These Terms Of Service Constitute An Agreement (This “Agreement”) For The Provision Of Cloud Services By Metricks Inc. And Any Person Or Entity Opening An Online Account With Tricks Inc (“Customer”) As Specified In The Information Provided By Customer To Metricks In The Online Registration Form. These Terms And Conditions ("Terms", "Terms And Conditions") Govern Your Relationship With Metricks Website (The "Service") Operated By Metricks Inc ("Us", "We", Or "Our"). This Agreement Is Effective As Of The Date Customer Clicks “Accepted And Agreed To” Or A Similar Button In The Process Of Opening An Online Account With Metricks Inc(The “Effective Date”). Customer’s Use Of And Metricks’s Provision Of The Cloud Services And Metricks System (Each As Defined Below) Are Governed By This Agreement.
This Agreement is effective as of the date Customer clicks “Accepted and Agreed To” or a similar button in the process of opening an online account with Metricks Inc (the “Effective Date”). Customer’s use of and Metricks’s provision of the Cloud Services and Metricks System (each as defined below) are governed by this Agreement.
Website Terms and Conditions of Use
Please Read These Terms Of Service Carefully Before Using The Service As They Contain Important Information Regarding The Legal Rights, Remedies And Obligations. Your Access To And Use Of The Service Is Conditioned On Your Acceptance Of And Compliance With These Terms. These Terms Apply To All Visitors, Users And Others Who Access Or Use The Service.
By Accessing This Website, Accessible From Http://Metricks.Io, You Are Agreeing To Be Bound By These Website Terms And Conditions Of Use And Agree That You Are Responsible For The Agreement With Any Applicable Local Laws. If You Disagree With Any Of TheseDefinitions Terms, You Are Prohibited From Accessing This Site. The Materials Contained In This Website Are Protected By Copyright And Trademark Law. You Agree That Metricks Reserves The Right To Update And Change These Terms From Time To Time Without Notice.
Any New Updates, Features Or Options That Will Be Added To The Service, Including The Release Of New Tools And Resources, Shall Be Subject To These Terms. Please Note That These Terms May Be Amended From Time To Time. In Continuing To Use The Service You Confirm That You Accept The Then-Current Terms And Conditions In Full At The Time You Use The Service.
Metricks Is A Company That Enables Advertisers (“Advertisers”) To Market Their Products Online With The Help Of Publishers (“Affiliates”). Metricks Contracts Only With Advertisers And Have No Responsibility In The Relationship Between Advertisers And Affiliates. Metricks Offers Tools To Improve, Register And Facilitate Online Marketing Through Affiliates (The “Service”). The Payment Of Affiliates Shall Always Be The Sole Responsibility Of The Advertisers And Metricks Shall Therefore Never Be Held Liable For Any Damages Resulting From Any Failure Of The Advertiser To Pay An Affiliate In A Complete And Timely Manner.
By Accepting These Terms, Any Advertiser Using Our Service Warrants That He Will Pay The Relevant Affiliate In A Complete And Timely Manner.
To Make Use Of The Service, It Is Necessary To Create An Account (“Account”). The Service Is Intended Solely For Persons Who Are 18 Or Older. Any Access To Or Use Of The Service By Anyone Under 18 Is Expressly Prohibited. By Accessing Or Using The Service You Represent And Warrant That You Are 18 Or Older.
When You Create An Account With Us, You Must Provide Us With Information That Is Accurate, Complete, And Current At All Times. Failure To Do So Constitutes A Breach Of The Terms, Which May Result In Immediate Termination Of Your Account On Our Service. To Create Your Account You Will Have To Provide Your Full Name With A Current Email Address And Credit Card Details (Only Advertisers).
You Are Responsible For Safeguarding The Password That You Use To Access The Service And For Any Activities Or Actions Under Your Password, Whether Your Password Is With Our Service Or A Third-Party Service.
You Agree Not To Disclose Your Password To Any Third Party. You Must Notify Us Immediately Upon Becoming Aware Of Any Breach Of Security Or Unauthorized Use Of Your Account.
