Client / Advertiser Terms and Conditions
For Lynx Social Service
PLEASE READ THIS SERVICES AGREEMENT CAREFULLY. BY ESTABLISHING AN ORDER WITH OUR COMPANY YOU AGREE TO BE BOUND BY THE SERVICES AGREEMENT BELOW. THESE AGREEMENTS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE AGREEMENTS BY POSTING THEM TO OUR SERVICE AGREEMENT SECTION OF OUR WEBSITE.
In order to place advertisements, links, and/or directories with the Lynx Social SERVICE, you, hereafter defined as "Lynx Social CLIENT" are subject to the Terms and Conditions set forth herein ("Terms"). Lynx Social will supply Lynx Social CLIENT with a Lynx Social Client Services. Collectively, the "Terms And Conditions”, and Online Interface shall be referred to as your "Campaign") Your Campaign will utilize the Lynx Social SERVICE and/or other web-based advertising mediums owned or controlled by Lynx Social (collectively referred to hereafter as "SERVICE").
1. License; Creative: Lynx Social CLIENT hereby grants to Lynx Social a world-wide non-exclusive, royalty-free license to use, reproduce and display all creative materials Lynx Social CLIENT provides to Lynx Social for disseminating the advertisement and delivering the Campaign including, but not limited to, all content, trademarks and brand features contained therein ("Creative"). Lynx Social shall position the Creative within the Network at Lynx Social’s sole discretion within the Campaign parameters specified. Lynx Social CLIENT will provide the Creative in accordance with Lynx Social’s standard practices and policies via e-mail. Lynx Social may reject any Creative submitted by Lynx Social CLIENT if, in Lynx Social’s reasonable belief, such Creative is inappropriate or misleading. Lynx Social shall not be liable for any delays resulting from Lynx Social CLIENT’S failure to provide conforming Creative. Except as expressly set forth in these Terms, neither these Terms nor any disclosure of information hereunder grants Lynx Social any right or license under any trademark, copyright or patent or other intellectual property or proprietary right now or hereafter owned or controlled by Lynx Social CLIENT. With the exception of business to business marketing wherein Lynx Social may identify you as a Client of Lynx Social, except as expressly set forth in these Terms. Lynx Social may use Lynx Social CLIENT’S trademarks, trade dress or trade names for promotional purposes. Lynx Social acknowledges that the goodwill associated with the Lynx Social CLIENT’S trademarks, trade dress or trade names belongs exclusively to Lynx Social CLIENT and, upon request; Lynx Social will modify or cease its use of any such trademarks, trade dress or trade names.
2. Term; Campaign Cancellation: These Terms shall commence on the date Lynx Social successfully processes the payment authorized by the Lynx Social CLIENT and shall terminate at Lynx Social CLIENT’S written request. Cancellation requests may be e-mailed to “Pause@LynxSocial.com” 5 (five) business days before the next scheduled billing of the Lynx Social Clients credit card. The period of time between the Start Date and the End Date shall be defined as the "Campaign Period". Lynx Social may cancel any Campaign at any time upon notice to Lynx Social CLIENT if in Lynx Social’s reasonable discretion, delivery of such Campaign would violate any applicable laws, company policy, rules and regulations; violate any third party rights; or cause deception or fraud. Lynx Social CLIENT may cancel any Campaign by speaking with a company representative at our Client Care Center at(818) 495-5969 (Mon-Fri 8.am to 5pm PST), or by sending an e-mail to “Pause@LynxSocial.com”. Regardless of the method of cancellation or termination, Lynx Social CLIENT shall remain responsible for all amounts due under the Campaign through the Campaign Period.
2.1 Refunds: Refunds will not be provided for any reason. There are no guarantees as to the benefits of optimization, as results will vary widely from site to site. All refund requests shall be submitted to our Client Care Center via e-mail (Service@LynxSocial.com), certified mail, courier, overnight delivery, or by speaking with a company representative at our Client Care Center at (818) 495-5969 (Mon-Fri 8.am to 5pm PST). You expressly agree that you shall pursue any refund or credit request only through the process described above and that you will not initiate a charge back on your credit card. In the event you do initiate a charge back on your credit card, you authorize Lynx Social to use your Campaign information in the defense of such charge back. Further, you authorize Lynx Social to seek monetary damages against you should Lynx Social prevail in any charge back dispute.
3. Obligations Following Termination: Upon termination of your Campaign all data transfers and links to or from the Network to the Lynx Social CLIENT web site shall be discontinued. The representations and warranties, indemnification and non-disclosure provisions of this Agreement shall survive termination of this Agreement, as shall any payment obligations of Lynx Social CLIENT.
