Terms of Use

PUBLISHER AGREEMENT AND ACCEPTANCE OF PUBLISHERS:

This Athexleads.com Publisher Agreement (the "Agreement") is entered into by and between Athexleads, INC. ("Athexleads.com") and you (the "Publisher"), a participant in the Athexleads.com Publisher Program featured on www.Athexleads.com (the "Athexleads.com Website"), and sets forth the parties' rights and obligations regarding said Publisher Program (the "Publisher Program").

Notwithstanding the effective date of this Agreement, Athexleads.com shall have sole discretion to determine the date that any Publisher is allowed to function as a Publisher through the Publisher Program.

This Agreement is subject to change at Athexleads.com's sole discretion and without prior notice. Changes may include, without limitation, the payout structure, payout amounts, payment procedures and other Publisher Program-related policies. The latest version of this Agreement will be posted on the Athexleads.com Website, and your continued participation constitutes consent to such modifications.

TERM AND TERMINATION

The term of this Agreement begins upon Athexleads.com's written acceptance of the Publisher into the Publisher Program and ends when terminated by either party as set forth herein. The Publisher may terminate this Agreement upon three (3) days' written notice to Athexleads.com. Athexleads.com may terminate this Agreement at any time and for any reason at its sole discretion including, without limitation:

• Where Athexleads.com believes the Publisher is in breach of this Agreement.
• Where Athexleads.com believes the Publisher is engaging in deceptive marketing.
• Where Athexleads.com believes the Publisher is not conducting permission-based marketing that fully complies with applicable laws, including the CAN-SPAM Act.

MARKETING RESTRICTIONS & CONTENT USE

The Publisher must place or use Content only with the intention of delivering valid Compensable Transactions. The Publisher shall not, nor knowingly or negligently permit any person to, activate the Content or inflate the Compensable Transactions through any deceptive or misleading practice, method or technology.

The Publisher agrees and acknowledges it shall not:

• Use incentivized offers without prior written approval.
• Place misleading or deceptive statements in close proximity to the Content.
• Distribute spyware or other similar or harmful software.
• Redirect traffic to a website other than the website listed by the Advertiser.

E-MAIL MARKETING POLICY / CAN-SPAM COMPLIANCE

The Publisher represents and warrants that it will comply with all applicable federal, state, and local laws, rules, and regulations, including without limitation the CAN-SPAM Act of 2003, regarding its e-mail marketing. When performing e-mail marketing of any kind, the Publisher shall transmit commercial e-mail only to those recipients that have given the Publisher Affirmative Consent.

The Publisher must:

• Not falsify e-mail header and transmission information.
• Not use any "subject" or "from" line that is materially false or misleading.
• Include a clear and conspicuous opt-out notice and functional opt-out mechanism.
• Process unsubscribe requests within three (3) days of receipt.

TCPA COMPLIANCE

The Publisher shall comply fully with the Telephone Consumer Protection Act, as amended and updated ("TCPA") for all marketing activity that might result in telemarketing calls or SMS messages. In addition to any other requirements, the Publisher shall obtain prior express written consent from consumers.

PAYMENTS

Athexleads.com shall pay commissions according to the payment terms of the applicable Advertising Campaign ("Commissions"). Payments will be made to the Publisher provided that the Publisher's account has reached the minimum required threshold in accrued revenues. Athexleads.com reserves the right to withhold and/or cancel Commission payments due and owing to the Publisher at its sole discretion when Athexleads.com believes the Publisher is in breach of any term of this Agreement.

QUALITY CONTROL GUIDELINES

Athexleads.com is serious about maintaining the highest quality leads in the industry. Therefore, Athexleads.com will only pay a fee for leads that comply with applicable laws, these Quality Control Guidelines, and that are not generated by fraudulent practices.

• Leads must not come from computer-generated sources such as robots, spiders, computer scripts, or from other automated, artificial or fraudulent methods.
• Leads must not contain false, incomplete, or inaccurate information.
• Unless prior written authorization is provided, Leads must not be incentivized.
• Leads must be delivered to Athexleads.com in real-time.

DISCLAIMERS / LIMITATION OF LIABILITY

The Publisher Program, Athexleads.com Website, and data are provided on an "as is" and "as available" basis and all warranties, express and implied, are disclaimed. Athexleads.com has no liability whatsoever to the Publisher or any third party, for the Publisher's use of, or inability to use, the Publisher Program.

For technical or general questions regarding these Terms, please contact: info@athexleads.com