You May Not Use As A Username The Name Of Another Person Or Entity Or That Is Not Lawfully Available For Use, A Name Or Trademark That Is Subject To Any Rights Of Another Person Or Entity Other Than You Without Appropriate Authorization, Or A Name That Is Otherwise Offensive, Vulgar Or Obscene.
Your Account Is Strictly Personal And May Not Be Used By Anyone Else. You May Not Impersonate Any Other Person In Any Registration Whether Or Not That Other Person Is A User Of The Service.
If You Manage More Than One Business Entity, You Must Create A New Account For Each And Every Different Business Entity. If You Fail To Do So, We Reserve The Right At Our Discretion To Block, Cancel Or Remove An Account Of Any Person Who In Our Opinion Possesses More Than One Account At Any Time.
We Reserve The Right To Terminate Your Registration Immediately Without Notice If In Our Opinion You Have Breached These Terms.
You May Not Use The Service For Any Illegal Or Unauthorized Purpose. You Must Not, In The Use Of The Service, Violate Any Laws In Your Jurisdiction (Including But Not Limited To Copyright Laws).
A Valid Payment Method, Including A Credit Card Or PayPal, Is Required For Paying Accounts. If Neither Of These Is Present On The Account, The Account May Be Closed
Metricks, In Its Sole Discretion And At Any Time, May Modify The Subscription Fees For The Subscriptions. Any Subscription Fee Change Will Become Effective At The End Of The Then-Current Billing Cycle. You Hereby Agree To Keep Such Valid Credit Card And/Or Bank Account In Effect With Sufficient Credit Limit To Enable Metricks To Charge The Subscription Fees Every Month, Quarter Or Another Period Of Each Term, As Applicable, And Not To Challenge Such Charges Or To Request Reversal Of Such Charges.
All Fees Are Exclusive Of All Taxes, Levies, Or Duties Imposed By Taxing Authorities, And You Shall Be Responsible For Payment Of All Such Taxes, Levies, Or Duties. Metricks Has No Responsibility Or Legal Power To Ensure The Payment Of The Advertiser And Accepts No Responsibility Or Liability In The Event That The Affiliate Fails To Arrange Or Collect Payment From The Advertiser. Metricks May Add Any Such Taxes To The Applicable Fees.
The Service Is Billed In Advance On A Monthly Or Yearly Basis And Is Non-Refundable. There Will Be No Refunds Or Credits For Partial Months Of Service, Upgrade/Downgrade Refunds, Or Refunds For Months Unused With An Open Account.
Metricks, In Its Sole Discretion And At Any Time, May Modify The Subscription Fees For The Subscriptions. Any Subscription Fee Change Will Become Effective At The End Of The Then-Current Billing Cycle. Metricks Will Provide You With Reasonable Prior Notice Of Any Change In Subscription Fees To Give You An Opportunity To Terminate Your Subscription Before Such Change Becomes Effective. Your Continued Use Of The Service After The Subscription Fee Change Comes Into Effect Constitutes Your Agreement To Pay The Modified Subscription Fee Amount.
Metricks Shall Not Be Liable To You Or To Any Third Party For Any Modification, Price Change, Suspension Or Discontinuance Of The Service.
Subscription and Tracking
If You Choose To Upgrade Or Downgrade Your Service, Your Credit Card Will Automatically Be Charged The New Rate On Your Next Billing Cycle.
.Downgrading Your Service May Cause The Loss Of Content, Features, Or Capacity Of Your Account. Metricks Does Not Accept Any Liability For Such Loss.
Downgrading Your Service To A Non-White Label Level Will Cause All Affiliates Who Registered While The White Label Service Was Activated, To Be Deactivated
Every Service Level Has Its Own Number Of Tracking Events (“Tracking Events”). Whenever The Number Of Tracking Events, As Agreed Upon And Limited In The Relevant Service Level, Is Exceeded During The Subscription Period, We Will Calculate The Price For The Surplus Tracking Events In Accordance With The Overage Fees Listed On The Pricing Page As Part Of Service Level. In Such A Case, The Extra Costs Of The Surplus Tracking Events Will Be Added To The Relevant Monthly Fee.
