Last updated: September 26, 2016
Syndicate Ads, a division of BuySellAds.com Inc., and its affiliates (together, “Syndicate”, "Company", "we" or "us") provides platforms to connect advertisers/sponsors (“Advertisers”) and publishers (“Publishers”) of content via its website https://www.syndicateads.net and affiliated web properties (the "Sites"). Syndicate offers various services to you (the “Service,” as further defined below), whether as an Advertiser or Publisher, through the Sites, all of which are conditioned on your agreement to adhere to the following terms and conditions (the “Terms of Service” or “Terms”). Your use of the Service and/or your registration with Syndicate constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events that occur before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our Sites or Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
You affirm that you are more than 18 years of age or the age of majority in your jurisdiction, whichever is older, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please do not use the Service.
In our discretion, we may maintain different accounts for different types of Users (each, an “Account”), which Accounts include your name and contact information, other profile information, and, for Publishers, publication information, scheduling calendars and sponsorship claims. Your Account will also contain information about your funds, as described below in the “Funding your Account” section. If you open an Account on behalf of your employer, company, or other such entity, then (a) "you" includes you and such employer/company/entity, and (b) you represent and warrant that you are an authorized representative of your employer/company/entity with the authority to bind them to these Terms of Service, and that you agree to these Terms of Service on their behalf. The Service is not available to any User who has been removed by Syndicate.
Syndicate offers a sponsorship marketplace where publications can receive help in managing their sponsorship opportunities, and sponsors can promote their products through paid advertising on the World Wide Web. The "Service" means the products, platforms and/or services related to such marketplace that is provided or made accessible to you by Syndicate.
By applying for, registering or participating in the Service, you agree and represent as follows:
If you are an Advertiser, you also agree to:
If you are a Publisher, you agree to:
Furthermore, if you are a Publisher, and if you sell or otherwise transfer to another party one or more of your websites, then if the other party validly has its own Account in good standing, you may request that Syndicate transfer ("Push") those websites from your Account to that other party's Account. Syndicate shall have no obligation to push such websites if that other party does not have a valid and complete Publisher Account.
Syndicate respects the rights of third party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, Syndicate cannot and does not monitor all of the materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any materials posted via the Service (“Materials”). You expressly agree that Syndicate will not be liable for Materials.
Any Materials (1) directed to children under the age of 13 who reside in the United States or any territory thereof; or (2) that collect information from users known by the operator thereof to be under the age of 13 who reside in the United States or any territory thereof ("Kids' Sites") must be identified as such by the Publisher. Your use of the Service must be in compliance with the United States' Children's Online Privacy Protection Act ("COPPA"). Without limiting the foregoing, you may not, except to the extent permitted by applicable law, (i) create profiles of users or visitors of Kids' Sites, (ii) purchase, sell, place or facilitate the placement of behaviorally targeted advertisements or sponsorships on Kids' Sites, or (iii) collect personal information (as defined by COPPA) about users or visitors of Kids' Sites. We will use flags within the Service to categorize Materials identified by an applicable Publisher as a Kids' Site within the Service, however we undertake no obligation to monitor COPPA compliance by Publishers or Advertisers. Nothing in this paragraph shall be construed as limiting your obligation to comply with any other applicable laws, rules or regulations related to minors.
The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without Syndicate's prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Sites or for any other unauthorized purpose without Syndicate's prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or Syndicate's hardware and software infrastructure or that of any of its licensors or suppliers. In addition, you covenant and represent that you will not use the Service for any purpose other than those that are set forth herein, nor will you use this Service in violation of the law or these Terms of Service.
As a part of the Service, Syndicate may offer links to websites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Syndicate does not operate or control in any way any information, software, products or services available on such web sites. Syndicate's inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold harmless Syndicate, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated service between you and a third party.
Syndicate intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, Syndicate may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." SYNDICATE AND ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF SYNDICATE'S SERVICE IS AT YOUR OWN RISK. SYNDICATE AND/OR ITS LICENSORS AND SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF SYNDICATE'S SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH SYNDICATE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SYNDICATE AND/OR ITS LICENSORS AND SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SYNDICATE’S LIABILITY, AND THE LIABILITY OF SYNDICATE'S SUPPLIERS AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED UP TO THE GREATER OF: (I) THE AMOUNT OF THE TOTAL FEES PAID BY YOU TO SYNDICATE DURING THE MOST RECENT TWELVE MONTH PERIOD AND (II) THE AMOUNT PAID TO YOU IN COMMISSIONS DURING THE MOST RECENT TWELVE MONTH PERIOD. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN SYNDICATE AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
Syndicate is not responsible for any errors or delays caused by an incorrect e-mail address or other incorrect contact information provided by you.
