a
username
password
Do you have traffic? Click to contact us!

Terms and Conditions

These Terms and Conditions (the "Terms and Conditions" or 'Agreement') are between you and Media Traffic Agency ("MTA") and govern your use of and participation in the MTA cost-per-view advertising program (collectively, the "Program").

"You" or "Advertiser" means the entity identified in this enrollment form, and/or any agency acting on its behalf, which shall also be bound by the terms of this Agreement. Please read very carefully these Terms and Conditions.

1. AUTHORIZED USES

The Program enables you to select any targeted keywords, URL and/or search term that, when identified as a part of an URL visited by an user, may cause a pop-up or pop-under window to appear containing your web site or other destination (the 'Ad') on the screen of an end user's computer while connected to the Internet or may display your Ad on the web site of a third party. You agree that MTA may display your Ad on: (i) any computer that has installed MTA's software application for the display of ads (the 'MTA Application'); (ii) any computer that has installed a third party software application for the display of ads (the 'Partner Application') and that displays your Ad as a result of an agreement between MTA and a third party (the 'Partner'); or (iii) a third party web site maintained by a Partner ('Partner Web sites'). Unless otherwise agreed to in writing by MTA, MTA reserves the right to, and in its sole discretion may, at any time reject, modify or remove any Ad. The Partners may also have certain rights allowing them to reject, modify or withdraw Ads placed on the Partner Application or Partner Web sites. No liability of MTA and/or any Partner shall result from any such decision.

2. COMMUNICATIONS SOLELY WITH MTA

Even if your Ad(s) are placed on a Partner Application or Partner Web site, you agree to direct to MTA, and not to any Partner, any communication regarding your Ad(s) on any Partner Application or Partner Web site.

3. PARTIES' RESPONSIBILITIES

You are solely responsible for the selection and use of all keywords, domains, categories, and other targeting mechanism that are used by the Program to trigger the display of your Ad (collectively, 'Targets'), for the content of your Ad, for any items linked to your Ad and for all transactions with, or information provided to, end users through your Ads.

It's Advertiser's responsibility to manage the Campaigns purchased in MTA's Program.  If the Advertiser uses the Program to generate sales on any websites, MTA doesn't guarantee that the Program will generate any sales on the said websites. MTA’s responsibility is limited to sending potential customer, as defined by Advertiser by choosing the Targets.

If the Advertiser requires the help or involvement of MTA’s employees to manage the Campaigns, Advertiser will not hold MTA and/or the said employees responsible if the results of the Campaigns are not satisfactory to Advertiser. It’s Advertiser’s sole responsibility, AT ALL TIMES, to verify that the Campaigns are setup properly and in a satisfactory manner in MTA’s Program.

4. PERSONS UNDER 18 YEARS OLD

If you are younger than 18 years old, you are prohibited from registering and using this Program. By using our Program, you warrant to MTA that you are at least the age of 18 or that you are not a "minor" as this term is defined in the jurisdiction where you are domiciled.

5. PROHIBITED USES

MTA strictly prohibits: (a) using the Program or any device or means to generate fraudulent visits of Ad(s) or third-party ad(s), including but not limited to clicking ads for any purpose other than by an individual consumer interested in the content of the specific ad, using robots or other automated query tools and/or computer generated requests, and/or the fraudulent use of other optimization services and/or software; (b) advertising any substances, services, products or materials that are illegal in any state or country where the Ad is displayed; (c) without a direct click on your Ad from the user, open any other window also known as pop-up, pop-under, exit-pop; (d) displaying any download prompt or Active-X launch prompt or Active-X auto-install without having a direct click on your Ad from the user; (e) to redirect the user to another URL without having a direct click on your Ad from the user; (f) tampering with the size of the window inside which the destination is displayed in a manner that prevents the title bar and window closing controls from being visible, (g) advertise, promote or offer any product, method or practice that could interfere or adversely affect MTA's program, software's or network; (h) advertising any product of an adult nature is prohibited from being advertise on MTA's Program, including but not limited to images, videos or texts portraying nudity, sexual acts or products of an adult nature like drugs, adult toys or contraceptives. (i) using the Program in any way that violates any policy provided to you in writing; or (j) engaging in any illegal or fraudulent business practice under the laws of any state or country where the Ad is displayed. (k) plays audio without a click from the user, (l) intentionally targeting a merchant website with the express purpose of cookie stuffing or affiliate fraud. Violation of these policies may result in immediate termination of this Agreement, seizure of any unused funds and may subject you to other legal consequences.