Cancellation and Termination
We May Terminate Or Suspend Your Account Immediately, Without Prior Notice Or Liability, For Any Reason Whatsoever, Including Without Limitation If You Breach The Terms. Upon Termination, Your Right To Use The Service Will Immediately Cease. If You Wish To Terminate Your Account, You May Simply Discontinue Using The Service.
If We Exercise Our Discretion Under These Terms To Do So, Any Or All Of The Following Can Occur With Or Without Prior Notice Or Explanation To You: (A) Your Account Will Be Deactivated Or Suspended, Your Password Will Be Disabled, And You Will Not Be Able To Access The Service, Or Receive Assistance From Our Customer Service.
You May Cancel Your Account At Any Time From The Subscription & Billing Page. You Are Solely Responsible For Properly Cancelling Your Account. Please Note That If Your Account Is Cancelled, We Do Not Have An Obligation To Delete Or Return To You Any Content.
All Of Your Content (Text And Files) May Be Immediately Deleted From The Service Upon Cancellation. This Information Cannot Be Recovered Once Your Account Is Cancelled.
If You Cancel The Service Before The End Of Your Current Service Period, Your Cancellation Will Take Effect Immediately And You Will Not Be Charged Again.
Metricks, In Its Sole Discretion, Has The Right To Suspend Or Terminate Your Account And Refuse Any And All Current Or Future Use Of The Service, Or Any Other Service From Metricks, For Any Reason At Any Time. Such Termination Of The Service Will Result In The Deactivation Or Deletion Of Your Account Or Your Access To Your Account, And The Forfeiture And Relinquishment Of All Content In Your Account. Metricks Reserves The Right To Refuse Service To Anyone For Any Reason At Any Time
The Service And Its Original Content, Features And Functionality Are And Will Remain The Exclusive Property Of Metricks Inc And Its Licensors. The Service Is Protected By Copyright, Trademark, And Other Laws Of Both The United States Of America And Foreign Countries. Our Trademarks And Trade Dress May Not Be Used In Connection With Any Product Or Service Without The Prior Written Consent Of Metricks.
All The Materials On Metricks’s Website Are Provided "As Is". Metricks Makes No Warranties, May It Be Expressed Or Implied, Therefore Negates All Other Warranties. Furthermore, Metricks Does Not Make Any Representations Concerning The Accuracy Or Reliability Of The Use Of The Materials On Its Website Or Otherwise Relating To Such Materials Or Any Sites Linked To This Website
Metricks, Its Subsidiaries, Affiliates, And Its Licensors Do Not Warrant That A) The Service Will Function Uninterrupted, Secure Or Available At Any Particular Time Or Location; B) Any Errors Or Defects Will Be Corrected; C) The Service Is Free Of Viruses Or Other Harmful Components, Or D) The Results Of Using The Service Will Meet Your Requirements.
We Do Not Screen User-Generated Content Or Information On The Service And We Cannot Give Any Assurance As To Its Accuracy Or Completeness. Users Of The Service Are Expressly Asked Not To Publish Any Defamatory, Misleading Or Offensive Content Or Any Content Which Infringes Any Other Persons Intellectual Property Rights (Eg. Copyright). Any Such Content Is Contrary To Our Policy We Do Not Accept Liability In Respect Of Such Content, And The User Responsible Will Be Personally Liable For Any Damages Or Other Liability Arising And You Agree To Indemnify Us In Relation To Any Liability We May Suffer As A Result Of Any Such Content.
Metricks Has The Right In Its Sole Discretion To Refuse Or Remove Any Content That Is Available Via The Service.
The Service And This Website Or Any Portion Of The Service Or The Website May Not Be Reproduced, Duplicated, Copied, Sold, Resold, Visited, Or Otherwise Exploited For Any Commercial Purpose Without Our Express Written Consent. You May Not Systematically Extract And/Or Re-Utilize Parts Of The Contents Of The Service Without Our Express Written Consent. In Particular, You May Not Utilise Any Data Mining, Robots, Or Similar Data Gathering And Extraction Tools To Extract (Whether Once Or Many Times) For Re-Utilization Of Any Substantial Parts Of The Service Without Our Express Written Consentilisation Of Any Substantial Parts Of The Service Without Our Express Written Consent.
