discontinued use of Company service and site. Company is not responsible for termination of merchant affiliate programs or non-payment resulting of termination programs of affiliate programs partnered with Company.
9. Participant's share of commissions is subject to adjustments for returns and cancellations, receipt of information and payments on such purchases from the Affiliate Merchants and other events. In case of return or cancellation, Company retains the right to reverse account credit. In addition, Company reserves the right to make appropriate adjustments to Participant's accounts at any time in Company's sole discretion. If Participant disagrees with any adjustments made to his account, his sole remedy is to discontinue use of the Advertising Program.

10. All offers and promotions contained in the Affiliate Merchants' links are subject to change without notice. Company provides a venue for obtaining the information but has no control over the legality of any coupons or other offers made by the Affiliate Merchants, the ability of any of the Affiliate Merchants to complete the sales in accordance with the offers, or the quality of the goods offered by the Affiliate Merchants. Company has no control over whether Affiliate Merchants will honor the offers displayed and does not guarantee the accuracy or completeness of the information contained on the Affiliate Merchants' sites. In the event Participant has a dispute with an Affiliate Merchant in any way relating to the Advertising Program or the use of information from the Advertising Program, you agree to waive and release Company from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.

11. Participants can refer other publishers to Company's Advertising Program and earn 10% of the referred Participants earnings for the next 12 months. To permit accurate tracking, reporting, and commission fee accrual, Company will provide Participants with special "tagged" link formats to be used in all links between the Participant's Site and Company's Advertising Program application page.

a. Participants may not promote the "tagged" referral links by certain forms of indiscriminate advertising, commonly referred to as "spamming."
b. Participants may not promote the "tagged" links via postings to non-commercial newsgroups or cross-postings to multiple newsgroups at once.
c. Participants may promote the "tagged" referral links and the service via mailings to recipients who are already customers or subscribers to their Websites, provided that the recipients have the option to remove themselves from future mailings. Further, Participants may promote the "tagged" links via newsgroup postings to newsgroups that specifically welcome commercial messages.
d. Participants may not refer other websites that they own in full or in part.
e. In all promotions, Participants must clearly represent themselves as entities independent from Company and Company's Advertising Program.

12. Participant may be taxed on any earnings from the Advertising Program by federal, state, and local jurisdictions. In all instances, Participant will be solely responsible for any and all tax liability arising out of the earnings from  Participant's share of the revenue from the Advertising Program.    

13.  Participant may terminate this Agreement with or without cause at any time. Company may terminate this Agreement at any time, in its sole discretion, or suspend or terminate the participation of any Site under this Agreement for any reason whatsoever. In addition, Company may terminate this Agreement or cancel participation in the Advertising Program of any Site where such Site has not generated any earned revenues for a period of four (4) months. Upon termination of this Agreement, Participant agrees to remove from the Site any ads provided by Company and any and all references to Company.

14.  Participant agrees not to disclose Company's Confidential Information without Company's prior written consent. "Company Confidential Information" includes without limitation: (a) all Company software, technology, programming, technical specifications, materials, guidelines and documentation relating to the Advertising Program; (b) click-through rates or other statistics relating to Site performance in the Program provided to by Company; and (c) any other information designated in writing by Company as "Confidential" or an equivalent designation. It does not include information that has become publicly known through no breach by Participant or Company, or information that has been (i) independently developed without access to Company Confidential Information as evidenced in writing; (ii) rightfully received by Participant from a third party; or (iii) required to be disclosed by law or by a governmental authority.

15.  Company makes no representation or guarantee regarding the level of impressions or the amount of revenue or any payment to be made to Participant under this Agreement. 

16.  Participant agrees that Company may use Participant's name and logo in presentations, marketing materials, customer lists, financial reports and Web site listings of customers and therefore grants Company a limited license to use Participant's logo in accordance with the foregoing.

