Before creating an account with PopUnderTOTAL make sure that you throughly read our Terms of Service.
The Terms cover matters regarding your participation in:
Use of the terms "we" and "us" in these Terms means PopUnderTOTAL.
PopUnderTOTAL may amend the Terms at any time by posting revised Terms on the Site, and/or sending information regarding the amendment to the email address you provide to PopUnderTOTAL. You are responsible for regularly reviewing the Site to obtain timely notice of such amendments. You shall be deemed to have accepted such amendments by continuing use of the Site or of your Account after such amendments have been posted or information about such amendments has been sent to you.
By creating an Account, you represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the jurisdiction in which you reside, and that you possess the legal right and ability to agree to and be bound to these Terms. You agree to be financially responsible for your Account and to comply with your responsibilities and obligations as stated in these Terms and in any policies or procedures posted on the Site, including but not limited to those for deposits of funds, account cashouts, payment methods, and refunds. Accounts are non-transferable.
As part of the Account registration process, you will be required to submit an email address and password and to provide contact and billing information. You agree that you will not knowingly select or use the email address of another person or impersonate another party, use an email address subject to the rights of any other party without authorization, or use an email address that PopUnderTOTAL, in its sole discretion, deems inappropriate or offensive. PopUnderTOTAL may refuse to permit you to use a specific Account name or email address for any reason. You are entirely responsible for the accuracy of your information and keeping it up-to-date and for maintaining the confidentiality of your password and contact/account information; failure to do so will constitute a breach of these Terms and PopUnderTOTAL reserves the right to terminate your Account. You agree to immediately notify PopUnderTOTAL of any unauthorized use of your Account or any other breach of security of which you become aware, including but not limited to theft or unauthorized disclosure of your password. Furthermore, you understand and agree that you will be liable for any activity performed by anyone using the Site with your Account.
PopUnderTOTAL reserves the right to terminate or to suspend access to your Account at any time. Reasons include but are not limited to your breach of any of these Terms, any credit or payment issues, if we are unable to verify any information you provide to PopUnderTOTAL, and if we believe that your actions are illegal, fraudulent, harassing, abusive, or may cause legal liability or other harm for PopUnderTOTAL, Account holders, or any other party.
Funding Your Account:
You may fund your account in two ways: (1) you can deposit funds into your account via a wire transfer, or PayPal ("Deposited Funds"); and (2) you can earn funds by selling traffic as a publisher ("Earned Funds"). Deposited Funds will appear in your Account balance and be available for you to purchase ads; however, Deposited Funds may not be cashed out. If your Account is inactive for a twelve-month period, your Account balance will be charged as an inactive fee. PopUnderTOTAL may, but has no obligation to, give you prior notice of the imposition of any inactive fee.
Limited License to Use Site:
Subject to your payment of the applicable fees and compliance with these Terms, PopUnderTOTAL grants you a non-transferable, non-exclusive limited license to use the Site (including, if applicable, PopUnderTOTAL's ad serving code) to buy and/or sell traffic, but not to make any other commercial or other use of the Site or any portion thereof.
Your license is effective until terminated as set forth in these Terms. This license will terminate if you fail to comply with any term or condition of these Terms and PopUnderTOTAL will have no obligation to provide notice to you of such termination.
PopUnderTOTAL reserves all rights not expressly granted herein.
Use Requirements and Restrictions:
In connection with your use of the Site or your Account, if you are a publisher or seller of ads, you agree to:
If you are a publisher or seller of ads, and if you sell or otherwise transfer to another party one or more of your websites, then if the other party validly has its own Account in good standing, you may request that PopUnderTOTAL transfer ("Push") those websites from your Account to that other party's Account. PopUnderTOTAL shall have no obligation to Push such websites if that other party does not have a valid and complete publisher Account.
In connection with your use of the Site or your Account, you must not:
Copyright and Trademark Notice:
The content, organization, graphics, design, compilation, and other matters related to PopUnderTOTAL and the Site are protected under applicable copyright, trademark and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, framing, use or publication by you of any such matters or any part of the Site is strictly prohibited. In addition, the entire Site is protected as a collective work under the United States and other copyright laws. The collective work includes works that are licensed to PopUnderTOTAL and that are the property of PopUnderTOTAL's licensors, which are also protected by copyright and other intellectual property laws. You do not acquire ownership rights to any content or other materials viewed through the Site.
All trademarks, service marks, logos, trade names, and any other proprietary designations of PopUnderTOTAL used herein are trademarks or registered trademarks of PopUnderTOTAL. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.
