Last updated: December 24, 2015
TO ALL USERS OF THE POPISLE SERVICE: YOU MUST READ AND AGREE TO THESE TERMS OF SERVICE BEFORE USING THE POPISLE ADVERTISING SERVICE. USE OF THE SERVICE REQUIRES AND CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. ALL USERS OF THE POPISLE SERVICE, AS DEFINED IN SECTION I, SHALL BE BOUND BY THESE TERMS OF SERVICE.
“PopIsle” is an advertising brokerage service, accessible at www.PopIsle.com, which allows website Publishers to place ads on their websites and for Advertisers to buy the space. All aspects of this service are collectively referred to herein as “PopIsle”. “Users” are individuals or companies with registered through the PopIsle service as either an Advertiser or a Publisher, defined below. “Publishers” are Users who sell advertising through the PopIsle service. “Advertisers” are Users who buy advertising through the PopIsle service. A “Website” is any link, web page, or URL made accessible via the internet that is used in connection with PopIsle as either a Publisher website, or an Advertiser link. Content is the data contained inside a Website, including but not limited to text, images, or links.
II. ACCESS TO SERVICES
All Users agree to use the PopIsle Service subject to the terms and conditions of this agreement, which may change at any time without notice. Users access to PopIsle may be suspended or terminated at any time. PopIsle may change, suspend, or discontinue services at any time, including certain features, products, without notice or liability. PopIsle reserves the right to refuse access to services to any applicant or User at any time, at its discretion. (a) PROHIBITED USERS; PopIsle specifically prohibits Publishers and Advertisers from the following countries: Vietnam.
III. USE OF SERVICES
Use of PopIsle’ services constitutes agreement to these Terms of Service. User must be at least 18 years of age, or the age of majority in his or her jurisdiction, and legally permitted to use these services and access PopIsle. User takes full responsibility for the selection and use of the PopIsle’ service, uses PopIsle’ service at the User’s own risk, and agrees to hold PopIsle harmless for any and all harm or injury arising from the User’s use of the Service. All Users agree to use PopIsle’ services for purposes that are lawful within their jurisdiction, and agree not to use PopIsle to distribute obscene or other unlawful content, including but not limited to bestiality, depictions of minors, and depictions of or instructions for the commission of unlawful acts. Users agree to provide accurate information while using PopIsle. This agreement is void where prohibited by law, and the right to access the site is revoked in such jurisdictions. Users agree that at any time their account and all account activity may be suspended at any time if any portion of this agreement is violated.
IV. WEBSITE RESTRICTIONS
PopIsle may, without notice, suspend its services for any Website that fails to meet PopIsle’ quality standards, solely and exclusively as determined by PopIsle’ management. PopIsle accepts no responsibility for the content, tone, nature or any other characteristic of Websites using its service. PopIsle reserves the right to refuse services to any Website at any time, or to terminate its services to any Website at any time, at its sole and exclusive discretion.
(a) PROHIBITED WEBSITES;
– The following non-exhaustive list of Websites prohibited from using the PopIsle service; this list is illustrative and non-exhaustive, rather than exclusive in nature:
(i) Incentive-based or any paid-per-click Website that solicit or encourages visitors to click ads, or otherwise compensate visitors for clicking advertisements.
(ii) MP3, Warez, Password, Torrent, File-locker or other Websites containing, linking, facilitating or promoting illegal software or content.
(iii) Websites or pages comprised or containing mostly ads, cluttered ad pages, or “banner farms”
(iv) Any Website containing or promoting the spread of trojans, viruses, malware, any malicious code, or auto-installing scripts.
(v) Websites using auto-redirects, auto-refreshes, or similar code to divert users.
(vi) Websites that have a large amount of proxy traffic from services such as TOR or VPN clients commonly identified as used heavily in the commission of copyright infringement, firewall circumvention or other unlawful activity.
(vii) Distribution of any Copyrighted materials without permission (Copyright Infringement), or linking to any Copyrighted materials (Contributory or Vicarious Infringement).