17.  Participant represents and warrants that (a) all of the information provided to Company in connection with this Agreement is correct and current; and (b) Participant is the owner of the Site or that Participant is legally authorized to act on behalf of the owner of such Site for the purposes of this Agreement and the Program; and (c) Participant has all necessary right, power and authority to enter into this Agreement and to perform the acts required of Participant hereunder. Participant further represents and warrants that each Site and any and all material displayed therein: (i) complies with all applicable laws, statutes, ordinances and regulations; (ii) does not breach and has not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) is not pornographic, hate-related or otherwise violent in content.

18.  Participant agrees to indemnify, defend and hold Company, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties ( e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), arising out of, related to this Agreement or which may arise from Participant's enrollment in the Program, use of the Site, and/or its breach of any term of this Agreement.

19.  Company may retain and use for its own purposes all information Participant provides, including but not limited to Site demographics and contact and billing information. Participant agrees that Company may transfer and disclose to third parties personally identifiable information about Participant for the purpose of approving and enabling Participant's participation in the Program, including to third parties that reside in jurisdictions with less restrictive data laws. Company disclaims all responsibility, and will not be liable to for any disclosure of that information by any such third party. Company may share aggregate ( i.e., not personally identifiable) information about Participant with advertisers, business partners, sponsors, and other third parties. In addition, Participant grants Company the right to access, index and cache the Site(s), or any portion thereof, including by automated means including Web spiders or crawlers.

20.  Participant acknowledges that any and all of the trademarks, trade names, copyrights, patents, and other intellectual property rights utilized by Company in connection with the performance of this Agreement will be and remain the sole property of Company. Participant acknowledges that no rights or licenses are granted with respect to any of the foregoing under this Agreement.

21.  This Agreement and any Exhibits identified herein constitute the whole agreement between the parties with respect to the subject matter hereof. Participant hereby acknowledges that it has not relied on any prior or contemporaneous representations, written or oral, not set forth in this Agreement with respect to any matter related to the interpretation or performance of this Agreement 

22.  This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws principles. Company's failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. This Agreement constitutes the entire agreement between the Participant and Company with respect to the Program.  If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. Participant may not resell, assign, or transfer any of its rights hereunder. Any such attempt may result in termination of this Agreement. Notwithstanding the foregoing, Company may assign this Agreement at any time without notice.  Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between Company and the Affiliate Merchants or between Participant and Company, but is one of independent contractors and that neither party has the authority to bind the other by contract or otherwise.

23.  Participant acknowledges and agrees that by checking the Terms and Conditions check box on the online application form, Participant is a duly authorized signatory, 18 years or older, has all the necessary authority to bind the individual, company or entity using the Advertising Program under this Agreement and is submitting a legally binding electronic signature and entering into a legally binding contract. Participant also hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

24. Company reserves the right to modify this Agreement from time to time, with or without notice. If there is a modification to the Advertising Program, Company will endeavor to notify you; however, we will not be responsible if you do not learn of the modification. Continued participation in the Advertising Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check Company 's Terms and Conditions regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Advertising Program.

25. Participating in the Advertising Program is subject to the Program Terms and Conditions. Any failure to comply with the Terms and Conditions, any fraud or abuse, or any misrepresentation of any information furnished to Company by you or anyone acting on your behalf may result in the termination of your account and the forfeiture of all earned commissions..

26. All questions or disputes regarding the Advertising Program, including without limitation, questions or disputes regarding eligibility for the Advertising Program, or the right to any commission, must be submitted in writing within 60 days of the transaction at issue, to Company.  Any such disputes shall be resolved by Company at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Company. In the event that an error is made by Company, Participant's sole remedy shall be the credit of the earned commissions in Participant's account..

Disclaimers and Limitations on Liability

The program is being provided by company "as is" and "as available". To the maximum extent permitted by law, company disclaims all representations and warranties, express or implied, with respect to the program, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose and implied warranties arising from course of dealing or course of performance.

You agree that company will not be liable for any costs or damages arising out of a dispute between you and any participating merchant, and you hereby expressly waive any such claim against company and its participants, officers, directors, employees, parents, subsidiaries, agents and representatives.