Content of Advertisements:
All content in advertisements bought or sold through this Site, including without limitation data, text, images, sound, video and other information and materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the party from which such Content originated. You, therefore, are solely responsible for all Content that you submit to be placed as advertising or that you upload, post, display, email, transmit or otherwise make available through the Site. PopUnderTOTAL does not control the Content and does not guarantee the accuracy, integrity or quality of any Content. Under no circumstances will PopUnderTOTAL be liable in any way for any Content, including but not limited to any errors or omissions therein or any loss or damage of any kind incurred as a result of the use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness thereof.
Links to Third Party Sites:
The Site may have links or direct you to websites, software or services owned or operated by third parties ("Third Party Properties"). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over any Third Party Properties. We are not responsible for the content and operation of such Third Party Properties, or the privacy or other practices of such Third Party Properties.
Intellectual Property Rights Policy:
Site users and Account holders are contractually prohibited from providing materials that infringe third party intellectual property rights (including copyright). If you believe that your intellectual property rights have been infringed by one of our Site users or Account holders, please send us email with the following information:
Please send the written notification to : email@example.com
If you inform us that your rights are being infringed by one of our users or Account holders we may, in our discretion, remove the infringing materials from being available on the Site and, if such user or Account holder continues to infringe your rights (or infringes the rights of others), terminate such user's or Account holder's use of the Site.
Please note that you will be liable for damages, including costs and attorneys' fees, if you materially misrepresent that any material is infringing your intellectual property rights.
Advertisers Refund Policy
You are entitled to request for a refund in the following cases:
First, if there has been an incorrect payment transaction.
Second, if you have made a prepayment and you prove that the actions forming the basis of the pricing model of your Campaign are based on a Publisher fraudulent activities. In order to detect and prove Publishers fraudulent activities you undertake to send to PopUnderTOTAL a weekly detailed report of sources/websites you consider to be fraudulent. In case the Publisher fraudulent activities cannot be clearly identified based on your report, PopUnderTOTAL is entitled to request additional proof from you. If you fail to submit a weekly report or additional proof regarding the Publishers fraudulent activities, PopUnderTOTAL may refuse to give a refund and adjust your balance accordingly. In case you are using post-payment method and you are able to prove Publishers fraudulent activities pursuant to this clause, PopUnderTOTAL will not invoice you for the agreed actions based on Publisher fraudulent activities.
Third, if at the end of the validity of the Contract it appears that you have spent for PopUnderTOTAL services less than you have prepaid. In such a case you are entitled to ask for a refund within 30 days after the termination of the Contract, provided that the amount of your unused balance is at least 100 USD. Before refunding, PopUnderTOTAL will have to finalize all not invoiced spending and make necessary adjustments where needed. After finalizing all current statistics, your unused balance will be refunded to you at your request, minus an administrative fee of 10% to cover PopUnderTOTAL costs and fees related with the management of giving a refund, within 30 working days.
You shall indemnify, defend and hold PopUnderTOTAL, its affiliates, licensors, Account holders, Site users, and each of their owners, directors, officers, employees, agents and representatives (the "Indemnitees") harmless from any and all damages, liabilities, losses, costs (including reasonable attorneys' fees), and expenses incurred or suffered by such Indemnitees arising out of, or in connection with, any claim based upon or arising out of (i) any breach or violation of these Terms or any policy or guidelines referenced herein by you; (ii) your gross negligence or willful misconduct; (iii) your submission of Content and Posts; or (iv) your use or misuse of this Site.
Disclaimer of Warranties:
THIS SITE, AND ALL INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." PopUnderTOTAL DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION OR WARRANTY THAT USE OF THE SITE ITSELF WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS-FREE NOR DOES PopUnderTOTAL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE AND THE SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL PopUnderTOTAL, ITS AFFILIATES, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES HAVE TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE OR ANY SERVICES PROVIDED THERETO (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION, INFRINGEMENT OR OTHER CONTRACT OR TORT CLAIMS) IN EXCESS OF THE AMOUNT OF DAMAGES ACTUALLY INCURRED BY YOU UP TO THE GREATER OF: (I) THE AMOUNT OF THE TOTAL FEES PAID BY YOU TO PopUnderTOTAL DURING THE MOST RECENT TWELVE MONTH PERIOD AND (II) THE AMOUNT PAID TO YOU IN COMMISSIONS DURING THE MOST RECENT TWELVE MONTH PERIOD. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PopUnderTOTAL, ITS AFFILIATES AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER ENTITY OR THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR COVER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, SERVICE INTERRUPTION, DEVICE OR COMPUTER FAILURE, LOST SAVINGS AND STATUTORY DAMAGES) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF PopUnderTOTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT AND RECOURSE WITH ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE. The foregoing limitations allocate the risks between PopUnderTOTAL and you and shall apply notwithstanding any failure of essential purpose of any limited remedy.