4. Reports: Lynx Social shall make available to Lynx Social CLIENT a regular report detailing Campaign delivery and performance metrics.
5. Payment: Lynx Social CLIENT must pay the fees Lynx Social charges for Lynx Social SERVICES in advance of their delivery.
5.1.1. Lynx Social requires a single, one-time, non-refundable Account Creation Fee per individual advertising campaign. Your Order will inform you of whether the Product you purchased is subject to the one-time non-refundable fee.
5.1.2.Products Lynx Social provides are on a month-to-month basis, and other products may be subject to a nominal maintenance or subscription fee. You will know if your Product is in this category by referring to your Order. For month-to-month Products, or monthly maintenance/subscription Products, you agree to pay the monthly fee each month on the same date each month. Lynx Social will subscribe all campaigns to monthly automatic recurring billing.
5.1.3. Facebook advertising and marketing services are month-to-month and you agree to pay by credit card on an automatic monthly recurring basis in advance of the delivery of the services. Recurring credit card payments shall be processed on the day before the Facebook Advertising campaigns are uploaded. (For example, if the Facebook campaign active date is January 10th, the next automatic billing date is February 9th and your monthly recurring bill date will be on the 9th of every month.)
6. Automatic Renewal: If you do not notify Lynx Social within five (5) business days before your Campaign service ends ("Campaign Termination"), you will be automatically re-enrolled in an "Extended Campaign." All Extended Campaigns shall be billed by Lynx Social on the same terms as the initial Campaign. Campaign Termination notifications should be made by using one of our Client Care Contact Methods, as defined herein.
7. Lynx Social CLIENT Representations: Lynx Social CLIENT represents and warrants to Lynx Social that: (a) it has the right to enter into these Terms and perform its obligations hereunder; and (b) the Creative and delivery of the Campaign does not and shall not (i) infringe any rights of any third party including, without limitation, intellectual property rights and rights of privacy and publicity, (ii) violate any applicable laws, rules or regulations, (iii) be defamatory, obscene, harmful to minors, fraudulent, misleading or inaccurate, or (iv) contain any viruses or other computer programming routines that are intended to damage or detrimentally interfere with any system, data or personal information. Lynx Social CLIENT acknowledges that his/her breach of any of these representations shall be grounds for immediate termination of the Campaign, and for legal recourse against Lynx Social CLIENT, for which Lynx Social shall be entitled to treble damages.
8. Lynx Social Representations: Lynx Social represents and warrants to Lynx Social CLIENT that: (a) it has the right to enter into these Terms and perform its obligations hereunder; (b) Lynx Social’s SERVICE consists of online sites who have voluntarily consented ("opted in") to receive the Campaign; and (c) to the best of Lynx Social’s knowledge, the Campaign shall be delivered in accordance with all applicable laws, rules and regulations, including any prohibitions against "spamming."
9. Client Information: Lynx Social CLIENT hereby grants to Lynx Social for use and distribution through Lynx Social’s web site and Network during the Campaign Period specified, the non-exclusive and non-transferable, worldwide, fully paid limited license to use the Lynx Social CLIENT data for the purpose of promoting the business of Lynx Social CLIENT and the Network through the relationship with Lynx Social created by this Agreement.
10. NO WARRANTIES; LIMITATION OF LIABILITY. Lynx Social EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY ASSURANCES OR PROMISES OF ANY LEVEL OF SUCCESS, RESULTS, OR PERFORMANCE IN CONNECTION WITH ANY CAMPAIGN. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (WHETHER OR NOT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABLITY UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, BE GREATER THAN THE AMOUNTS PAID TO Lynx Social HEREUNDER. Lynx Social CLIENT’S sole remedy, and the absolute limitations of liability on behalf of Lynx Social for failure of delivery of all or a portion of a Campaign, for any breach of this Agreement, or for any damage alleged by Lynx Social CLIENT shall be limited to either: (a) a refund of part or all, as applicable, of the monies paid by Lynx Social CLIENT for such undelivered portion; or (b) Lynx Social’s delivery of a "make good" Campaign under terms acceptable to both parties, such acceptance shall not be unreasonably withheld.
11. Miscellaneous: These Terms constitute the entire understanding and agreement of the parties, and supersede any and all oral or written agreements or understandings between the parties regarding the subject matter contained herein. These Full Terms may be amended only by a writing executed by a duly authorized representative of each party. Each party is an independent contractor and not a partner, joint venture or employee of the other. All notices shall be sent to the addresses or contact information set forth in the Campaign parameters. If any provision of these Full Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Full Terms, which shall remain in full force and effect. The waiver of any breach or default of these Full Terms will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. The obligations in Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 shall survive termination of this Agreement.