All Advertisers and Publishers of the HapMedia are bound by the following terms and conditions. By signing up to the HapMedia, you indicate your acceptance of these terms and conditions. Failure to use this Web site in accordance with the terms and conditions may subject you to civil and criminal penalties, as well as the immediate termination of your account. HapMedia reserves the right to withhold or refuse approval of any new or existing Web site, company, or individual with or without cause, with or without notice, regardless of whether such Advertiser or Publisher was previously accepted for membership.
In order to be eligible for the approval, all web sites and newsletters must meet the following criteria:
If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation (as determined solely by HapMedia, such as pre-population of forms or mechanisms not approved by HapMedia), you will forfeit your entire commission for all programs and your account will be terminated and all money will be refunded back to the Advertisers. HapMedia reserves sole judgment in determining fraud and you agree to this clause.
- Be content-based, not simply a list of links or advertisements, nor can the site be centered around making money off of our Advertisers
- Be written in English and contain only English language content
- Have a top-level name
- Cannot offer incentives to users to click on ads; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc.
- Be fully functional at all levels; no "under construction" sites
- Spawning process pop-ups and exit pop-ups are prohibited for click approved affiliates
- The content of the web site and/or newsletter cannot contain any adult content nor link from, or to, any adult materials including but not limited to:
- Explicit, vulgar or obscene language
- Posting or referencing of sexually explicit images or other offensive content
- Promotion of adult services, such as phone sex or escort services
- The content of the web site and/or newsletter cannot infringe on any personal, intellectual property or copyrights including but not limited to:
- Racial, ethnic, political, hate-mongering or otherwise objectionable content
- Investment, money-making opportunities or advice not permitted under law
- Gratuitous violence or profanity
- Material that defames, abuses, or threatens physical harm to others or to you
- Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
- Software Pirating
- Hacking or Phreaking.
- Any illegal activity whatsoever
- Any questionable or controversial subject matter
- Any spoofing, reing, or trafficking from adult-related web sites in an effort to gain traffic
- You cannot place our advertisements into your framed environment, unless approved by HapMedia in writing.
- Your web site and/or newsletter cannot be 'point, lottery, or rewards' based encouraging users to click on our Advertisers' banners or use our Advertisers to generate revenue for users to win points, get rewards, or other incentives unless expressly approved in writing from HapMedia
It is the OBLIGATION of the (Affiliate, Publisher, Partner) to prove to HapMedia that they are NOT committing fraud. HapMedia will hold your payment in 'Pending Status' until you have satisfactorily provided evidence that you are not defrauding the system. We flag accounts that:
The commission payment that is generated varies per registered subscriber to the programs offered. This commission payment is made approximately 30 days after the end of the month and after receiving payment from the Advertiser. But for qualified publishers, we can arrange every two weeks' payout. Delinquent Advertiser payments received by HapMedia will be credited in the month that they are received. HapMedia does not guarantee payment to the Publisher if the Advertiser does not pay HapMedia.
- Have click-through rates that are much higher than industry averages and where solid justification is not evident
- Have ONLY click programs generating clicks with no indication by site traffic that it can sustain the clicks reported
- Have shown fraudulent leads as determined by our clients
- Use fake redirects, automated software, and/or fraud to generate clicks or leads from our programs
Commission payment totals must exceed $10, otherwise this payment will not be made until the $10 minimum is reached. International (Affiliates, Publishers, Partners) (outside of the United States) agree to a minimum $10 to be reached.
(Affiliate, Publisher, Partner) agrees not to carry objectionable materials on their web site which would revoke their affiliation as determined by HapMedia (Affiliate, Publisher, Partner) will only run approved banners and text in their advertising of our programs and will NOT create their own banners or advertising text, unless expressly approved in writing from HapMedia Violation of this forfeits your commissions. (Affiliate, Publisher, Partner) WILL NOT spam or send unsolicited email mentioning or promoting the (Affiliate, Publisher, Partner) programs. Any violation of this will result in the (Affiliate, Publisher, Partner) being liable for damages of $1.00 per email sent and other damages as deemed by a court of law.
Editing of an Advertiser's program images or copy is strictly prohibited. (Affiliate, Publisher, Partner) will only use approved banners and text to link to an Advertiser's sign-up pages. (Affiliates, Publishers, Partners) will not mislead people to make it seem that they are signing up for an offer that is offered by the (Affiliate, Publisher, Partner) site. (Affiliate, Publisher, Partner) can ONLY use banners and approved text, any other use of link and sign-up processes will result in the loss of all sign ups/leads accrued for the (Affiliate, Publisher, Partner).
HapMedia reserves the right to terminate any (Affiliate's, Publisher's, Partner's) contract for any reason whatsoever. Termination notice will be provided via e-mail and will be effective immediately. All legitimate moneys due to (Affiliate, Publisher, Partner) will be paid during the next billing cycle. If (Affiliate, Publisher, Partner) defrauds the system, then payment is revoked as determined solely by HapMedia
You guarantee that all content, products, and services on your web site are legal to distribute and that you own or have the legal right to use any and all copyrighted material.
(Affiliate, Publisher, Partner) irrevocably covenants, promises and agrees to indemnify HapMedia and to hold HapMedia harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims resulting from member's web pages.
If any (Affiliate, Publisher, Partner) violates or refuses to take part in their responsibilities, or commits fraudulent activity against us, HapMedia reserves the right to withhold payment and take appropriate legal action to cover its damages.
HapMedia reserves the right to change any conditions of this contract at any time. Change notices are sent to (Affiliates, Publishers, Partners) by email, and (Affiliates, Publishers, Partners) are responsible for complying with any changes to the contract within 10 calendar days from the date of change. Failure of the (Affiliate, Publisher, Partner) to terminate the agreement within those 10 calendar days will constitute acceptance of the changes to this contract.
HapMedia gives no warranty, express or implied, for any and all services and products provided, including, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service by HapMedia or its upstream providers.
You agree to settle any dispute under this agreement under the laws of the Commonwealth of Pennsylvania. Any litigation arising under this Agreement will be brought in the federal or state courts of Western Pennsylvania.
Any legal action taken by an advertiser, agency, client, person, or entity against HapMedia for actions of you (the affiliate) that violate these terms and conditions, you accept that HapMedia will work with the advertiser, agency, client, person, or entity to divulge your personal information. You also agree that HapMedia is not liable for your actions, and you will bear all costs (legal or otherwise) that HapMedia incurs if HapMedia is sued by advertiser, client, agency, person, or entity.
If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby.
The Site may contain links to third-party Web sites. We do not control, investigate, monitor or check such Web sites, we are not responsible for the computer programs available from, content in or opinions expressed at such Web sites. We provide such third-party links only as a convenience to visitors and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the site and access any third-party Web site, you do so at your own risk.
You must be 18 years or older to sign up as a HapMedia (Affiliate, Publisher, Partner).
We ACTIVELY monitor traffic for Fraud. If we detect Fraud, your account will be made inactive pending further investigation.