SearchAnyway  The Internets leading Pay-Per-Click Affiliate program   Finding Your Path To Success
Quality PPC Traffic 
SearchAnyway has a reputation for honesty and integrity within the PPC industry, as well as for treating our affiliates with respect
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Terms & Conditions – SearchAnyway maintains the highest standards within the PPC industry so that our webmasters can get the most benefit from our Pay Per Click affiliate  program and earn high revenue
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  Definitions:

1. Paid Listings - an advertisement or group of advertisements created dynamically or statically by Search Anyway and supplied to Client via an HTML or XML data feed for further display on Client's web site or website(s) affiliated with Client.

2. Net Revenue -the amount collected by Search Anyway from an Search Anyway advertiser for Valid Clickthroughs (defined below) originating from Paid Listings advertisement(s) served through the Client's site(s) or Client's affiliate(s) site(s).

3. Valid Clickthrough ("CT") - the action of a human user clicking on a hypertext link or image link, which subsequently directs the user's browser to an Search Anyway server and ultimately to the web site of an Search Anyway advertiser, subject to the following constraints:

a. The action may not be initiated or executed employing any non-human processes including robots, spiders, scripts (or other software), mechanical automation of clicking applied to the user's mouse or keyboard, or any other non-human clicking agent.

b. The action may not be fraudulent or appear to be fraudulent in nature according to the sole reasonable discretion of Search Anyway and/or the Search Anyway advertiser.

c. Generally clickthroughs of the following nature will also be considered to be invalid: multiple clickthroughs by the same user within an unreasonable period of time not greater than 5 seconds, suspicious patterns of clicking by any given user, and clickthroughs from a previously blocked IP address( s ), which has been deemed by Search Anyway to be a probable source of fraudulent activity.

d. Clickthroughs resulting from employing any incentives and rewarding techniques are considered to be invalid.

e. Clickthroughs originating or routed through countries other than The United States, Canada , and countries that are members of the European Community, will generally be rejected.

f. Caching of Paid Listings is strictly prohibited.

g. Opening of search results in consoles directly without initial user clicks is strictly prohibited.

h. Browser "hijacking", hacking, or installing software of any kind on users' machines without the users' prior consent is strictly forbidden. The user must also possess the ability to uninstall any software installed on his or her computer even with his or her consent.

The Client is wholly responsible for the activities of its affiliate(s) appertaining to the validity of clickthroughs.

Search Anyway is not legally responsible for any of the outgoing links or search results on it's websites or XML feeds. These links are strictly the responsibility of the advertisers, bidders and upstream feed providers. Search Anyway is also not responsible for any business practices that the websites in question engage in, as Search Anyway is simply a PPC search result aggregator.


  Agreement:

Search Anyway agrees to provide code to Client so that Client may display Search Anyway Paid Listings advertisements on any of its web pages and/or products. Search Anyway reserves the right to approve or reject inclusion of the Paid Listings element on any page or product at it's sole discretion.


  Content & Alterability:

Paid Listings advertisements may be displayed on the Client Web page(s) provided that the surrounding content cannot be construed to promote illegal materials, hate, violence, or vulgarity or other "undesirable" actions or material. Client agrees not to display, and Search Anyway reserves the right, in it's sole discretion, to reject inclusion, of any Paid Listings advertisement(s) adjacent to any such content as far as it fails to comply with the criteria set forth above.

The Paid Listings must be displayed to the user using complete body of text, as provided by Search Anyway in the Paid Listings data feed and may not be altered or edited by Client in any way except as previously agreed in writing by both parties.

KEYWORD TARGETING:
Paid Listings must be targeted to a specific keyword as provided in the Paid Listings Integration Documentation If Paid Listings are displayed adjacent to search results, Client may automatically populate the "q" (query) field with the query the user typed to generate the same search results. Otherwise, any Paid Listings displayed on or adjacent to a Web page that is not a search results page, must be pre-authorized as an addendum to this agreement.


  Revenue & Reporting:

Subject to the "Minimum Payment" below, for each user successfully delivered by Search Anyway via a CT from the Paid Listings advertisement(s) on the Client's site(s) to a Search Anyway advertiser, Search Anyway shall compensate Client with a stipulated percentage of the Net Revenue (as defined in section "DEFlNlTIONS" above).

For the purpose of this agreement, one Pay Period begins on the first day of a calendar month and ends on the 15th day. The next Pay Period begins on the 16th day and ends on the last day of a calendar month.

Affiliates may choose to be paid every Pay Period or every two Pay Periods, as the Affiliate indicates during registration for a SearchAnyway account. Payment will be issued within 15 days of the corresponding Pay Period ending, or 15 days after every second corresponding Pay Period ends, according to which payment schedule the Affiliate has chosen.

SearchAnyway reserves the right to alter its Pay Period scheduling as it sees fit.

Both parties agree and understand that, with respect to traffic measurements any and all traffic or other data to be provided in connection with this Agreement, specifically clickthroughs delivered and Net Revenue from such, shall be determined based upon Search Anyway's reporting. No other traffic measurements will be deemed relevant nor affect either party's performance under this Agreement. Client shall have no longer than five (5) days from the last day of the month prior to dispute any material discrepancy pertaining to stats and/or compensation to be paid to Client. Failure to report such discrepancy within the said five (5) day period shall be considered by both parties as a forfeiture of Client's right to dispute.


  Non-Disclosure & Confidentiality:

The terms of this Agreement and the fact and substance of the parties' discussions and correspondence relating to this agreement, including the payment terms as outlined in sections "REVENUE" and "TERMS" above, shall be deemed the confidential information of Search Anyway and shall not be disclosed by Client without the prior written consent of Search Anyway for a period of 12 months following the termination of this agreement.


  Indemnification:

Client agrees to indemnify, defend and hold Search Anyway, its successors, officers, directors and employees harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses (including reasonable attorneys' fees) and damages arising out of or in connection with any claim relating to Client. Search Anyway agrees to indemnify, defend and hold Client, its successors, officers, directors and employees harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses (including reasonable attorneys' fees) and damages arising out of or in connection with any claim relating to Search Anyway.


  Warranty:

ALL CODE AND CONTENT ARE PROVIDED HEREUNDER ON AN " AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ANY KIND OR NATURE WITH RESPECT TO THE NATURE, RELIABILITY OR ACCURACY OF THE CODE OR CONTENT OR ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.


  Terms:

Either party may terminate this agreement by giving 10 days written notice to the other party at any time. Upon termination each party relinquishes any and all right(s) and privilege(s) granted hereunder with the exception of those outlined in the "NON-DISCLOSURE AND CONFIDENTIALITY" section above. Upon termination of this agreement, all compensation then accrued and not yet paid to Client shall be remitted subject to the standard payment terms outlined in section "REVENUE" above. This agreement shall be governed by and construed according to the laws of the province of Quebec, to the jurisdiction of which the parties hereto submit. This agreement shall bind and inure to the benefit of both parties and their respective heirs, executors, administrators, successors and assigns. This agreement may be modified from time to time only by mutual written consent by both parties.
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