This Agreement shall govern participation in the PayPopup.com program
("PayPopup"). By participating in the Program, you are agreeing to be
bound by these Terms and Conditions. The term 'customer' shall refer
to any individual or entity who accepts the terms and conditions of
this Agreement by submitting the Program registration. The Program is
offered to you by YesUp Ecommerce Solutions Inc ("YesUp").
All customers are required to pay one-hundred (100%) percent of the
cost of the campaign before its activation. PayPopUp.com reserves the
right to set and negotiate specific payment terms on a
PayPopUp.com shall have absolute discretion as to whether or not it
accepts a particular customer or site for participation in the
1. PayPopUp.com will not deliver visitors to sites containing content
that is not appropriate for viewing by a general audience. The
following are examples (including but not limited to) of the type of
sites we will not deliver visitors to:
- Sites with pornography, adult content, sexual or erotic material or
sites that contain links to such content.
Sites containing or linking to software piracy.
Sites containing or linking to any form of illegal activity (i.e.,
how to build a bomb, hacking, 'phreaking', etc.).
Sites with gratuitous displays of violence, obscene or vulgar
language, and abusive content or content which endorses or threatens
Sites promoting any type of hate-mongering (i.e., racial, political,
ethnic, religious, gender-based, sexuality-based or personal, etc.).
Sites that participate in or transmit inappropriate newsgroup
postings or unsolicited e-mail (spam).
Sites promoting any type of illegal substance or activity or sites with
illegal, false or deceptive investment advice and money-making
Sites with any type of content that a reasonable public consensus deems to
be improper or inappropriate.
2. Your Advertisement Page can not contain any other popup windows. Any
additional window generated by your site shall be considered a popup
window, including popups, pop-behinds, or exit popups windows. If a
popup window is installed on the URL at any time, PayPopUp.com will stop your
campaign immediately and any remaining credits will be forfeited.
In this case, you will not be entitled to a refund.
3. Your Advertisement Page can not have background music or sounds.
4. Your Advertisement Page can not contain scripts that alter users
5. Your Advertisement Page can not contain any frame breaking codes.
6. To insure compliance with these terms and conditions, any Customers
that change their content after approval for membership MUST notify
PayPopUp.com of the changes in writing IMMEDIATELY. If your site is
changed during the campaign such that it includes inappropriate
content, PayPopUp.com will stop your campaign immediately. In this
case, you will not be entitled to a refund.
Data Reporting (Stats):
All Campaigns purchased on the PayPopUp.com
Network are served, tracked and reported by YourStats.net and PayPopUp.com. For
Campaigns that involve third party serving/tracking,
accounting may be beyond the control of PayPopUp.com.
Campaigns that use third party serving/tracking for auditing purposes
may be subject to alternate or additional controls. PayPopUp.com is
the sole owner of all website, campaign, and aggregate web user data
collected by PayPopUp.com. Customer only has access to website and web
user data that is collected as part of Customer's campaign.
PayPopUp.com reserves the right to hold Customer
and any agency, broker or other authorized representative of Customer
jointly and severally liable for all amounts owed to PayPopUp.com.
: All advertising rates are subject to change at any time.
: PayPopUp.com does not guarantee minimum Click-through
Ratio (CTR) for full page pop-up/pop-under banner ads.
Representations and Warranties: Customer hereby indemnifies and holds
harmless PayPopUp.com and the Publishers (including their successors,
directors, officers, employees, agents, assigns) from and against all
claims, loss, liability, damage and expense of any nature (including
attorneys' reasonable fees) in connection with the Advertisement URL
and its linked websites, for any actual or alleged breach of any term
of this Agreement.
Damages: In no event shall either party be liable for special,
indirect, incidental, or consequential damages, including, but not
limited to, loss of data, loss of use, or loss of profits arising
thereunder or from the provision of services.
Limitation of Liability: Neither PayPopUp.com nor the participating
sites will be subject to any liability whatsoever for (a) any failure
to provide reference or access to all or any part of the Advertisement
URL due to systems failures or other technological failures of
PayPopUp.com or of the Internet; (b) delays in delivery and/or
non-delivery of a campaign, including, without limitation,
difficulties with a Publisher or Website, difficulties with a
third-party server, or electronic malfunction; and (c) errors in
content or omissions in any Advertisement URL provided by Customer.
The Program reserves the right to change any of these terms and
conditions at any time without notice. You are responsible for
complying with any changes to the terms and conditions
within 10 days of the date of change.
Minimum Age Requirements:
No person under the age of 18 is allowed to participate in our program
unless written permission from a parent or legal guardian, notarized,
signed and dated, is faxed to 1-503-213-6300
Case of dispute:
Affiliates agree to settle any/all dispute(s) under this agreement via
binding arbitration in Toronto, Ontario.
The Advertiser and the Publisher may stop the campaign at any time with twenty-four (24) hours written notice. For the termination of the campaign, the Advertiser is responsible to pay for all impressions that were served by YesUp, and YesUp shall issue a refund for all impressions that have not been delivered.