BY PARTICIPATING IN THE CHURPCHURP ONLINE PROGRAM AND BECOMING A MEMBER OF OUR NETWORK OF PUBLISHERS (a "Publisher), YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SERVICE THAT ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS BELOW.
"You" or "Publisher" means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.
Participation in the Program is subject to ChurpChurp’s prior approval and under the condition that you continually adhere to the Program Policies ("Program Policies"), located at /policy. ChurpChurp reserves the right to refuse participation to any applicant or participant at any time in its sole discretion. By enrolling in the Program, You represent that You are at least http://au.churpchurp.com5 years of age and agree that ChurpChurp may serve third party and/or ChurpChurp provided advertisements. Any reference in this Agreement or the Program Policies to an individual "Web page", "Web Twitter / Facebook account", "Web Twitter / Facebook account page" or the like that is part of the Twitter and Facebook account will also mean feeds distributed through such Web Twitter and Facebook account. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by ChurpChurp (including by electronic mail)
Any communication regarding any Ad(s) or Link(s) displayed in connection with Your Twitter or Facebook account(s) shall be directed to ChurpChurp and NOT to any advertiser.
By signing up with ChurpChurp You represent and acknowledge that: All of the information provided by You to ChurpChurp to enroll in the Program is correct and current. You are the owner of each Twitter and Facebook account or that You are legally authorized to act on behalf of the owner of such Twitter account(s) and Facebook Account(s) for the purposes of this Agreement and the Program. You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder. You further represent and warrant that each Twitter and Facebook account and any material displayed therein: (i) comply with all applicable laws, statutes, ordinances, and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) are not pornographic, hate-related or otherwise violent in content.
You are solely responsible for the Twitter and Facebook account(s), including all content and materials, maintenance and operation thereof, the proper implementation of ChurpChurp’s specifications, and adherence to the terms of this Agreement, including compliance with the Program Policies. In any case, ChurpChurp reserves the right to investigate, at its own discretion, any activity that may violate this Agreement, including but not limited to any use of any software application to access advertisements or any engagement in any activity prohibited by this Agreement. ChurpChurp is not responsible for anything related to Your Twitter account(s) and Facebook account(s), including without the transmission of data between Your Twitter account(s), Facebok account(s) and ChurpChurp. In addition, ChurpChurp shall not be obligated to provide notice to You in the event that any Ad is not being displayed properly to end users of the Twitter and Facebook account(s).
You agree to comply with the conditions provided by ChurpChurp from time to time to enable proper delivery, display, tracking, and reporting of Ads by ChurpChurp in any way, unless expressly authorized in writing by ChurpChurp (including by electronic mail).
ChurpChurp strongly encourages you to include a disclaimer that differentiates your churps from your normal tweet updates. Should there be no disclaimer included from your end, a default disclaimer “Ad:” will be inserted in your published churps.
You are prohibited from attempting to obtain remuneration by unfair methods or inadmissible means. Procuring transactions themselves or through a third party to obtain commission is considered fraud. Pretending or faking transactions, e.g. by providing false data, non-existing data or third party data without authorization when ordering goods or registering online, is strictly forbidden.
Also, it is prohibited to fraudulently pretend or fake activity on the Micro-Blog, in an automated, unreasonable or any other way, at an unusually high rate of messages and with the bare intention to maximize the number of delivered Advertisements. Furthermore, a Micro-Blog which merely reproduces other sources, e.g. by aggregating one or more RSS feeds, does not qualify for participation in the ChurpChurp Network. Any form of misuse will lead to immediate blocking of the Publisher\'s account. Within 4 weeks, the Publisher may raise an objection in written form (e-mail, letter, fax) in order to explain the incident and provide evidence that her behavior has been in accordance with these Terms and Conditions. If the Publisher is not able to refute the allegation, the termination of her account will be issued. In such a case, the Publisher will not be entitled to any remuneration. Any damage caused by the Publisher\'s violation of these Terms and Conditions may result in further legal actions.
Prior to any forum seeding posts, upon accepting a Forum Seeding assignment the Churper(s) -You, will be deemed as understanding and agreeing that You acknowledge and You believe in the product and/or brand to proceed with the assignment – solely on Your own freewill. Upon accepting the assignments, You may or may not be remunerated monetarily and/or non-monetarily by ChurpChurp and it’s partners. This acceptance of the assignment claims that You take ownership of the information shared and exchanged in the forum thread.
You agree and understand that sharing Your personal links with misleading messages and/or on dubious websites such as pornography websites (but not limited to) as well as using any suspicious automated programs to drive traffic to your links will consequently cause your earnings/ account to be suspended.
All campaigns available are meant for sharing only within the specified country that your ChurpChurp account is linked to. As campaigns are targetted to audience within your respective countries, your earnings will only be credited for unique clicks received from within said county. (e.g. campaigns on .ChurpChurp.com can only be shared by Churpers in , and earnings will only be credited for clicks generated within .
You shall not and shall not authorize or encourage any third party to:
If there are no ChurpChurp provided advertisements due on Your Micro-blog, You may stop displaying Ads with or without cause at any time by changing the settings on Your ChurpChurp account but not before notifying us by e-mail at least 48 hours before you do so. You may terminate this Agreement with or without cause at any time by sending written notice of Your desire to cancel Your participation in the Program to This Agreement will be deemed terminated within ten (10) business days of ChurpChurp’s receipt of Your notice. ChurpChurp may investigate any activity that may violate this Agreement. ChurpChurp may at any time, in its sole discretion, terminate all or part of the Program, terminate this Agreement, or suspend or terminate the participation of any Twitter and Facebook account in all or part of the Program for any reason.
