Publisher Agreement
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This Publisher Agreement, made and entered by and between PayDayMax (“we” or “PayDayMax”) and you, the Publisher (“you / your” or “Publisher”), contains the complete terms and conditions that apply to your participation as a Publisher in the PayDayMax Publisher Network Program (the “Affiliate Program,” “Publisher Program” or “Program”) and the establishment of links from your Publisher website to the PayDayMax website. By submitting an application for participation in this program, you confirm that you have reviewed and agree to be bound by these terms.
1. Enrollment in the Publisher Network
To begin the enrollment process and become a “Publisher Site,” you must be a legal United States resident (or a business located in the U.S.) or operate a website whose target audience is primarily United States residents, and you must submit a complete Publisher Network application to PayDayMax.
PayDayMax will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. PayDayMax may reject your application if PayDayMax determines (in its sole discretion) that your site is unsuitable for the Program for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable. PayDayMax may terminate your participation at any time.
2. Defined Terms
“Advertiser” means any person that owns or operates a Site and/or other business that can acquire customers or other types of end users by way of the Internet.
“Approved application” means an application that in PayDayMax’s sole discretion is approved for a loan. The consumer must click on a PayDayMax link on a Publisher’s site, be directed to PayDayMax’s site, complete an application with valid, accurate data, and submit the application to PayDayMax.
“Content” means information, data, text, documents, software, music, sound, photographs, graphics and video.
A “corporate affiliate” of a person is any other person that, directly or indirectly, controls such person, is controlled by such person, or is under common control with such person, with “control” meaning the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person.
An “end user” means an actual or potential consumer, customer or other natural person.
An “Advertiser Engagement” means any type of agreement or arrangement between a Network Advertiser and any Network Publisher or between PayDayMax and any Network Publisher that can be performed on or in relation to the Internet, including affiliate marketing, performance-based linking, insertion order, or any other type of agreement or arrangement.
A “PayDayMax Engagement” means any type of agreement or arrangement between PayDayMax and any Network Publisher that can be performed on or in relation to the Internet, including affiliate marketing, performance-based linking, insertion order, or any other type of agreement or arrangement.
An “entity” means a sole proprietorship, corporation, partnership, limited liability company, trust, government agency or instrumentality or other entity recognized by law as a legal person separate from its owners.
The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.”
“Intellectual Property Rights” means technology, templates, designs, Sites, methodologies, processes, names, strategies, marks, logos, Content, documentation, training manuals, and other materials, as well as any and all patent, trade secret, trademark, copyright and other intellectual property and proprietary rights therein and thereto.
A “link” means any software, software code, programming or other technology or method (or any combination of the foregoing) that (i) creates a hyperlink between two Sites, or (ii) otherwise causes a Web access device to display to its user a “banner,” “button,” text-mention, word, phrase, logo or other textual or graphical material that, when activated by a person, results in a Site being served to such person or such person being able to electronically access, receive or obtain Content, products, services or other offerings from the linked Site.
The phrase “provided by PayDayMax” or “PayDayMax-provided” shall, when used in relation to tools, services, resources or other offerings, encompass the provision thereof by PayDayMax or PayDayMax Related Parties.
The phrase “tracked by PayDayMax” or “PayDayMax-tracked” shall, when used in relation to any engagement, encompass the tracking thereof by PayDayMax or PayDayMax Related Parties.
“Network Advertiser” refers to an Advertiser that participates on the PayDayMax Network and, through such participation and use of the appropriate PayDayMax Offerings, desires or seeks to recruit Network Publishers to enter into engagements with such Advertiser in order to display, distribute or place its qualifying links for compensation.
“Network Publisher” refers to a Site that participates on the PayDayMax Network and, through such participation and use of the appropriate PayDayMax Offerings, desires or makes itself available to be recruited or to enter into engagements to display, distribute or place qualifying links of Network Advertisers for compensation.
“Network Publisher Account Area” means, for any PayDayMax Network, the Webpage(s) or other area of the Site having the URL designated from time to time by PayDayMax for use by members of that Network for the purpose of facilitating formation of qualifying links, accessing reports and otherwise participating in such PayDayMax Network.
A “person” is to be broadly construed and includes any natural person or entity.
A “qualifying link” means any type or format of link that is provided or authorized by PayDayMax or a Network Advertiser to be displayed, distributed or placed on or by a Site pursuant to an engagement and which, through addition and/or use of any technology and/or methodology, can be tracked so that such PayDayMax or a Network Advertiser can monitor the impressions, click-throughs and/or other tracked activities achieved by the display, distribution and/or placement of such link. The term “qualifying link” shall also refer to any equivalent link, mechanism or technology that, upon being activated, causes the same result as clicking on a qualifying link.
“Site” means, as the context requires, either (a) one or more Web pages, database, computer files, emails, scripts, software or other application, or other destination, together with supporting files and programming, that are on, provided, or accessible through the Web or works on or in relation to the Web, or (b) a person owning or operating any such Site, or (c) both. A person that owns or operates a Site may have offline businesses which would not preclude it from being a Site for the purposes of this Agreement.
A “tracked activity” means any type of preagreed or predefined activity or result that is sought by an Advertiser in relation to a qualifying link. The kinds of tracked activities that an Advertiser may seek to promote through such arrangements may include, by way of example, impressions, click-throughs, the sale of products or services, the downloading of software, files or other items, the completion of an application, registration or other form, the opening of an account, membership enrollment, or any other kind of action, transaction or activity that can be tracked and reported upon.
“Web” or “Internet” or “online” means the global computer network currently referred to as the Internet, including the World Wide Web, and any and all successor networks, irrespective of what wired, wireless or otherwise connected device, platform or technology is used to access it.
