terms and conditions


BY CONFIRMING YOUR SUBSCRIPTION YOU AGREE IRREVOCABLY WITH THE FOLLOWING DISCLAIMER AND TERMS OF USE:

Zeus Promotions Service Agreement

This client service agreement sets the conditions and terms pursuant to which Zeus Promotions, LLC DBA Opt-Media.com, (hereinafter "Zeus Promotions") will provide the services described herein to "Client".

Definitions

"Web Site" means unique logical or physical address on the public network of computers referred to as the Internet, including, without limitation, the logical or physical addresses pointing to the "World Wide Web".

"Visitors" shall mean public visitors to Client's Site who subscribe/register for Client's opt-in and opt-out email lists and newsletters through Zeus Promotions services.

"Supplemental Offer Providers" shall mean third parties with whom Zeus Promotions contracts to provide opt-in and opt-out subscription/registration offers to Visitors on a negotiated price per sign up basis.

"Client" and "Client Site" is the user (company, individual) filling out the sign up form at Opt-Media, and the URL of the website located at the Clients domains.

"Client Service" shall mean the electronic delivery services offered on a subscription-base by Client namely opt-in and opt-out email and newsletters.

I. Generalized Description of Services

Zeus Promotions will share with the Client 80% derived by Zeus Promotions as a result of visitors opting to receive the supplemental offers.

Zeus Promotions service Opt-Media.com, is intended to assist Supplemental Offer Providers in building their subscribed members to their opt-in and opt-out email lists and newsletters. Specifically, Zeus Promotions will provide Client an opportunity to earn revenue by administrating and providing opt-in and opt-out subscription/registration offers from Supplemental Offer Providers that visitors can choose to participate in at the time of sign up, or use of Clients Web Site.

Zeus Promotions will place, or assist Client in placing, a number of opt-in or opt-out subscription boxes for supplemental offers to other electronic subscription services on the Client's Web Site. Visitors to Clients Web Site will have the opportunity to opt-in or opt-out of subscription to these supplemental offers. Zeus Promotions has negotiated agreements, contracts, and pricing points with the Supplemental Offer Providers of these supplemental offers to pay to Zeus Promotions a fee for each accepted visitor who subscribes to their service through Zeus Promotions. All invoicing of third parties and delivery of subscriber data to Supplemental Offer Providers will be administered by Zeus Promotions.

II. Trial Period

Zeus Promotions LLC Reserves the right to place a site on a "Trial Period" before accepting the site into the network. You will be notified if your site falls into this category..

III. Fees for Zeus Promotions Services

Cost of development, if there is any, will be factored out of the first and second payment of the service. Other than cost of development, no fee's are entailed in using Zeus Promotions Service

IV. Duration of the Agreement

Either party may terminate this agreement at ANY time for ANY reason. While it is not the policy of Zeus Promotions to cancel affiliate accounts, we reserve this right due to spamming or violation of site Requirements, found in the Requirements section.

V. Representations and Warrants

The Client represents and warrants that their website content, goods, and services do not: a) send Spam or UCE email b) contain or promote obscene materials, or pornography; c) contain content which is defamatory, libelous, unlawfully threatening, or unlawfully harassing; or d) violate any law, statute, ordinance, or governmental regulation, or promote illegal activities in the United States of America;

Zeus Promotions warrants that the services provided to Client pursuant to this agreement do not infringe on the rights of any third parties, including but not limited to intellectual property, copyright, and patent rights.

Zeus Promotions warrants that, except for providing Visitor information to Supplemental Offer Providers for offers that Visitors elect to participate in, it will not use Visitor information collected on behalf of Client for any other commercial purposes and will not distribute, release, or sell Visitor information to any other parties.

VI. Selection of Supplemental Offers

Zeus Promotions warrants that it will not list any supplemental offers that are adult in nature. Zeus Promotions warrants that it does not use pornography, explicit language or any other means which might be classified as "adult" in nature to promote or describe supplemental offers.

Zeus Promotions reserves the right to place two supplemental offers on Client's Website or Mail To A Friend Form. The descriptions to be used in promoting supplemental offer is at the sole discretion of Zeus Promotions and third party partners that provide payment for the offer. The Client agrees to promote the offers in a way that the third party providers find acceptable.

VII. Privacy Policy/Confidentiality of Information

The Client acknowledges that it is the policy of Zeus Promotions to end sending emails to e-mail addresses after Zeus Promotions has received notification from the addressee that he or she no longer wishes to receive emails from Zeus Promotions. Client also acknowledges that it is against Zeus Promotions privacy policy to engage in, sell email names to, or generally help efforts of spammers in sending unsolicited emails to visitors. Client also agrees to these same policies, and to follow such, with respect to the email addresses that the Client receives from Zeus Promotions. Client agrees to indemnify and hold harmless Zeus Promotions for any claim against it arising from the Client's unauthorized sale or dissemination of Visitor information. Zeus Promotions agrees to indemnify and hold harmless Client for any claim against it arising from Zeus Promotions's unauthorized sale or dissemination of Visitor information.

