Provider (Traffic Excess.com) will deliver the said number of
leads in the appropriate time frame and will contain a valid
Telephone number and contact. Leads with disconnected,
out of service, or a wrong Telephone number may be exchanged
on a 1 to 1 ratio.
will not be held responsible or liable for any direct or
indirect occurrences due to technical difficulties.
is not responsible for sales to be generated as a result
of the exposure provided in selected service.
will not be held responsible on products, services, or
content provided in advertising by Provider.
will maintain rights of privacy concerning method and
technique utilized in providing of stated services, and
any patents pending.
will utilize promotional acceptable methods of the
Internet and E-Commerce.
- Billing: All payments shall be due and payable in
advance. Campaigns not completed within 1 month will be
refunded upon request.
Refunds are made
within 2 weeks.
Representation, Warranties and Indemnities:
Traffic Excess.com reserves the right to terminate this
Agreement for any reason, without prior notice to Client.
Traffic Excess.com shall deliver notice of termination of this
Agreement within five (5) business days of the effective date
of such termination. Notice shall be deemed to have been
delivered as of the date stamped by the U.S. Postal Service,
if sent by first class mail, or on the day transmitted if sent
by facsimile transmission or email transmission.
If Traffic Excess.com terminates this Agreement due to failure
by Client to timely make payment hereunder, notice from
Traffic Excess.com can also include voicemail, email and/or
telephone notice, which are deemed delivered upon
is solely responsible for any legal liability or obligation
arising out of or relating to the products and services
provided by Traffic Excess.com.
agrees to indemnify and to hold Traffic Excess.com, its
officers, directors, employees and agents harmless from any
and all liability, loss, damages, claims, or causes of action,
including, but not limited to, reasonable legal fees and
expenses that may be incurred by Traffic Excess.com or such
persons, arising out of or related to the products and
services and/or Client's breach of any of the foregoing
representations and warranties.
the event that legal or other collection assistance is
required to collect any overdue balance or to enforce any
provision of this Agreement, Client shall pay for such legal
or other collection assistance, including without limitation
reasonable attorney’s fees and expenses.
Excess.com is not
responsible or liable for any errors in content, omissions,
consequences, damages, costs, refunds or rebates of any kind
arising from any interruption of service or other
unavailability of the Internet or Web site.
This Agreement supersedes and replaces any existing written or
oral agreements between Traffic Excess.com and Client, with
respect to the aforesaid products and services, and may be
modified only in writing signed by both parties; it being
understood that the parties may enter into separate agreements
with respect to other products and services. Any failure by
Traffic Excess.com to enforce any provision of this Agreement
shall not constitute a waiver of any term hereof. This
Agreement contains the entire agreement between the parties.
If any provision of this Agreement is determined to be
invalid, illegal or unenforceable, the enforceability of the
remaining provisions shall not be affected.