Neither Syndicate, Advertisers, nor Publishers will be liable for a delay or default in the performance of their respective obligations under these Terms of Service if such delay or default is caused by conditions beyond their reasonable control, including, but not limited to, fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God or labor disputes not caused by or beyond the control of such party (“Event of Force Majeure”). If an Event of Force Majeure continues for a period of seven (7) business days and prevents the applicable sponsorship from being published, the Advertiser and Publisher each has the right to cancel such delayed sponsorship without penalty. However, such cancellation will not alter a party´s liability for payments due at or prior to the time that the Event of Force Majeure commenced.
You may fund your account in two ways: (1) you can deposit funds into your account via a credit card, wire transfer, or PayPal ("Deposited Funds"); and (2) you can earn funds by selling ads as a Publisher ("Earned Funds"). Deposited Funds will appear in your Account balance and be available for you to sponsor content; however, Deposited Funds may not be cashed out. Earned Funds will typically appear in your Account balance within a week after the sponsorship has been published, and Earned Funds may be cashed out upon your request per the instructions given elsewhere on the Site. Please note that if your Account is inactive for a six-month period (i.e. you have not signed into your Account, you have not added more Deposited Funds, you have not sponsored any content, or you have not received any Earned Funds during that time), then we may deem your Account inactive and at such time we will charge an inactive account fee to preserve your data in the amount of $100.00 per month against your Account balance and will continue to be charged each month until your balance reaches $0 or until your Account becomes active again. If your Account is inactive for a twelve-month period, your Account balance will be charged as an inactive fee. Syndicate may, but has no obligation to, give you prior notice of the imposition of any inactive fee.
For Advertisers, your sponsorship of any content will not be published unless your Account is fully funded for the contracted amount. Advertisers’ Deposited Funds are nonrefundable except when a Publisher chooses not to move forward with the sponsorship prior to publication.
In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to you against any fees you owe us or any other User, or (b) require you to refund us within thirty (30) days of any invoice, any amounts we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the Service, you must notify us in writing within thirty (30) days of any such payment. If you do not, any claim relating to the disputed payment is waived. If an Advertiser who is sponsoring content on any website defaults on payment to us, we may need to withhold payment or charge back the corresponding Publisher’s Account. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account. You are responsible for any charges assessed by your bank or payment provider.
Syndicate reserves the right in its sole discretion, and without any prior notice, to terminate your Account and your access to the Service for any reason, including your breach of these Terms of Service, for violations of Syndicate’s policies or procedures posted on the Sites, or a violation of the rights of another User or the law.
Without limitation, Syndicate also reserves the right to report any activity (including the disclosure of appropriate data or Account information) that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Syndicate also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
You may unsubscribe from any further communication from Syndicate at any time by delivering a written notice addressed to firstname.lastname@example.org. You shall be responsible for ensuring delivery of the notice to Syndicate. Syndicate shall not be obligated to store any data or files for more than ninety (90) days after termination of your access to the Service.
Syndicate reserves the right with or without notice to you at any time to change, modify or discontinue any Service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Syndicate shall have no liability to you or any third party should Syndicate modify or discontinue any Service or an aspect thereof.
Any claim or controversy arising out of or relating to the use of Syndicate's Service, to the goods or services provided by Syndicate, or to any acts or omissions for which you may contend Syndicate is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Boston, Massachusetts, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the Commonwealth of Massachusetts, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys' fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Massachusetts. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THESE TERMS OF SERVICE PROVIDE THAT ALL DISPUTES BETWEEN YOU AND SYNDICATE WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT AT SYNDICATE’S DISCRETION FOR DISPUTES REGARDING SYNDICATE’S INTELLECTUAL PROPERTY RIGHTS. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SYNDICATE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Syndicate otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
All contents of the Service are copyrighted © 2016 BuySellAds.com, Inc.. All rights reserved. Other product and company names may be trademarks or service marks of their respective owners.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR TO ANY CHANGES MADE IN THESE TERMS, YOU MAY NOT USE THE SITES AND SERVICE AND IF YOU HAVE AN ACCOUNT OR HAVE APPLIED FOR ONE, YOU MUST NOTIFY US IMMEDIATELY THAT YOU DO NOT AGREE TO THESE TERMS OF SERVICE.
Syndicate allows advertisers to connect with high quality publications. We present a rare opportunity to share an established voice that has a dedicated following. The result is something that cannot be acehived with banners. Often there is more effort required to build the content than a 300x250 but the return is well worth it.
Syndicate Ads offers an exclusive membership to allow publishers to sell weekly sponsorships. Our goal is to make selling, serving, and maintaining a sponsorship easy, tasteful, and enjoyed. We maintain a high quality of both publishers and advertisers to ensure sponsorships are well received.