VIII. Disclaimer

To the fullest extent permitted by applicable law, Zeus Promotions disclaims all warranties of any kind whether express or implied including without limitation any warranty of merchantability, fitness for a particular purpose, or no infringement. Zeus Promotions makes no warranty that its services will meet your requirements or that its services will be uninterrupted, timely, secure, or error free, or that any defects, if any, will be corrected. Additionally, Zeus Promotions makes no warranty as to the results that may be obtained from the use of its services or as to the accuracy or reliability of information it obtains.

IX. Supplemental Offers
Client shall not directly contact any Supplemental Offer Providers introduced to Client by Zeus Promotions for the purpose of circumventing the Client Services Agreement between Zeus Promotions and Client. This shall apply for the duration of the Client Services Agreement plus six months (180 days).

Should Client violate this provision, Zeus Promotions shall be entitled to collect any and all damages, including punitive damages, available under Washington law along with reasonable Attorney's fees and costs.

X. Choice of Laws

This agreement is governed by the laws of the state of Washington, without regard to rules governing choice of laws. Any action relating to this agreement must be brought in the federal or state courts located in Seattle, Washington.

XI. Assignability

This agreement is not assignable by the Client without the prior written consent of Zeus Promotions. To the extent that Zeus Promotions allows any assignment, this agreement will be binding and enforceable against you and your successors and assignees.


XII. Payment to Client and Delivery of Subscribers

Client will receive one commission check per month based on the amount of revenue generated by new subscribers opting to accept supplemental offers. Zeus Promotions will pay to Client 80% all revenues derived from the new subscribers' participation in the supplemental offers. Checks will be processed on the 15th business day of each month and will include revenues received by Zeus Promotions from third parties through the end of the month 45 days prior. Commissions will be paid only on revenue actually received by Zeus Promotions. In no event will Zeus Promotions be responsible for paying or advancing to Client any commissions on revenue not yet received by Zeus Promotions. Zeus Promotions shall make all commercially reasonable efforts to collect monies owed in a timely fashion.

Zeus Promotions will maintain accurate and orderly records related to the number of visitors signing up for supplemental offers to include records of revenue generated and received from Supplemental Offer Providers and earnings paid to Clients. Client shall have the right to review the applicable records of Zeus Promotions on an annual basis to verify the accuracy of commissions paid. Client shall advise Zeus Promotions no later than February 15th of its intent to conduct a review of the previous calendar year's records. Said review must be conducted by a Big Five accounting firm of Client's choosing during the month of April. If the review reveals that Zeus Promotions has underreported or underpaid Client during the previous year, Zeus Promotions will immediately pay that amount to Client plus interest (30% APR) calculated from the date that payment would have originally been due. Review will be done at Client's expense, except that Zeus Promotions will fully reimburse Client for any review that reveals an underpayment of greater than 15% for the previous calendar year.

XIII. Indemnification

Pursuant to the limitations below, Client will indemnify, defend and hold harmless Zeus Promotions, Inc., its officers, directors, employees, agents, suppliers and Zeus Promotions's other clients and strategic partners from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party resulting from your violation of this agreement, including, without limitation, the infringement, by you or any other user of your account, of intellectual property or other right of any person or entity, and including the use of an email address after receipt of notification from or on behalf of the addressee that he or she does not want to receive further emails.

Recognizing that Client has no direct dealing with Supplemental Offer Providers under this agreement, Zeus Promotions will indemnify, defend and hold harmless Client, its officers, directors, employees, agents, suppliers and Client's other partners from any claim, action, demand or damage, including reasonable attorney's fees made by any Visitor or arising out of or related to the use or abuse of Visitor data collected by Zeus Promotions and used by Zeus Promotions and/or provided to Supplemental Offer Providers. This shall include any claims regarding SPAM, unauthorized mass emailings, and other violations of Visitor privacy. Client agrees to cooperate and reasonably assist Zeus Promotions with the defense of any such claim that arises from the actions of Supplemental Offer Providers.

Client acknowledges that this provision does not provide any warranty or guarantee as to the actions of Supplemental Offer Providers and does not give rise to any cause of action or claim for damages against Zeus Promotions by Client in the event of unauthorized actions by a Supplemental Offer Provider. Zeus Promotions acknowledges that it is solely responsible for any and all relationships, agreements, and transfer of data between Visitors, Zeus Promotions, and Supplemental Offer Providers, and that Client has no liability in that regard.


XIV. Totality of Agreement/ Severability

This agreement represents that totality of the agreement between Zeus Promotions and the Client. Client agrees that no officer, director, agent, or any other employee of Zeus Promotions has made any other promise or representation upon which Client has relied in reaching this agreement.

To the extent that any provision of this contract should be declared invalid, illegal, or otherwise unenforceable by any court or administrative body, the remainder of this agreement not effected by such declaration shall remain valid and enforceable by either party against the other.

Zeus Promotions's failure to enforce strict performance of any provision of this agreement does not constitute a waiver of Zeus Promotions's right to subsequently enforce such provision or any other provision of this agreement.

If Zeus Promotions LLC suspects that an account may be in use by someone who is not authorized by the account holder, Zeus Promotions LLC reserves the right to temporarily disable that account. If such a case arises, the member will be contacted as soon as possible. Zeus Promotions LLC reserves the right to refuse service to anyone and to cancel any account at any time

 

End Client Service Agreement for Opt-Media. Zeus Promotions reserves the right to change these terms with prior notice to affiliates.