Company does not make any representations or guarantees regarding any goods or services offered or provided by affiliate merchants or suppliers in conjunction with the program. Company does not make any representations that access to this site and HTML/Javascript code will be uninterrupted or error-free, and company assumes no responsibility for any damage caused by your access, or inability to access, this site, including, but not limited to, your inability to receive your share of commissions from an affiliate merchant.

Except for any indemnification and confidentiality obligations hereunder or participant's breach of any intellectual property rights and/or proprietary interests, (i) in no event shall either party be liable under this agreement for any consequential, special, indirect, exemplary, or punitive damages whether in contract, tort or any other legal theory, even if such party has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy and (ii) company's aggregate liability to participant under this agreement for any claim is limited to the net amount paid by company to participant during the three month period immediately preceding the date the claim arose. Neither party will be entitled to make any claim nor commence any proceedings arising out of any transactions pursuant to this agreement unless the same is brought within one (1) year from the date the cause of action arose. Each party acknowledges that the other party has entered into this agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, 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 or acts of terrorism, earthquake or other acts of god, labor conditions, and power failures.

You agree to indemnify and hold company, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the program, the violation of these terms and conditions by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any participant communications.

Appendix A: Advertising Program Policies

Participant must adhere to the Advertising Program Policies as long as he participates in the Program

Ad Placement

    Multiple ads may be displayed on each Web Site page
    Ads may not be displayed on any domain parking websites, pop-ups, pop-unders, error, registration, or "thank you" pages.
    Ads may not be placed on pages published specifically for the purpose of showing ads, whether or not the page content is relevant.
    Elements on a page must not obscure any portion of the ads, and the ads colors must be such that the ad text and URL are visible.

Language: The ads code may be placed on pages with content primarily in English. ads must not be displayed on any page with content primarily in an unsupported language, without prior written consent from Company.

Prohibited/Fraudulent Clicks: Any method that artificially and/or fraudulently generates clicks is strictly prohibited. These prohibited methods include but are not limited to: repeated manual clicks, using robots, automated clicking tools, or other deceptive software.

Site Content: To maintain the integrity of Company's network, the Site's content may not include:

  • Using automated tools to interact with site
  • Copying or reproducing derivative works of the site
  • Maintaining more than one Account
  • Excessive profanity
  • Illicit drugs and drug paraphernalia
  • Pornography, adult, or mature content
  • Gambling or casino-related content
  • Hacking/cracking content
  • Excessive advertising and/or incentives (monetary or point-based) to users or third-party beneficiaries for online activity including, but not limited to, clicking on ads or links, performing searches, surfing websites, reading emails, or completing surveys
  • Pop-ups, pop-unders or exit windows that interfere with site navigation, obscure ads, change user preferences, or are for downloads. Other types of pop-ups, pop-unders, or exit windows may be allowed, provided that they do not exceed a combined total of 5 per user session
  • Content related to the sale of:
    • alcoholic beverages
    • counterfeit or stolen items
    • prescription drugs
    • tobacco and tobacco-related products
    • body parts and/or bodily fluids
    • hazardous substances and materials
    • weaponry, explosives, fireworks, and/or ammunition
  • Propaganda, potentially offensive or controversial content
  • Hate, violence, racial intolerance, or advocate against any individual, group, or organization
  • Any other content that promotes illegal activity or infringes on the legal rights of others

Site Functionality: Site must not contain broken links and must be launched, functioning, and easily navigable.

Site Responsiveness: Site must respond adequately to support requests and enquiries of their users.

Site email Policies: Site will not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with the CAN SPAM Act of 2003 or any successor legislation, and any other laws and regulations that govern email marketing and/or communications

Site Privacy Policy: Site must conspicuously post its privacy policy which will comply with all laws and regulations regarding the privacy of Visitor information, be commercially reasonable, and fully and accurately disclose the collection and use of Visitor information. The Site must fully and accurately disclose its use of third party technology, including Company's tracking technology, use of cookies and options for discontinuing use of such cookies.

Company may provide amendments and updates to the Advertising Program Policies from time to time and Participant must adhere to all revised terms.

[Updated on 10/05/10]