(viii) Websites whose domain names violate the Anti-Cybersquatting Consumer Protection Act (“ACPA”) or equivalent law as enacted or as may be enacted in applicable countries or jurisdictions.
(ix) Websites that sell or distribute counterfeit or illegal goods, or serve the sole purpose of unlawfully distributing either counterfeit or bona fide goods (e.g. cross-border shipping of prescription-only or counterfeit goods).
(b) RESTRICTED WEBSITES;
– The following types of Websites may be removed the PopIsle service without notice; this list is illustrative and non-exhaustive, rather than exclusive in nature:
(i) Websites written in languages other than English.
(ii) Websites that contain high volume of traffic from “Tier 3” countries with abnormally low conversion ratios and/or a high incidence of copyright infringement (e.g. India, Ukraine, Thailand), including but not limited to sites with traffic that is undesirable to Advertisers or which otherwise are not valuable to PopIsle’ Users.
(iii) Websites that contain excessive advertising (i.e. multiple pop-ups, pop-unders or interstitials).
V. FEES AND PAYMENT
– PopIsle shall make payments to Publishers once ad space is delivered, referred to herein as “Payment,” subject to the conditions below:
(a) Publishers may request payment at any time, to be paid at PopIsle’ discretion, if the Publisher’s account balance is above the minimum for the payment method requested, as determined by PopIsle’ management.
(b) Users are eligible for a 10% revenue share for referring Publishers who sell direct ad spots to Advertisers. The 10% rate is based on PopIsle’ commission, and is paid out indefinitely, subject to change. Users will not be paid for referring themselves, and cannot be paid using more than one account. Self-dealing, such as through the fraudulent creation of several accounts for one individual’s use, will not be tolerated and is a basis for terminating a User’s account(s) and permanently banning the User from PopIsle’ services, at PopIsle’ discretion.
(c) Payment will be made via PopIsle’ available payment options, as listed on the Payment Requests page. These payment options are subject to change at any time, without notice.
(d) Any funds deposited into an account will not be paid out via any other method. Refunds are provided only business or individual who deposited them into a User’s account.
(e) Our system closes every publisher’s earnings four times a month. The payments will be sent out 5 workdays after the earnings have been finalized.
(f) Minimum payout is $10. Some payment methods have higher minimums. All balances will be carried forward until a payment request is made.
(g) Any chargebacks for ads purchased from any Publisher, will be debited from that Publisher’s account balance.
(h) Any publisher in violation of our Terms of Service will not be paid for any advertising sold, including any existing, accrued or pending earnings.
(i) User bears full responsibility for any fees incurred due to inaccurate information provided to PopIsle; PopIsle shall not waive these fees.
VI. AUTORENEWAL AND AUTOPAYMENTS
– AutoRenewal is an optional service provided to Advertisers that allows advertising space to be automatically rebilled indefinitely and debited from their account balance held with PopIsle. Advertisers subscribing to PopIsle’ AutoRenewal service agree and shall adhere to the following conditions in this Section:
(a) Advertisers are responsible for management of their AutoRenewal settings, which can be enabled or disabled at any time via their online account.
(b) AutoRenewal amounts are identical to the previously agreed purchase price for each individual ad.
(c) Advertisers understand that they will be automatically rebilled via account balance for advertising space with AutoRenew enabled.
VII. PUBLISHER’S IMPLEMENTATION OF ADVERTISEMENTS
– Publisher agrees to comply with specifications provided by PopIsle for the proper display of advertisements in connection with the PopIsle service. Modification or abuse of advertising display or manipulation of linking code is prohibited. Publisher further agrees to the following terms and conditions in using PopIsle’ services:
(a) Publisher is responsible for accurate advertisement pricing and purchase prices provided to Advertisers. PopIsle will not be held responsible for any errors related to advertising pricing, and Users agree not to hold PopIsle responsible for any advertising pricing discrepancies.
