Date of Last Revision: April 05, 2017
Welcome to KashKlik!
KashKlik, Inc. (“KashKlik,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.kashklik.com (the “Site”) and through its related mobile applications and services (collectively, such services, including any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
This is a very long and formal document and can cause the following possible side effects: drowsiness, the desire to put your head on the pillow, closing eyes. If you are experiencing any of these symptoms stop reading it straight away, log in the platform and contact us.
Access and Use of the Service
Advertiser: An advertiser is a person or company who agrees to pay a specific amount of money to have his content promoted by the influencers.
Influencer: An influencer is a person who agrees to promote the content provided by an advertiser and be paid for this promotion.
Campaign: An advertiser creates campaigns in order to promote specific pieces of content. The campaign attributes are:
– Ending date
– Pay-per-click (PPC)
– Total number of clicks
– Total number of influencers who may promote this campaign
– Pre-conditions about the influencers who may promote this campaign
Parallel Campaigns: An advertiser may have several campaigns running in parallel. Each campaign has its own budget. The total number of clicks is counted independently for each campaign.
Promotion: When an influencer accepts some campaign, he creates a promotion. The promotion attributes are:
– Associated campaign
– Smart link URL
– Total number of unique clicks
Unique click: A unique click is a click from a specific computer. Additional clicks from the same computer will not be counted in the total number of unique clicks.
Parallel Promotions: An influencer may have several promotions running in parallel. The total number of unique clicks is counted independently for each promotion.
Referrer Blacklist: KashKlik maintains a list of blacklisted domains, including bots, crawlers and sites that generate fake traffic. The backlisted domains include traffup.net, easyhits4u.com and addmefast.com. Clicks provenient from these domains will not be considered. KashKlik will provide a complete list of blacklisted domains to its users upon request. Please contact: firstname.lastname@example.org
Costs Payments and Fees:
Payment means: Both advertisers and influencers must be associated to same payment mean. Currently the only supported payment mean are PayPal accounts.
Marketplace fee: For each campaign, the KashKlik marketplace asks a fee of 20% of the campaign cost.
Expected campaign cost: The expected campaign cost is the PPC multiplied by the total number of clicks.
Real campaign cost: The real campaign cost is the PPC multiplied by the number of unique clicks of all the promotions associated to this campaign.
Final campaign cost: The final campaign cost is the real campaign cost added to the marketplace fee.
Payment by advertiser: The advertiser must pay the expected campaign cost plus the marketplace fee at the moment the campaign is created.
Payment to influencer: For each promotion, after the campaign is ended (according to the ending date) the influencer will receive an amount which is the campaign PPC multiplied by the total number of unique clicks. The payment to the influencer will be done within 30 days since the moment the campaign has ended. The minimal amount of payment to the influencers is U$5 (five US dollars). Influencers will not be able to withdraw amounts lower than the minimal amount.
Refund to advertiser: If the total number of unique clicks for all associated promotions is smaller than the total number of clicks in the campaign, the advertiser will be refunded accordingly with an amount of the PPC multiplied by the difference between the total clicks and the total unique clicks of all associated promotions. The refund to the advertiser will be done within 30 days since the moment the campaign has ended. The marketplace fee will not be refunded to the advertiser, independently of the total number of unique clicks.
KashKlik is not responsible for the content being promoted by the advertisers. The influencers may not complain about the nature of the content they are promoting.
KashKlik is not responsible for the source of the clicks at the campaigns. The advertiser may not complain about the sources of the clicks that are reaching its promoted URL through the influencers’ campaigns.
Your Registration Obligations:
Member Account, Password and Security:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify KashKlik of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. KashKlik will not be liable for any loss or damage arising from your failure to comply with this Section.
General Practices Regarding Use and Storage:
You acknowledge that KashKlik may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that KashKlik data or other content will be retained by the Services and the maximum storage space that will be allotted on KashKlik’s servers on your behalf. You agree that KashKlik has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that KashKlik reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that KashKlik reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, share, post, publish, display or otherwise transmit (hereinafter, “transmit”) or email or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by KashKlik. KashKlik reserves the right to investigate and take appropriate legal action against anyone who, in KashKlik’s sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:
a. email or otherwise transmit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of KashKlik, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose KashKlik or its users to any harm or liability of any type;
b. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
c. violate any applicable local, state, national or international law, or any regulations having the force of law;
d. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. solicit personal information from anyone under the age of 18;
f. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
h. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
i. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
To the extent the Services or any portion thereof is made available for any fee, you may be required to select a payment plan and provide KashKlik information regarding your credit card or other payment instrument. You represent and warrant to KashKlik that such information is true and that you are authorized to use the payment instrument. We reserve the right to change KashKlik’s prices at any time.
The Services include certain services that are available via a mobile device, including (i) the ability to browse the Services and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding KashKlik and other entities by notifications, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Intellectual Property Rights
Service Content, Software and Trademarks:
You acknowledge and agree that the Services may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by KashKlik, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by KashKlik from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith is the property of KashKlik, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by KashKlik.
The KASHKLIK name and logos are trademarks and service marks of KashKlik Inc. (collectively the “KashKlik Trademarks”). Other KashKlik, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to KashKlik. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of KashKlik Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of KashKlik Trademarks will inure to our exclusive benefit. Any permitted use of the KashKlik Trademarks must be in accordance with our policies.
Third Party Material:
Under no circumstances will KashKlik be liable in any way for any content uploaded by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded or emailed via the Services. You acknowledge that KashKlik may not pre-screen content, but that KashKlik and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, KashKlik and its designees will have the right to remove any content that violates these Terms of Services or is deemed by KashKlik, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Services:
You are solely responsible for the content and other materials you upload through the Services or share with other users or recipients (collectively, “User Content”). You will not upload any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant KashKlik and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to KashKlik are non-confidential and KashKlik will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that KashKlik may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of KashKlik, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In addition, KashKlik will have the sole right to remove any content from the Services that it believes in its sole discretion is in violation of this Terms of Service or is otherwise inappropriate in any way.
KashKlik respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify KashKlik of your infringement claim.
Repeat Infringer Policy:
In accordance with applicable law, KashKlik has adopted a policy of terminating, in appropriate circumstances and at KashKlik’s sole discretion, users who are deemed to be repeat infringers. KashKlik may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. KashKlik has no control over such sites or resources and KashKlik is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that KashKlik will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that KashKlik is not liable for any loss or claim that you may have against any such third party.
Social Media Services
In addition, KashKlik is not responsible for the accuracy, availability or reliability of any information, data, content, goods, opinions, advice or statements made available in connection with Social Media Services. As such, KashKlik is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Media Services. The integration or inclusion of such features does not imply an endorsement or recommendation of any particular Social Media Service.
Indemnity and Release
You agree to release, indemnify and hold KashKlik and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Services or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KASHKLIK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
KASHKLIK MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KASHKLIK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KASHKLIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL KASHKLIK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID KASHKLIK IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
At KashKlik’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Services that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction. Notwithstanding the provisions of the introductory section above, if KashKlik changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of KashKlik’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and KashKlik in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that you are solely responsible for your interactions with any other user in connection with the Services, and KashKlik will have no liability or responsibility with respect thereto. KashKlik reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
These Terms of Service constitute the entire agreement between you and KashKlik and govern your use of the Services, superseding any prior agreements between you and KashKlik with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software (including without limitation Social Media Services). These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and KashKlik agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of KashKlik to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.