TulipSearch.com Advertiser Terms and Conditions
1. General. These are the terms and condiitions for use of the TulipSearch.com service. By opening an account with tulipsearch.com ("the service"), the advertiser/agency ('you") are entering into a legally binding and enforceable legal agreement with tulipsearch.com and agree to be bound by the terms of this agreement. This agreement supersedes any previous agreements between tulipsearch.com and the advertiser/agency relating to the subject matter set forth herein. Tulipsearch.com retains the right to change or amend these terms of notice at any time without prior notice. The publication of changes to the terms and conditions on this page shall constitute notice. Tulipsearch.com reserves the right to end the tulipsearch.com service at any time without liability if conditions warrant, or to change the advertising specifications used in its ad delivery.
2. Payment: You agrees to pay tulipsearch.com all applicable charges to your account in United States dollars, in accordance with the terms of the program and in accordance with the billing terms in effect at the time the fee becomes payable. You agree that the initial $10.00 credit all new accounts receive can only be applied toward click charges and is not redeemable for cash, cash equivalents, or other credits. You understand that you will be charged for all clicks on your search listings, and that such charges will be based on the number of clicks on all your search listings, multiplied by the amount you have bid for each such search listing.
3. Site Standards: Web sites participating in the tulipsearch.com advertising program may not promote: violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; or violate or infringe upon the rights of any third party, including intellectual property rights. We do not accept pharmaceutical advertisements or adult advertisements. Accounts with listings linking to such material are subject to termination. tulipsearch.com reserves the right to terminate any account which violates this user agreement at any time without prior notice.
4. Your Web Site: You hereby acknowledges that tulipsearch.com is not responsible for maintenance of your web site(s). You are responsible for updating search listings for changes in links and/or content.
5. Right to Reject Listings: tulipsearch.com reserves the right, without liability, to reject or terminate any and all listings, with or without pruior notice, whether new or submitted by current account holders, that do not meet the standards of the tulipsearch service, as outlined within this agreement.
6. Key Words and Phrases: tulipsearch.com offers no exclusivity on keywords or phrases. Each advertiser will be given ranking positions based upon the bid they enter on keywords and phrases.
7. Cancellation or Termination: If you are not satisfied with services provided by tulipsearch.com, or with any of the terms and conditions contained herein, you sole remedy is to terminate your account. The $10.00 credit given upon the opening of your account is non-refundable. Any funds remaining in your account after deducting current click charges will be refunded within 30 days of termination of your account. Bonus/promotional funds and account opening credits may be applied only to click charges and are nonrefundable. Cancellations can be made via the advertiser login account center.
8. Representations and Warranties: You represent and warrant that you have sufficient authority to enter into this agreement. You represent and warrant that each of your search listings meets the standards and requirements of participation in the tulipsearch.com advertising program, as outlined in these terms and conditions. You will not hold tulipsearch.com, its owners or affiliates liable or responsible for the activities of visitors who come to your site(s) through a link provided from tulipsearch.com.
9a. Indemnification: Advertiser agrees to indemnify and hold harmless tulipsearch.com, and its affiliates, from and against any losses, costs, damages or expense including reasonable attorneys' fees resulting from claims or actions arising out of or in connection with advertiser's website content or advertiser's breach of any agreement, representation or warranty hereunder, including, without limitation, claims for infringement of copyright or other intellectual property rights and violation of rights of privacy and publicity.
9b.Licenses and Indemnification. You grant tulipsearch.com the right to use, reproduce, publicly display and distribute advertiser's advertisments and collateral information and warrants that advertiser/agency has the right to grant such license. Advertiser/Agency represents that the advertiser is the owner or is licensed to use the entire contents and subject matter contained in its advertisements and collateral information, including, without limitation, (a) the names and/or pictures of persons; (b) any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services; and (c) any testimonials or endorsements contained in any advertisement submitted to tulipsearch.com. In addition, advertiser/agency represents that the advertiser's advertisements and collateral information do not violate any applicable local, state or federal law or regulation. In consideration of tulipsearch.com's acceptance of such advertisements and information for publication, the advertiser and agency will jointly and severally indemnify and hold harmless tulipsearch.com and its officers, directors, shareholders, employees, accountants, attorneys, agents, parent, affiliates, subsidiaries, successors and assigns from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to: (i) advertiser/agency's breach of any covenants, representations and warranties made therein, (ii) tulipsearch.com's performance under this contract, and (iii) the copying, printing, distributing, transmitting or publishing of advertiser's/agency's advertisements or collateral information by tulipsearch.com.
10. DISCLAIMER AND LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT USE OF THE TULIPSEARCH.COM SERVICE AND SITE IS AT YOUR OWN RISK. TULIPSEARCH.COM MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE INCLUDING, WITHOUT LIMITATION, THE NUMBER OF CLICK-THROUGHS WHICH WILL BE DELIVERED. TULIPSEARCH.COM SHALL NOT BE LIABLE FOR THE CONTENTS OF ANY WEB SITES OR PAGES, NOR FOR ANY LOSS, COSTS, DAMAGE OF EXPENSE INCLUDING REASONABLE ATTORNEY�S FEES INCURRED BY ADVERTISER INCLUDING, WITHOUT LIMITATION, FOR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA OR OTHER INJURY DAMAGE OR DISRUPTION TO ADVERTISER. IN NO EVENT SHALL TULIPSEARCH.COM LIABILITY EVER EXCEED THE TOTAL AMOUNT PAID TO TULIPSEARCH.COM BY ADVERTISER HEREUNDER. IN NO EVENT SHALL TULIPSEARCH.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT TULIPSEARCH.COM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. TULIPSEARCH.COM WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE PARTIES, A DELAY IN CHANGING A BID BY YOU, OR IF ITS SITE BECOMES INOPERABLE OR INCAPABLE OF PERFORMING AS INTENDED. TULIPSEARCH.COM MAKES NO REPRESENTATIONS THAT THE OPERATION OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. MISCELLANEOUS: This agreement shall be governed by and construed in accordance with the laws of the State of New York and jurisdiction and venue of all matters relating to this agreement shall be vested exclusively in the State of New York, County of New York courts, and you agree to the jurisdiction of such Courts. No waiver, modification or addition to this agreement shall be valid. This agreement constitutes the entire agreement between the parties relating to the participation in the tulipsearch.com pay-per-click program. tulipsearch.com reserves the right to change these terms and may change this agreement by posting such changes. Your continued participation following such changes shall be deemed as agreement to such changes. tulipsearch.com reserves the right to discontinue its pay-per-click and other advertising programs at any time.
12. Advertising Delivery, Frequency, and Statistics. All figures relating to the number of advertisements served as determined by tulipsearch.com shall govern, regardless of whether advertiser/agency is using the services of a third party ad server.