(b) Publisher must select accurate settings for their Website category, niche, or rating. PopIsle may change or restrict Publisher’s settings if they are not accurate.
VIII. PUBLISHER’S AD DELIVERY
– User agrees that when buying ads, the click statistics provided are based on past performance of other Advertisers and may not reflect the actual traffic they may receive. Actual clicks to an Advertiser’s Website will vary and may be higher or lower than past performance. Delivery of Advertising is determined by time, not by clicks or volume of traffic. Publishers may have transactions voided or partially credited if they fail to deliver purchased advertising space and time. Refunds will be at the sole discretion of PopIsle. These circumstances include but are not limited to:
(a) Publishers who remove adzones from their website(s) while ads are sold to an Advertiser. Ads must be refunded before removing an adzone.
(b) Publishers who mislead Advertisers by providing placement descriptions that are grossly inaccurate.
– PopIsle will investigate all Refund requests before any Refund is given. Any and all claims must be made within 30 days of initial purchase date, and are at the sole discretion of PopIsle, subject to the following conditions:
(a) Will not be given to Advertisers based on poor advertisement click or conversion performance.
(b) If a Refund is provided, it will be provided only for undelivered advertising time due to outage, technical malfunction or other reason justifying a refund as determined at PopIsle’ management’s discretion, and will not include delivered advertising time.
(c) A Refund (full or partial) may be provided if proof of Prohibited Use by a Publisher is provided.
(d) All refunds are subject to a 10% fee.
(e) Any Publisher, or PopIsle, can refund any Advertiser ad at any time at their sole discretion.
(f) Any User account subject to, threatened with, or reasonably expecting any credit card chargeback, as determined exclusively by PopIsle’ management, will have their account immediately terminated without notice.
X. LIMITATIONS OF USE AND PROHIBITIONS
– PopIsle reserves the right to disallow certain uses of its services, or for certain content to be displayed and distributed through its services. These restrictions are discussed in greater detail below; these prohibitions are not exclusive or exhaustive, and PopIsle retains discretion to prohibit any use or content at any time, without notice:
(A) PROHIBITED USES
– Users warrant, represent and agree that it will not contribute, submit or make available through the PopIsle service, any website or content that is infringing on intellectual property rights of any kind, libelous, defamatory, obscene, abusive, offensive, or which otherwise violates any law or right of any third party. Any fraudulent, abusive, or otherwise illegal activity is grounds for termination of the user’s right to use the PopIsle service or to access the site. (See Prohibited Content,” Section X(b)). Users shall not, and shall neither authorize nor encourage any third party to do the following:
(i) Generate fraudulent impressions or fraudulent clicks on any advertisement, including but not limited to using repeated manual clicks, use of robots or other automated scripts, tools and/or computer generated requests, generating blind clicks on any advertisement or zone, and/or the fraudulent use of other optimization services and/or software;
(ii) Use any advertisement link outside the provided adzone code; Including but not limited to blind/direct linking, or popups/popunders.
(iii) Edit, modify, filter, or change the order of the information contained in any advertisement, or remove, obscure, resize, re-scale or minimize any advertisement in any way;
(iv) Redirect an end user away from any web page accessed by an end user after clicking on any part of an advertisement, or display a separate, unauthorized interstitial advertisement before directing an end user to a web page accessed by clicking on any part of an advertisement;
(v) Use the PopIsle service to solicit or privately contact Publishers or Advertisers for private advertising deals;
(vi) Create fraudulent accounts, or multiple accounts for Users that have been previously suspended, deleted or banned;
(vii) Use of proxy services such as TOR or Virtual Private Networks, IP or MAC address spoofing, or modification of any visitor data;
(viii) Mislead any User to click an advertisement in any way. This includes making false, misleading, or invalid claims, statements, or promises;
(ix) Cause the spread of malware, trojans, viruses, any malicious code, or auto-installing scripts;
(x) Send unsolicited “spam” emails, Post “spam” links, or any other “spam” activity through any electronic media to promote or otherwise solicit traffic or clicks to any website in the PopIsle network;
(xi) Use adzones as Float/Layer/Video ads, unless guidelines in IMPLEMENTATION (Section VII) are followed.
