1. By accessing the Lead Seeker Website or using Lead Seeker systems the Affiliate
shall be deemed to have accepted the terms as set out below. Lead Seeker
advises that the Affiliate reads this document carefully since it contains important
information regarding the Affiliate’s rights and obligations including the
consequences following any such breach of these terms and conditions.
2. Conditions of Use
2.1 Lead Seeker requires that, in using Lead Seeker Website and/or Lead Seeker
systems and/or services, the Affiliate does not:
a) advertise or promote third party or the Affiliate’s own products or services by way
of the distribution of 'spam' mail; post or transmit any advertisements, solicitations,
chain letters, pyramid schemes, investment opportunities or schemes or other
unsolicited commercial communication (except as otherwise expressly permitted by
the Company) or engage in spamming or flooding or any conduct that by way
indicates an attempt to bypass legal system;
b) resell or transfer to any third party the service (leads) or use of such service
(leads)
c) upload, post, publish, transmit, reproduce, or distribute in any way, information,
software or other material which is protected by copyright, or other proprietary or
intellectual property rights, or derivative works with respect thereto, without
obtaining permission of the copyright owner or rights holder
d) distribute illegal, indecent or offensive material or any messages or content that
may encourage illegal activities including, without limitation, distributing/transmitting
files that contain viruses, trojans or other harmful programs or material which
infringes the intellectual property rights of any person;
e) impersonate Lead Seeker or another person; impersonate any other person or
entity, or misrepresent your affiliation with any other person or entity;
f) use the Lead Seeker Website, Lead Seeker systems or services to conduct any
illegal activity, expressly including, but not limited to, fraudulent activity;
g) connect any insecure computer hardware or other machines to the Lead Seeker
systems which may be exploited to carry out activities that are in breach of these
Conditions of Use;
h) access or attempt to access user accounts of other users or to infiltrate or
attempt to infiltrate the Lead Seeker Website, software an/or security measures.
2.2 Lead Seeker may take any or all of the following actions at its discretion
following infringement or suspected infringement of the above said Terms of Use,
Lead Seeker will determine such action(s) on a case by case basis:
a) remove any material that, in Lead Seeker's discretion, is deemed in violation of
these Conditions of Use, may be deemed inappropriate, suspected to be illegal or
which may subject Lead Seeker to liability and/or damage Lead Seeker's reputation
or which may violate these Conditions of Use or where Lead Seeker is required to do
so by law;
b) issue the Affiliate with verbal or written warnings and take such further action as
Lead Seeker deems appropriate if such warnings are not heeded;
c) suspend or irrevocably terminate the Affiliate’s access to any or all of the Lead
Seeker Website, systems and/or services without notice at any time;
d) inform the appropriate authorities and provide them with information regarding
any suspected illegal activity; or bring legal action against the Affiliate or any other
user in relation to any breach by the Affiliate or such other user of these Conditions
of Use.
2.3 The Affiliate’s breach of these Conditions of Use constitutes an irremediable
breach of the Agreement and entitles Lead Seeker to terminate immediately under
Clause 2.2 (c) of this Agreement and may also give rise to termination of
or further action under any other contract that the Affiliate may have with Lead
Seeker that incorporates these Conditions of Use.
2.4 In addition to the obligations set out in paragraph 2.1, the Affiliate agrees that in
using the Lead Seeker Website, Lead Seeker services and systems, the Affiliate will
at all times comply with all relevant laws and regulations.
3. Variation
3.1 Lead Seeker reserves the right to amend this policy at any time.
3.2 Any revisions to this policy will be published on the Lead Seeker Website and all
changes will be notified through the Affiliate Control Panel. Continued use of the
Lead Seeker Website after changes to this policy are posted on the Lead Seeker
Website will constitute acceptance of any new or additional terms of the policy that
result from those changes.
4. Submissions
4.1 All information or other materials submitted to us, whether through direct email,
chat rooms, pay per click, social marketing, message boards, blogs, smoke signals, bush-drumming or otherwise,
shall be deemed and remain the property of Lead Seeker, and we shall have the
universal and worldwide, perpetual, irrevocable right to reproduce, modify, publish,
display, perform, adapt, distribute and otherwise use and exploit any images, ideas,
concepts or anything else contained in information or other materials that you
provide to the Service, in all media and for any purpose, without any compensation,
attribution or other obligation to us. Lead Seeker shall not be subject to any
obligations of confidentiality regarding submitted information or materials, except as
otherwise specifically agreed or required by law.
4.2 You agree to defend, indemnify and hold the Company and its affiliates harmless
from any and all claims, liabilities, costs and expenses, including legal fees arising in
any way from your use of the Service, the placement or transmission of any
message, information, software or other materials through the Service by you or
users of your account or any violation of these Conditions of Use by you or users of
your account.
4.3 We reserve the right to change or discontinue, temporarily or permanently, your
services to submit leads to us (or any part thereof), including but not limited to
revising and/or deleting information without prior notice to you. You agree that we
shall not be liable to you for any modification, suspension or discontinuance of your
service. We reserve the right, at our sole discretion, immediately and without notice
to suspend or terminate the Conditions of Use, your account (if you have registered)
and/or your services, for any reason.
4.4 The failure of Lead Seeker to exercise or enforce any right or provision of the
Conditions of Use shall not constitute a waiver of such right or provision. If any
provision of the Conditions of Use is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavour to give effect
to the parties' intentions as reflected in the provision, and the other provisions of the
Conditions of Use shall remain in effect.