Terms of Service - 1stMarketingTraffic


By using our reseller services, you hereby certify that you have read and agree to the following terms of service:

  1. Targeted Traffic Packages Terms of Service.
  2. Expired Domain Traffic Terms of Service.

1. Targeted Traffic Packages Terms of Service

Please read the entire agreement. The agreement ends with the text "END OF AGREEMENT"

This is a legal agreement between you and 1stMarketingTraffic.com (1stMarketingTraffic). This agreement concerns your purchase of a service in which 1stMarketingTraffic agrees to send visitors to a URL specified by you or your customer ("the service" or "the package").

You are buying access to our wholesale traffic. All functionality is viewable prior to your signing up, so please make sure it is to your satisfaction since refunds cannot be issued once access is granted.

You are guaranteed that 1stMarketingTraffic will send the number of visitors to the URL specified within 30 days of the campaign starting date. This is the only guarantee for this service. In no event shall 1stMarketingTraffic be liable for any consequential, direct, indirect, incidental, punitive, or other damages whatsoever (including, but not limited to, damages for loss of profits, loss of information or other pecuniary loss) arising out of the use or inability to use the package, even if 1stMarketingTraffic has been advised of the possibility of such damages. This guarantee applies to "Guaranteed Visitors" which encompasses "Exit Popunders" and "Banner Ads" and EXCLUDES those campaigns which rely on a visitor clicking on the actual presented element to be counted (Charge-per-click [CPC] banner or text ads; Pay-per-Click (PPC) search engines; and email campaigns are part of this excluded group)

If we are unable to deliver the number of visitors promised within 30 days of the campaign starting date, you may claim a refund. In the unlikely event that 1stMarketingTraffic does not deliver the number of visitors promised, we will provide a refund of your entire purchase price on a pro-rata basis. In cases where refunds are claimed, we reserve the right to require proof that the proper number of visitors were not delivered. Stats, data and other information from third party counters (e.g. Extreme-DM.com, hitbox) are not sufficient to establish a claim. These counting systems tend to yield an improper count.

If we dispute your claim, you must provide us with RAW server logs from the site and time period in question - this is the only reliable method of counting a visitor and is the ONLY determinant used.

1stMarketingTraffic will not deliver visitors to sites with popup windows (unless pre-specified as such) . Any additional window generated by your site shall be considered a popup window, including popunder windows and javascript alert windows. If a popup window is installed on the URL at any time after the campaign has begun, 1stMarketingTraffic may stop the campaign and you will not be entitled to a refund. Popups may be used with our CPC traffic.

1stMarketingTraffic will not deliver visitors to sites containing content that is not appropriate for viewing by a general. Inappropriate content includes, but is not limited to, adult content, hate text, illegal content and content that encourages illegal activities or violence. What constitutes inappropriate content shall be determined at the sole discretion of 1stMarketingTraffic.

1stMarketingTraffic will review your site before beginning the campaign. If your site is changed during the campaign such that it includes inappropriate content, 1stMarketingTraffic may stop your campaign immediately. In this case, you will also not be entitled to a refund.

1stMarketingTraffic cannot be held responsible for factors beyond our control that may interfere with our ability to deliver visitors to your URL. Such factors include, but are not limited to: downtime on your server, overuse of your bandwidth quota (if applicable), errors on your site and network outages beyond our servers. Please contact your web hosting company or network provider if you are unsure about whether your hosting account is sufficient for the program you are ordering.

This Agreement is the entire agreement between you and 1stMarketingTraffic and supersedes any other understandings or agreements, including, but not limited to, advertising with respect to the package.

TERMINOLOGY: (1) In the present context, a visit generally occurs when a text file is loaded from your server (this includes HTML files). A hit occurs when a file is loaded from your web server. Since loading a single web page can cause several files to load (e.g. images), several hits usually occur when a page is loaded. Thus, the number of hits is always greater than (or equal to) the number of visits. The term “number of visitors” is interchangeable with the term “number of visits.” Several “visits” may originate from a single IP address or individual. This generally occurs when an individual returns to or reloads a webpage. (2) “Pro-rata” refunds are calculated by dividing the number of visits we delivered by the number of visits you ordered. The result of this calculation is subtracted from 1 and the resulting figure is multiplied by your purchase price to derive the “pro-rata” refund.