All Content Posted On The Service Must Comply With The Relevant Copyright Law. We Claim No Intellectual Property Rights Over The Material You Provide To The Service. Your Profile And Materials Uploaded Remain Yours. However, If You Or Anyone Else With Access To Your Account Makes Any Content Public, You Agree To Allow Others To View And Share Your Content.
Limitation and Liability
In No Event Shall Metricks, Nor Its Directors, Employees, Partners, Agents, Suppliers, Or Affiliates, Be Liable For Any Indirect, Incidental, Special, Consequential Or Punitive Damages, Including Without Limitation, Loss Of Profits, Data, Use, Goodwill, Or Other Intangible Losses, Resulting From (I) Your Access To Or Use Of Or Inability To Access Or Use The Service; (Ii) Any Conduct Or Content Of Any Third Party On The Service; (Iii) Any Content Obtained From The Service; (Iv) Unauthorized Access, Use Or Alteration Of Your Transmissions Or Content, Whether Based On Warranty, Contract, Tort (Including Negligence) Or Any Other Legal Theory, Whether Or Not We Have Been Informed Of The Possibility Of Such Damage, And Even If A Remedy Set Forth Herein Is Found To Have Failed Of Its Essential Purpose.
Your Access To The Service May Be Occasionally Restricted To Allow For Repairs, Maintenance Or The Introduction Of New Facilities Or Services. We Will Attempt To Restore The Service As Soon As We Reasonably Can.
The User Agrees That The Above Exclusions Of Liability Are Reasonable In All The Circumstances, Especially In Light Of The Fact That Our Service Includes Only The Provision Of The Service And Responsibility For Any Payment To Affiliates Lies Solely With The Advertiser
In Further Consideration Of The Rights Granted Hereunder To The User, User Agrees To Permit Metricks To Use User’s Name And Trademarks And Service Marks To Identify User As Metricks’s Customer On The Website, In Metricks’s Marketing Materials And In Other Sales And Marketing Activities, Provided That User Does Not Notify Metricks In Writing Of Its Revocation Of Such Permission. User Agrees To Cooperate With Metricks In Reasonable Publicity Efforts Involving The System, Such As, For Example, Media Releases And Marketing Materials In Accordance With Metricks's Reasonable Request.
Your Use Of The Service Is At Your Sole Risk. The Service Is Provided On An “As Is” And “As Available” Basis.
You Understand That Metricks Uses Third Party Vendors And Hosting Partners To Provide The Necessary Hardware, Software, Networking, Storage, And Related Technology Required To Run The Service.
You Must Not Modify, Adapt Or Hack The Service Or Modify Another Website So As To Falsely Imply That It Is Associated With The Service Or Metricks.
Verbal, Physical, Written Or Other Abuse (Including Threats Of Abuse Or Retribution) Of Any Metricks Customer, Employee, Member, Or Officer Will Result In Immediate Account Termination.
You Understand That The Technical Processing And Transmission Of The Service, Including Your Content, May Be Transferred Unencrypted And Involve (A) Transmissions Over Various Networks; And (B) Changes To Conform And Adapt To The Technical Requirements Of Connecting Networks Or Devices.
You Must Not Upload, Post, Host, Or Transmit Unsolicited Emails Or “Spam” Messages.
You Must Not Transmit Any Worms Or Viruses Or Any Code Of A Destructive Nature.
If Your Bandwidth Usage Exceeds The Monthly Limit Or Significantly Exceeds The Average Bandwidth Usage, We Reserve The Right To Immediately Suspend Your Account Or Throttle Your File Hosting Until You Can Reduce Your Bandwidth Consumption Or Upgrade Your Account.
We Do Not Warrant That
- The Service Will Meet Your Specific Requirements,
- The Service Will Be Uninterrupted, Timely, Secure, Or Error-Free,
- The Results That May Be Obtained From The Use Of The Service Will Be Accurate Or Reliable,
- The Quality Of Any Products, The Service, Information, Or Other Material Purchased Or Obtained By You Through The Service Will Meet Your Expectations.
