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This Terms of Service Agreement (the “Agreement”) describes the terms and conditions on which Our Site (“we” or “Company”) offer services to you (“user” or “You”). By using Enligne Survey (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Service, as they may be amended by Enligne Survey. (“Company” or “Enligne Survey”) from time to time in its sole discretion. It is your responsibility to review these Terms of Service periodically, and if at any time you find these Terms of Service unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. Company reserves the right to make changes to the Services and this Agreement at any time and without notice. You agree that by using the service you represent that either (a) you are at least 18 years old and that you are legally able to enter into this agreement; or (b) if you are under the age of majority in your jurisdiction, your parents have read this agreement and agree to it on your behalf.
You are granted a non-exclusive license only to use this Site at the discretion of Enligne Survey; no other license under any invention, patent, copyright, trade secret, or other proprietary right is granted, either directly or indirectly.
Enligne Survey respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by clicking HERE. Enligne Survey privacy policy is expressly incorporated into this Agreement by this reference.
Membership in Enligne Survey is subject to prior approval of enlignesurvey.com. Enligne Survey reserves the right to refuse service to any new or existing Publisher/Advertiser, in its sole discretion, with or without cause. Approval of membership in Enligne Survey is limited only to the specific root URLs for which Publisher/Advertiser has applied for approval. Enligne Survey reserves the right to withhold approval of membership in Enligne Survey based on Website primary language. Enligne Survey reserves the right, in its sole discretion and without liability, to reject, omit or exclude any Publisher/Advertiser or Website for any reason at any time, with or without notice to the Publisher/Advertiser and regardless of whether such Publisher/Advertiser or Website was previously accepted.
Registration with Company shall not confer any right on Publisher/Advertiser to use or access Company's Services. Publisher/Advertiser is subject to approval by Company. All prospective Publishers/Advertisers must be approved by Company before they can become Publishers/Advertisers. Company reserves the right to withhold or refuse approval for any reason or for no reason. Once approved, Publisher's/Advertiser’s continued right to use the Services and participate as a publisher/advertiser of Company is conditioned upon Publisher's/Advertiser’s ongoing compliance with this Agreement and Company's posted policies on the Site. Failure of the Publisher to observe the terms and conditions of this Agreement, or the posted policies will be a material breach and shall disqualify Publisher/Advertiser from any further participation in Company's Services and may result in termination or suspension, and/or the deactivation of all links in any Programs downloaded by Publisher/Advertiser, forfeiture of payment and legal action. Publisher/Advertiser shall promptly notify Company in the event of a material change in its business or marketing strategy. Company's approval of Publisher/Advertiser may be withdrawn by Company at its sole discretion at any time for any reason without prior notification.
Company provides services to advertisers ("Advertisers"), third parties which post a link containing Advertiser's marketing programs ("Program(s)") on Company's proprietary platform ("Platform"). The Program(s) will specify the amount and terms under which Publisher will receive payment when the applicable Program's requirements are fulfilled. Compensation is derived from a specified event ("Event") identified in a Program, such as clicks, click-through, sales, registrations, impressions and leads. In addition Company may post a link to a Program owned and operated by Company. The same terms and conditions apply to all Company owned Programs. Company shall have the right to suspend or terminate its provision of Services at any time, for any reason on ten (10) days’ notice to Publisher.
If Publisher accepts a Program, Publisher agrees to place that Program's advertising links (including the landing page) and creative (including the subject and from lines, the Advertiser CAN-SPAM disclosures and any other disclosures provided therein) (collectively, the "Ad") on Publisher's Media (as defined below) exactly as the Ad appears on the Platform and Publisher will not alter such Ad in any way, including resizing of Ads, without written approval from Company. In addition, Publisher shall comply with the following terms and conditions:
In order to be eligible to become a Publisher, all websites, affiliated websites and e-mail distribution lists (collectively the “Media”) must meet the following criteria:
The virtual currency provided to you pursuant to your use of the Services is not real life currency and has no value whatsoever, either as a currency or otherwise, in the real world. Such virtual currency may not be used for any purpose other than within the framework of the applicable Application for which it was intended by the respective Application owner/operator and subject to the applicable Application owner/operators’ terms of use in relation to such virtual currency. The amount, value and permitted uses of the virtual currency which you may be entitled to receive pursuant to use of the Services (whether via participation in advertising offers and/or payment or real money) is determined solely by the owner/operator of the Application regarding which such virtual money is intended to be used. Enligne Survey is in no way responsible or liable for any matter related to the amount, value or permitted use of the virtual currency received by you.