If any provision of this Agreement is deemed invalid or unenforceable by any jurisdiction or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect.


2. Expired Domain Traffic Terms of Service.


These TERM and CONDITIONS are an agreement between you ("CUSTOMER, CLIENT") and 1stMarketingTraffic ("us"). They should be read and understood.

Client acknowledges that by placing an order with 1stMarketingTraffic that they have read, acknowledged and fully understood ALL paragraphs of these TERMS AND CONDITIONS.

All campaigns are considered active the moment the first visitor (Hits/Traffic) is delivered to the client site.

Client is financially responsible for every hit / traffic delivered to their website. You agree to pay for all traffic that was sent to you or your customers website.

All traffic/hits will be delivered to the website address submitted with the order. In the event that there is an error with the submitted URL, the Client will not hold 1stMarketingTraffic or it's Partner Sites responsible for the error. Any traffic delivered to a Client's site reflecting the above error, will not be credited or entitled to a refund. In the event that the Client's site becomes unavailable for any reason ("server is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated with the internet and its underlying infrastructure"), the Client will not hold 1stMarketingTraffic or its Partner Sites responsible for these errors. All/Any traffic delivered to the Client's site during this down time will not be credited or refunded.

In the event that any of the above errors occur including any errors not listed but clearly intended, the client may submit in writing a request for the campaign to be placed on hold. Upon resolution of the problem the held campaign will continue. ANY TRAFFIC PREVIOUSLY SENT WILL NOT BE CREDITED OR REFUNDED!

We use a state of the art tracking system to track your ad campaign. Each order is given a unique campaign id which is used to track visitors to your site by day/time. When we provide an ad view, 1stMarketingTraffic points the visitors to this campaign id.

The client understands that if the visitor viewing the the ad closes it before it finishes loading (due to network bandwidth, high impact graphics, animation or lack of interest on the visitors part etc.), IT WILL COUNT AS AN AD VIEW ON OUR SYSTEM, WE HAVE SENT YOUR SITE TO THE VISITOR AND HAVE THEREFORE FULFILLED OUR OBLIGATION. It is important to note that this scenario may not appear in your website statistics. 1stMarketingTraffic cannot control the acts of the individuals viewing your site and will not be held responsible for these actions.

Client understands that HIT COUNTERS on your site DO NOT ACCURATELY REPRESENT THE NUMBER OF VISITORS SENT TO YOUR SITE. This is due to the large amounts of traffic sent to the site in a relatively short timeframe. Client also understands that 1stMarketingTraffic does not guarantee sales or signups and will not issue a refund if none are achieved.

Client acknowledges that the order is for the stated term. These terms and conditions are subject to change at any time after the stated term has ended.

In the event that there is a discrepancy between the amount of traffic delivered by 1stMarketingTraffic, and the amount of traffic delivered to the Client, on their behalf, 1stMarketingTraffic and the client both agree to use the report prepared by our ("1stMarketingTraffic") campaign manager to be the official report. The client understands and acknowledges that the campaign report received by 1stMarketingTraffic to be true and accurate and agrees to hold 1stMarketingTraffic, it's parent company as well as all companies and individuals involved harmless for any unexpected results arising from any advertising campaign.

Support staff is available virtually 24 hours/day, all requests must be made via the Support Center. Client also understands that technical support may not be available at the exact time in which the client initiates contact. It is our policy to respond to all e-mails within 24-48 hours.

Client agrees to these terms of service and understands that they are legally binding.

1stMarketingTraffic will not promote spam, scam, hate, warez, hacking or any other site/offer that could be considered offensive to the most discriminate viewer. Any attempt to bypass our intended guidelines will result in account cancellation and no recourse for refund. If you have any further questions or concerns, please do not hesitate to contact us via the Support Center

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