You will not disclose or use ChurpChurp’s Confidential Information. "Confidential Information" means any information disclosed or made available to you by ChurpChurp, directly or indirectly, whether in writing, orally or visually, other than information that: (a) is or becomes publicly known and generally available other than through your action or inaction or (b) was already in your possession (as documented by written records) without confidentiality restrictions before you received it from ChurpChurp. Confidential Information includes but is not limited to all information contained within ChurpChurp reporting systems, these Terms, the Policies, and other performance metrics and any other technical or programming information ChurpChurp discloses or makes available to you. You may however disclose the number of Churps of your Micro-blog as tracked by ChurpChurp and gross payments to You pursuant to the Program.
ChurpChurp makes no guarantee regarding the level of impressions of Ads or clicks on any Ad, the timing of delivery of such impressions and/or clicks or the amount of any payment to be made to You under this Agreement.
YOU EXPRESSLY AGREE TO THE FOLLOWING WARRANTY DISCLAIMER. YOU ARE ENROLLING IN THE PROGRAM AT YOUR OWN RISK. THE PROGRAM AND EVERYTHING CHURPCHURP PROVIDES UNDER THIS AGREEMENT IS PROVIDED "AS IS." CHURPCHURP DOES NOT WARRANT THAT THE PROGRAM WILL OPERATE UNINTERRUPTED OR ERROR-FREE. CHURPCHURPAND THEIR LICENSORS ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED HEREUNDER OR FOR ANY TWITTER AND FACEBOOK ACCOUNT THAT CAN BE LINKED TO OR FROM THE ADS. TO THE EXTENT ALLOWED BY LAW, CHURPCHURP AND THEIR LICENSORS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. CHURPCHURP MAKES NO WARRANTY AND NO REPRESENTATION ABOUT THE RESULTS YOU WILL OBTAIN THROUGH THE PROGRAM, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION REGARDING THE AMOUNT OF MONEY YOU WILL EARN THROUGH THE PROGRAM. This warranty disclaimer shall apply to the maximum extent permitted by law.
You shall receive a payment related to the Advertisement Program\'s Commission Conditions and these Terms and Conditions. No payment will be made to the Publisher for any Advertisement that results in fraud or in an unreasonable or unusually high rate of returns. You agree to notify ChurpChurp of any disputed or missing payment within thirty (30) days of the date that payment is or should have been received. You understand you will have waived the right to dispute the accuracy or receipt of payment after that time. In the event the Agreement is terminated, ChurpChurp shall pay your earned balance to You within approximately sixty (60) days after the end of the calendar month in which the Agreement is terminated by You (following ChurpChurp’s receipt of Your written request, including by email, to terminate the Agreement) or by ChurpChurp. In the event where the Account and Agreement termination is initiated by ChurpChurp due to the Program Regulations or Terms and Conditions not being adhered to, the Publisher acknowledges ChurpChurp’s right to make a payment to the Publisher based on the items as suggested in the Program Regulations. In no event, however, shall ChurpChurp make payments for any earned balance less than RM30. Notwithstanding the foregoing, ChurpChurp shall not be liable for any payment based on:
(a) any amounts which result from postings generated by any person, bot, automated program or similar device, as reasonably determined by ChurpChurp
(b) Ads delivered to end users who fail to post the Churps /Updates within the time frame specified;
(c) ChurpChurp advertisements for its own products and/or services
ChurpChurp reserves the right to withhold payment or charge back Your account due to any of the foregoing or any breach of this Agreement or Program Regulations by You, pending ChurpChurp’s reasonable investigation of any of the foregoing or any breach of this Agreement by You, or in the event that an advertiser whose Ads are displayed in connection with Your Twitter and Facebook account(s) defaults on payment for such Ads to ChurpChurp. In addition, if You are past due on any payment to ChurpChurp in connection with any ChurpChurp program, ChurpChurp reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to You in connection with the Program by amounts owed by You to ChurpChurp. To ensure proper payment, You are solely responsible for providing and maintaining accurate contact and payment information associated with Your account. You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your participation in the Program. ChurpChurp may change its pricing and/or payment structure at any time. If You dispute any payment made under the Program, You must notify ChurpChurp in writing within thirty (30) days of any such payment; failure to so notify ChurpChurp shall result in the waiver by You of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by ChurpChurp. No other measurements or statistics of any kind shall be accepted by ChurpChurp or have any effect under this Agreement. The payments made under this Agreement are for use by You only and may not be transferred or in any manner passed on to any third party (i.e., distributed to Twitter accounts managed by You that require separate payments) unless expressly authorized in writing by ChurpChurp (including by electronic mail).
You agree to indemnify, defend and hold ChurpChurp, its agents, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Twitter and Facebook account(s), and/or Your breach of any term of this Agreement.
You acknowledge that ChurpChurp owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Program (including ChurpChurp’s ad serving technology excluding items licensed to ChurpChurp from third parties), and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any ChurpChurp’s services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. You will not remove, obscure, or alter ChurpChurp’s copyright notice, Brand Characteristics, or other proprietary rights notices affixed to or contained within any ChurpChurp services, software, or documentation. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.