Earning/Winning Virtual Currency - In order to earn or win the virtual currency, you shall be required to fulfill and complete all the requirements of the applicable advertising offers as set forth in the instructions of the applicable offer. The nature of the requirements to be fulfilled, and the amount and type of virtual currency to which you may be entitled pursuant to the completion of said requirements, are determined solely by the applicable advertiser and the owner/operator of the applicable Application. Enligne Survey is not liable or responsible for the amount and/or type of virtual currency received by you pursuant your participation in any advertising offer and any complaints, errors and/or problems you may have in connection with the foregoing should be reported directly to the owner/operator of the Application. Without derogating from the generality of the foregoing, Enligne Survey is not responsible for any discrepancies between any offer appearing on the Offer Page and any offer actually provided by the applicable Application and the actual payout of virtual currency may not equal to that disclosed on the Offer Page.
Purchase of Virtual Currency - In order to purchase the virtual currency, you shall be required to pay a certain amount of real money as determined by the virtual money per real money value rate detailed and set forth in the instructions appearing in the applicable purchase offer. The amount of real money required to be paid for each unit of the applicable virtual currency is determined solely by the owner/operator of the applicable Application. Furthermore, please be advised that should you decide to purchase the virtual money, the actual money transfer shall be performed by certain third party entities that deal in e-commerce and online money transfers, and such third parties shall be solely responsible for the transfer of your payment to the applicable owner/operator of the Application. Enligne Survey is not liable or responsible for the safe transfer of your payment to its intended destination or for the amount and/or type of virtual currency received by you pursuant your purchasing the virtual currency and any complaints, errors and/or problems you may have in connection with the foregoing should be reported directly to the owner/operator of the Application and/or the applicable third party performing the transfer of your payment, as applicable. In any event, all transactions, for virtual currency or for other items, are considered final, and there will be no refunds.
Some products and services available through or in connection with this Site, including without limitation the ability to execute a financial transaction using this Site, require that you purchase a subscription or otherwise pay a fee. You hereby authorize the Company and its merchant provider to charge your credit card in advance for all applicable fees incurred by you or on your behalf in connection with the product or service you have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Site. The Company reserves the right in its sole discretion to change the amount of, or basis for determining, any fees or charges for services it provides, and to institute new fees, charges, or terms at any time. The Company reserves the right to terminate your ability to use the Site at any time for any reason.
Your right to use the Site to complete a financial transaction is subject to any expenditure limits established by the Company or by your bank, credit card issuer or other financial institution. If you use a debit, credit or other payment card, and payment cannot be charged to your card or your charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate your access to the Site, thereby terminating this Agreement and all obligations of Company hereunder. If you have reason to believe that your financial information is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of any credit, debit, or charge card number stored), you must notify the Company of the problem to avoid possible liability for any unauthorized charges.
It is your responsibility to notify the Company if your credit card has changed or has expired and to make appropriate changes or your service may be disconnected or interrupted.
Each party agrees to use the other party's Confidential Information solely for the purposes contemplated by this Agreement, and to refrain from disclosing the other party's Confidential Information to any third-party, unless:
While an approved Publisher and for one hundred eighty (180) days thereafter, Publisher shall not participate in any performance based advertising relationship with any Advertiser within Company's network for which Publisher undertook services on behalf of Company, unless a previously existing business relationship between Advertiser and Publisher can be demonstrated to the reasonable satisfaction of Company. Because Company will be irreparably harmed by Publisher's conduct, and because the true extent of such harm will be impossible to quantify, monetary damages will not be an adequate remedy for any such conduct. Publisher agrees that Company shall be entitled to injunctive relief precluding Publisher from taking or continuing any action or conduct in violation of this provision, to be issued by any court of competent jurisdiction upon a showing of any such conduct by Publisher without posting bond or required demonstration of monetary damages. Such injunctive relief is in addition to and not exclusive of all other rights and remedies available to Company. The ability to seek and obtain injunctive relief is a bargained for provision of this Agreement. In addition, both parties agree and acknowledge that if Publisher violates its obligations under this Paragraph 6, in addition to injunctive relieve, Company will be entitled to liquidated damages in the amount of forty-five percent (45%) of the gross revenues resulting from sales conducted by Advertiser through the advertising or marketing efforts of Publisher.
Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your usage records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
Company hereby disclaims all WARRANTIES. Company is making the site available “AS IS” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. to the maximum extent permitted by law, company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Company does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted or error-free.
Company’s liability to you is limited. to the maximum extent permitted by law, in no event shall company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Company has no control over, and no liability for any third party websites or materials. Company may, from time to time, work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Last Edited on 2024-08-05