(b) PROHIBITED CONTENT
– User warrants, represents and agrees that it will not contribute, submit or make available through the PopIsle service, at the sole discretion of PopIsle, any Website or Content that implies or contains material that constitutes or depicts:
(i) Child pornography or underage.
(ii) Rape, abuse, hate, or excessively violent.
(iii) Any illegal activity.
(iv) Any material that would be obscene within its originating jurisdiction; including but not limited to: bestiality.
(v) Otherwise deemed unacceptable, without PopIsle’ previous written approval.
– User agrees that PopIsle may investigate any aspect of any account at any time without notice. PopIsle reserves the right to restrict a User’s Payments, access to the PopIsle service while an investigation is pending. PopIsle reserves the right to run diagnostic tests on Users’ impressions or clicks without paying any compensation or other concession to the User.
XII. LIMITATION OF LIABILITY
– In no event shall PopIsle, its owners, employees, Advertisers, Publishers, Users, or any entity in relation to PopIsle be liable for any indirect, incidental, punitive, or consequential damages of any kind whatsoever. User expressly waives any and all contractual or tort claims in law or equity against PopIsle related to its services as a condition of using these services.
XIII. USERS BEAR SOLE RESPONSIBILITY FOR USERS’ WEBSITE(S)
– User is solely responsible for the development, operation and maintenance of their website and all materials that appear on Users’ websites used in connection with the PopIsle service. PopIsle expressly disclaims any ownership or control of Users’ sites or content, and thus any liability arising from such websites or content. User acknowledges full responsibility for their websites and their activities in conjunction. User shall be responsible for ensuring materials made available through their websites do not violate or infringe upon any laws, including but not limited to 18 U.S.C. § 2257, any other laws, and the rights of any third party.
XIV. NO GUARANTEE, NO WARRANTY
– PopIsle makes no guarantee regarding the level of impressions or clicks to any website or advertisement. Users understand that past advertisement performance does not guarantee or suggest similar future performance. PopIsle makes no warranty regarding the quality or productivity of advertisements or web traffic. User acknowledges that sophisticated click fraud exists, is not preventable, and that new methods may come into existence; Users agree that PopIsle is not responsible for any click fraud it is not able to detect.
XV. CHOICE OF LAW, DISPUTES
– User and PopIsle agree that these Terms of Service shall be construed under the laws of Saskatchewan, Canada. By using PopIsle’ services, User consents to the personal jurisdiction and proper venue of a court or arbitral panel of competent jurisdiction in the Saskatchewan Province of Canada, the proceedings of which shall be bound by Canadian law. User agrees as a condition of using PopIsle’ services that any and all disputes with PopIsle shall be initiated in the Saskatchewan Province of Canada. USER AGREES THAT THE LOSING PARTY IN ANY ARBITRATED OR LITIGATED DISPUTE WITH PopIsle SHALL BEAR THE PREVAILING PARTY’S LEGAL FEES, COSTS, AND ANY ARBITRATOR’S FEE.
XVI. WHOLE AGREEMENT, SEVERABILITY
– This document constitutes the entire Terms of Service between the PopIsle and the User with respect to the subject matter hereof, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter. These Terms of Service, as periodically updated by PopIsle, shall be binding on the heirs, executors, administrators and other legal representatives and assigns of the User, and is for the benefit of the PopIsle and its successors and assigns. If for any reason a court or arbitrator of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms of Service will continue in full force and effect. Failure by PopIsle to enforce any provision of these Terms of Service will not be deemed a waiver of future enforcement of that or any other provision, and no waiver of one breach will constitute a waiver of subsequent breaches of the same or a different nature. PopIsle, its services, and its contents, including all trademarks, are protected by international copyright and trademark laws. All Rights Reserved.