6. TERMINATION CANCELLATION

MTA may at any time, in its sole discretion, immediately terminate the Program, terminate this Agreement, or cancel any Ad(s) or your use of any Target. MTA will make commercially reasonable efforts to notify you via email of any such termination or cancellation within a reasonable period of time. You may cancel any Ads and/or terminate this Agreement with or without cause at any time by deactivating a campaign in the Campaign Manager. Upon termination for any reason: (a) you shall remain liable for any amount due for Ads already delivered; and (b) Sections 2 and 4 through 13 shall survive any termination.

7. DISCLAIMER OF WARRANTIES

The program, MTA application, partner application, PARTNER WEB SITES and other services in connection with this agreement are provided to you “as is” and MTA expressly disclaims all warranties, express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non infringement, and any warranties arising out of course of dealing, usage, or trade. MTA does not warrant that the program will meet your requirements or that the operation of the program will be error-free or uninterrupted. MTA shall not be liable to you for any inoperability of the program or for any loss of information or other injury, damage or disruption of any kind. Any use by you of the program is at your own risk. MTA makes no guarantee regarding the levels of visits or clicks for any Ad on the MTA Application, Partner Application or Partner Web site. MTA may offer the same Target to more than one advertiser. You may not receive any visits for your Ad(s) if for a given Target there are more advertisers than available display positions. MTA has no control over the installation, operation or content of the Partner Application and Partner Web sites. By making a decision to place your Ads on a Partner Application or Partner Web site, you acknowledge that you are doing so at your sole risk.

8. LIMITATIONS OF LIABILITY

In no event will MTA, it’s parent, affiliates and/or subsidiaries, and each respective officers, partners, members, managers, employees and agents be liable to you for any special, indirect, incidental or consequential damages (including without limitation loss of use, data, business or profits or costs of cover) arising out of or in connection with this agreement or the use or performance of the Program, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), product liability or otherwise, and whether or not MTA has been advised of the possibility of such loss or damage. MTA’S cumulative liability to you, from all causes of action and all theories of liability, will be limited to and will not exceed the fees paid by you to MTA during the most recent ONE (1) month for the Campaign(s) subject of the claim. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

9. CANADIAN SALES TAXES

9.1 Address outside Canada

If you have provided us with an address outside Canada, we are assuming that you are not a resident of Canada and that you do not have a permanent establishment in Canada, as both of these terms are defined in the Excise Tax Act, and accordingly, no Goods and Services Tax ("GST") and no Québec Sales Tax ("QST") will apply to any charge made under this Program. Additionally, if you are an individual, we are assuming that you are communicating with us from outside Canada.

Should our assumptions be inaccurate or should they eventually become inaccurate while MTA is still providing services to you, you have the obligation to immediately contact us.

9.2 Address in Canada / Outside Québec

If you have provided us with an address in Canada outside the Province of Québec, we are assuming that you are not a resident of Québec and that you do not have a permanent establishment in Québec, as both of these terms are defined in An Act Respecting the Québec Sales Tax, and accordingly, only GST will apply to any charge made under this Program. Additionally, if you are an individual, we are assuming that you are communicating with us from outside the Province of Québec.

Should our assumptions be inaccurate or should they eventually become inaccurate while MTA is still providing services to you, you have the obligation to immediately contact us.

9.3 Address in Canada / In Québec

If you have provided us with an address in Canada and in the Province of Québec, GST and QST will apply to any charge made under this Program.

10. PAYMENT

You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that MTA may change its minimum pricing at any time. If you dispute any charge made under the Program, you must notify MTA in writing within thirty (30) days of any such charge; failure to so notify MTA shall result in the waiver by you of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by MTA. No other measurements or statistics of any kind shall be accepted by MTA or have any effect under this Agreement.

11. REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (i) all of the information provided by you to MTA to enroll in the Program is accurate and complete, and that you will promptly update such information when it is no longer current; (i) you hold all rights to permit MTA and any Partner(s) to use, reproduce, display, transmit and distribute ("Use") your Ad(s); and (iii) MTA's and any Partner(s) Use of your Ads, your selected Target(s), and any web site(s) linked to, and products or services to which users are directed, will not, in any state or country where the Ad is displayed (a) violate any law, rule or regulation of any governmental entity or regulatory authority; (b) infringe upon the intellectual property or proprietary rights of any third party, including but not limited to trademarks, copyrights or rights of publicity; (c) encourage conduct that would violate any criminal or civil law; or (d) contain content that is false, misleading, defamatory, libelous, slanderous or threatening.

12. INDEMNIFICATION

You agree to indemnify, defend and hold MTA, all relevant Partner(s), and their licensors, licensees, affiliated companies, consultants, contractors, agents, attorneys and employees harmless from and against any and all liability, loss, damages, claims or causes of action, including internal and external legal fees and expenses, arising out of, related to or which may arise from your use of the Program, your Ads, your selection and use of Targets, and/or your breach of any term of this Agreement.

13. INFORMATION RIGHTS, CONFIDENTIALITY AND PRIVACY

You shall have the right to use the reports provided or made available to you by MTA regarding your Ads. Notwithstanding the foregoing, all data collected in connection with the Program shall be owned by MTA.

Each party agrees that all code, inventions, algorithms, know-how and ideas, and all other business, technical and financial information they obtain from the other, are the confidential property of the disclosing party ("Confidential Information").  The receiving party shall not be obligated under this Section with respect to information the receiving party can document: (i) is or has become readily publicly available without restriction through no fault of the receiving party or its employees or agents; or (ii) is received without restriction from a third party lawfully in possession of such information and lawfully empowered to disclose such information; (iii) was rightfully in the possession of the receiving party without restriction prior to its disclosure by the other party; or (iv) is independently developed by the receiving party without use of the disclosing party's Confidential Information. The receiving party may make disclosures required by law or court order provided the receiving party uses reasonable efforts to limit disclosure and to obtain confidential treatment.

MTA's Privacy Policy can be found at: http://mediatraffic.com/privacy.php

14. ADVERTISER SATISFACTION

MTA strives to offer the best service possible to its Advertisers. Once an Advertiser makes an initial deposit in the Program, he has thirty (30) days to ask for a refund of the account balance if he isn't satisfied with MTA's Program. As soon as an Advertiser makes a second deposit in the Program, it is hereby understood that a refund will only be issued for a balance greater than $50 and a processing fee of 10% will be deducted from the refund.

All cancellation requests should be sent to accounting at mediatraffic.com. Advertisers cancelled / terminated by MTA for violating these Terms and Conditions are not entitled to a refund. Please allow 2-4 weeks for refunds to be processed. MTA can change this policy at any time.

15. PRESS RELEASES

The Advertiser shall not issue any press releases or other public statements concerning the existence, subject matter, terms or performance of these Terms and Conditions without MTA's express prior written approval.  This provision shall survive these Terms and Conditions for a period of two (2) years.

16. ARBITRATION

You will be responsible for all reasonable expenses (including attorneys' fees) incurred by MTA in collecting unpaid amounts under this Agreement. This Agreement shall be governed by the laws of the province of Quebec and, to the extent applicable, Canada federal laws, without reference to any conflict of laws principles.

Any claim or controversy arising out of or related to this Agreement, or the products or services we provide and/or distribute shall be settled by binding arbitration in accordance with the rules of the province of Quebec Provincial , National and International Commercial Arbitration Centre. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. You agree to pay any/all direct and/or indirect costs arising out or related to the claim and/or controversy, including but not limited to legal costs, transportation, accommodation, telephone calls. The foregoing shall not preclude MTA from seeking any injunctive relief for protection of MTA, intellectual property rights.

17. MISCELLANEOUS TERMS AND CONDITIONS

The currency used for purposes of this Agreement shall be United States Dollars (USD).

Media Traffic requires all advertisers to provide proof of identification before advertising on the MTA network. MTA reserves the right to refuse any advertiser for any reason including but not limited to: country of residence, reputation and associations.

This Terms and Conditions constitute the entire agreement between you and us with respect to your use of our Ad Program or Services, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Any changes that we make to these Terms and Conditions will be posted at http://www.mediatraffic.com/terms.php. Your use of our Programs and Services will always be governed by the TERMS AND CONDITIONS in effect at the time of use.

(Last revised: April 16th, 2009)