Richard's Diary

Tuesday, November 25, 2008

Google (Performics) Network TC No date

Portions excerpted from above

  1. Look into Advertiser/Network contracts to see what protections Networks are getting from Advertisers since most of them are not making Affiliates third party beneficiaries
  1. Each click out needs to verify in realtime that Advertiser relationship still exists because after termination, continuing to send traffic is prohibited.
  2. Section 4, "All such records, including data, statistical information or other traffic analysis, produced or provided by either party in connection with the performance of this Agreement shall be the sole property of Performics."
  3. "Without limiting the foregoing, Affiliate shall not, without written permission from Marketer, (i) use any of Marketer´s brand names, keywords or derivations of either of the above for any purpose; or (ii) purchase any URL containing any of Marketer´s brand names, keywords or derivations of either of the above."
  4. CJ withheld payment from all Publishers if Advertiser did not fully remit Fees? Most favored publisher clause?
  5. Contract may be changed at any time with no prior notice by posting on web site
Governed by the laws of Illinois

  1. Wow, "Section 6b, Performics agrees to indemnify, defend and hold harmless Affiliate (and its respective officers, directors, employees, shareholders and agents) from and against any and all liability claims, losses, damages, injuries or expenses (including reasonable attorneys´ fees) directly or indirectly arising from or relating to any breach of this Agreement or any applicable law or regulation by Performics."
  2. "Performics currently uses and plans to continue to use data that it collects in an aggregate manner (i.e. that information which is gathered as a group of demographic data, and is not personally or company identifiable)."
  3. Performics contract is far more practical in general; it grants affiliate license to use Offers on Distribution Medium

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