165,484,655
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- 3.12.12 Introducing the Availability Tool
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- 1.18.12 Maps, Stats & Graphs: The NEW Dashboard
PLEASE READ CAREFULLY – THIS IS A BINDING CONTRACT
BY CLICKING THE "ACCEPT" BUTTON FOR THIS AGREEMENT OR ACCEPTING ANY MODIFICATION TO THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU CONFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THIS AGREEMENT, IN WHICH CASE "YOU" SHALL MEAN SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST SELECT THE "DECLINE" BUTTON AND YOU MAY NOT USE THE SERVICES.
These are the Terms of Service and Client Agreement between GeoRiot, LLC ("GeoRiot") and the client (also referred by as "You") and will govern the client’s participation in the GeoRiot service for the duration of the contract and for eighteen months after.
GeoRiot provides you online tools for use with your website or mobile application (“property”). Such tools include services to implement specialized links into your property directing users of that link through specialized links to affiliate networks and advertisers. These links may use the geography of the user and a translation of the link in order to best direct the user. Such tools may also include specialized metric tracking based on analytic and reporting services as well as information gathered by the client's use of the GeoRiot services.
-GeoRiot will skim the agreed upon target percentage of affiliatiable clicks beginning with unsupported clicks. If the total number of unsupported clicks falls below the target percentage, supported clicks may be skimmed to reach the target percentage.
-Due to unpredictable traffic to a client’s property, GeoRiot will attempt to skim no more than the target percentage but the actual percentage may fluctuate. Fluctuations will be minimized by calculating the actual skim percentage over a sliding time window.
-GeoRiot reserves the right to skim 100% of clicks originating from countries unsupported by the client. If the amount of unsupported clicks is equal to or greater than the target percentage, GeoRiot will not skim supported clicks. However, even if the target percentage is met entirely by unsupported clicks, some
supported clicks may still be skimmed due to the fluctuation of source traffic. GeoRiot will attempt to minimize the number of supported clicks skimmed during a period where the target percentage is reached by unsupported clicks.
- GeoRiot will not actively skim clicks from your base county. The base country is defined as the country from which the links are based or corresponds with the GRID value used in the link.
- Skimmed clicks will be selected at random. GeoRiot will not discriminate based on time of day, geographic location, affiliate network, or affiliate program.
- There are no warranties, expressed or implied, associated with this service or GeoRiot in any way.
- Use of the GeoRiot service does not imply acceptance into any of the associated advertisers or affiliate networks, services, or programs.
- GeoRiot does not guarantee an improvement in your site's revenue, number of clicks, commissions, orders, or conversion rate from using the service or working with GeoRiot.
- GeoRiot is not responsible for any adverse effects attributable to this service unknown to GeoRiot at this time, and GeoRiot is not liable for any damage resulting from these unforeseen events.
- GeoRiot neither approves nor endorses any client's site or it's content.
- GeoRiot neither endorses nor is associated with any affiliate network or advertiser, including but not limited to LinkShare, LinkShare Japan, DGM, TradeDoubler, iTunes, Apple, or Amazon.
- GeoRiot shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other losses (even if we have been advised of the possibility of such damages) in connection with this agreement or using the service. This includes damages resulting from the use or the inability to use the GeoRiot service, the cost of procuring substitute services or information, and unauthorized access to or alteration of your content.
- GeoRiot is not liable for lost clicks due to the service being interrupted. GeoRiot will restore service as quickly as possible but sets no time frame in which interruptions will be fixed. GeoRiot may require action from you to restore service and you are requested to comply as quickly as possible.
- GeoRiot is not liable and cannot be held accountable for issues or errors in regards to the affiliate networks or advertisers handling of clicks or links.
- The client agrees to defend, indemnify and hold harmless GeoRiot and GeoRiot Related Parties, and its and their directors, officers, employees, agents, subcontractors and representatives for and against any and all claims, actions, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable attorneys' fees) that directly or indirectly arise out of or are based on: any misrepresentation or breach of any representation, warranty, or covenant made by You in this Agreement, any conduct, or activity, error or omission by You, including in relation to Your participation with the GeoRiot service, performance of any GeoRiot related activities, or otherwise, any violation by You of any law, regulation or rule, Your use of any other GeoRiot offerings, and/or any actual or alleged infringement by You of any Intellectual Property Rights or other rights of any person.
- The client may not attempt to exploit the GeoRiot system or services in anyway including hacking or SQL injections.
- The client may not attempt to reverse engineer the GeoRiot system or service in anyway.
- The client may not intentionally disrupt any of the GeoRiot services or those of its clients.
- The client may not impede the GeoRiot services or those of its other clients.
- GeoRiot will strive to maintain maximum uptime, however, if a service goes down GeoRiot is in no way to be held responsible.
- GeoRiot is allowed to and will take the service down to provide system upgrades as necessary. GeoRiot will attempt to give you advanced notice but is not required to.
- All use of the GeoRiot system, tools, and processes, internally and externally, is confidential.
- All communication between GeoRiot and the client is confidential.
- While GeoRiot is providing services for the client or at any time during the 18 month period following the client's termination of GeoRiot services, the client shall not disclose GeoRiot Confidential Information.
- The GeoRiot dashboard and system control panel are to be kept confidential. You will need prior written permission to show screen shots of the control panel or discuss, verbally or written, the inner operations of the system in which a client may become privy to during normal use of the system.