The Failure Of Metricks To Exercise Or Enforce Any Right Or Provision Of These Terms Shall Not Constitute A Waiver Of Such Right Or Provision. These Terms Constitute The Entire Agreement Between You And Metricks And Govern Your Use Of The Service, Superseding Any Prior Agreements Between You And Metricks (Including, But Not Limited To, Any Prior Versions Of These Terms
Neither Party Will Be Liable To The Other Or Be Deemed To Be In Breach Of These Terms By Reason Of Any Delay In Performing, Or Any Failure To Perform, Any Of Their Obligations If The Delay Or Failure Was Due To Any Event Of Force Majeure Beyond Their Reasonable Control Such As Severe Weather, Subsidence, Power Or Other Utility Cut-Offs, Burglary, Natural Disaster, Strikes, Governmental Action, Terrorism, War Or Civil Unrest.
The Parties Agree That These Terms Are Fair And Reasonable In All The Circumstances. However, If Any Provision Of These Terms Is Held Not To Be Valid By A Court Of Competent Jurisdiction But Would Be Valid If Part Of The Wording Were Deleted, Then Such Provision Shall Apply With Such Deletions As May Be Necessary To Make It Valid. If Any Of The Provisions In These Terms Are Held Not To Be Valid The Remaining Provisions Of These Terms Shall Remain In Full Force And Effect.
If You Breach These Terms And Conditions And We Decide To Take No Action Or Neglect To Do So, Then We Will Still Be Entitled To Take Action And Enforce Our Rights And Remedies For Any Other Breach.
We May Make Changes To The Format Of The Service Or The Content Of The Service At Any Time Without Notice.
Advertisers Will Be Solely Responsible For The Registration Of Affiliates. Such Registration Can Be Executed For Instance Through A Branded Registration Page, As A Result Of Which Affiliates Might Receive Transactional Emails From Metricks.
The Advertiser Will Impose These General Terms And Conditions Unconditionally Upon All Its Affiliates And Is And Will Be On All Circumstances Liable For Any Infringement On These Terms By Any Affiliate And/Or Any Claim Brought Forward By One Or More Affiliates.
Affiliates Who Registered Before A White Label Was Activated By The Advertiser, Will Not Be Able To Use The Custom Subdomain Or The Domain Alias To Log In On The Affiliate Portal. As A Result Of This, They Will Not Be Able To See The Custom Branding. They Will Be Able However To Promote The Programs Of The Advertiser And All Affiliate Links Will Remain Active.
Once A Domain Alias Has Been Created, Without Any Costs, This Alias Can Be Changed During The First 7 Days. After This Term Of 7 Days, Metricks Will Be Entitled To Charge Extra Costs For Such Change.
The User Acknowledges Having Read This Agreement, Understands It And Agrees To Be Bound By Its Terms. The Person Accepting This Agreement On The User’s Behalf Through Metricks’s Online Registration Process Or By Means Of A User Order Represents That He/She Has The Authority To Bind User To These Terms And Conditions.
The User Further Acknowledges That This Agreement Does Not Have To Be Signed In Order To Be Binding. User Will Have Indicated Its Assent To The Terms Of The Agreement By Clicking On The "Accepted And Agreed To" (Or Similar Button) That Is Presented To The User At The Time Of Its Opening Of An Online Account With Metricks And Submitting An Order For The Cloud Services Through Metricks’s Online Registration Process On The Website
Terms and Service Modification
Metricks May Revise These Terms Of Service For Its Website At Any Time Without Prior Notice. By Using This Website, You Are Agreeing To Be Bound By The Current Version Of These Terms And Conditions Of Use. If A Revision Is Material, We Will Try To Provide At Least 30 Days Notice Prior To Any New Terms Taking Effect. What Constitutes A Material Change Will Be Determined At Our Sole Discretion.
If You Have Any Questions About These Terms, Please Contact Us Over Live Chat Or Email firstname.lastname@example.org