- This agreement may be modified at any time without notifying the client or anyone else. Any modified agreement must be digitally signed by the client upon next login to the GeoRiot dashboard in order to continue use of GeoRiot. However, the modification of the agreement goes into effect when it is published and not when the client digitally signs the document.
- Use of the service is "at will" by both parties. Termination may be made by either party at any time with, or without reason or explanation.
- In the case of termination by GeoRiot, an email will be sent to the client's main account email stating the termination. Explanation of the termination is not required by GeoRiot. In case of termination, the GeoRiot service will immediately stop serving your tracking code but may continue to redirect links. Any clicks made from the client's site after termination will belong to GeoRiot, and are no longer under the skimming rules outlined earlier in this document, as it is your responsibility to immediately remove all specialized links from your properties
- If termination is initiated by the client, GeoRiot must be notified either by submitting the website termination form or, if unavailable, sending an email to contact@georiot.com with your termination request. The client is then responsible for clearing any specialized GeoRiot links from their properties.
- Although GeoRiot may preserve client data for an indefinite period after termination, the client forfeits any rights or access to this data or the metrics created from this data, upon terminating or being terminated from the service.
- In an attempt to create meaningful analytics, GeoRiot may collect, compile and aggregate data on activity happening inside
the service and originating from your properties.
- All data from GeoRiot is confidential and copyrighted by GeoRiot, and the client is not allowed access to sell or use the data outside the GeoRiot dashboard. Although download or export options may be available for the client, they are only to be used for back-up and storage by the client.
- GeoRiot, by no means guarantees the compiled data is accurate, timely, or free of errors and is not liable for any decision, in whole or in part, the client makes from using the provided data.
- The data collected by your property’s activity may be used by GeoRiot for any reason, without your permission, but GeoRiot will not present the data in anyway that data could be identifiable, extracted or extrapolated about a specific client.
- GeoRiot will provide reasonable resources in order to secure and protect this data but if client‘s click data is lost, GeoRiot has no responsibility to resurrect the data and has no obligations to the client.
- If the client chooses to provide the necessary information to programmatically connect to the relevant affiliate networks (such as with a token or user name and password), then data reported by the affiliate networks may also be included in the compiled data and analytics. This data, in a compiled form, may be available to the client via the GeoRiot dashboard as long as the client utilizes the service, and is in good standing with GeoRiot.
- If the client wishes for extended website reporting capabilities, and this functionality is available from GeoRiot, the client will be required to create an account with Google Analytics, fully and correctly implement the Google Analytics tracking code on their properties, and add georiot@gmail.com as an authorized read only user. This data will be aggregated with the existing data from GeoRiot and its other clients in order to provide more thorough analysis. The client grants permission to GeoRiot to aggregate the client’s Google Analytics data with other resources and to create benchmarking services by enabling the georiot@gmail.com account. This benchmarking service may require extra compensation for availability to the client. Use of the benchmarking data is not a requirement for using the GeoRiot service.
- The client ensures that the client's properties are within full legal compliance of all international and national laws regarding this subject. The client will not use the GeoRiot service for sites that have pornography or sexually explicit content, are racist or have hate content, use or is part of adware or spyware, rely on or generates artificial traffic or forced clicks, or use, or is part of illegal Peer2Peer or file sharing activities either currently or in the future. The client site must not partake in email activity considered SPAM, a pyramid scheme, or chain letters.
- The client will not provide a similar or competing service to any third party while a client or for at least eighteen months after terminating service with GeoRiot. Digitally signing and accepting this agreement constitutes the same as signing and accepting a non-compete. Penalty for breaking this condition can include legal action and civil fines to the highest amount possible.
- The client will not use the GeoRiot service in conjunction with fraudulent means. This includes, but is not limited to, affiliate cookie stuffing. All traffic sent through the GeoRiot service must originate from an organic click and not be forced.
- The client is permitted to route the click through internal means on their site or app before sending it to the GeoRiot service. This includes using an internal proxy for analytics gathering or to keep URLs clean inside the properties. The client is also permitted to override the link's "hover text" or the browser's status bar text of a GeoRiot enabled link. When modifying either the status bar or hover property the text shown will be the approximate final destination of the URL being modified or relevant information about the URLs final destination.
- The client is not permitted to modify headers or IPs, when sending links to GeoRiot, this includes, but is not limited to, forging or spoofing request or client headers or IPs. Clients are also not permitted to modify GeoRiot URLs or parameters in any sort of fraudulent manner.
- If the client suggests improvements to GeoRiot or related service, then GeoRiot shall own all right, title, and interest in and to the same, even if the client has designated the communication as confidential, and GeoRiot shall be entitled to use the communication without restriction. The client hereby irrevocably assigns all the rights, titles, and interests in and to the communication or suggestion to GeoRiot and agrees to provide GeoRiot such assistance as may be required to document, perfect, and maintain rights to the communication.
- All communications and notices to be made or given pursuant to this Agreement shall be in the English language.
- This Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of Washington. Any disputes arising out of this Agreement shall be brought in the federal or state courts located in King County, Washington, United States of America.
- Skimming- "Skimmed clicks” are clicks which will be routed to their final destination with GeoRiot’s affiliate tracking parameters instead of the affiliate tracking prameters of the client.
165,484,655
clicks served