The terms and conditions of this Agreement govern Your access to and use of the services provided by Nuffnang Pty Ltd (Company No. 68 133 905 647) of 36B St Edmonds Road, Prahran VIC 3181, Australia (“CHURPCHURP” or “We” or “Our” or “Us”), an entity of Australia, either itself or through its subsidiaries or licensees, via various electronic platforms such as its website namely www.CHURPCHURP.com (“Program”).
BY PARTICIPATING IN THE 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 enrolment 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.
Due to our continuous expansion of our business, we will need to change our terms and conditions herein from time to time. If the alterations constitute a material change to our terms and conditions, we will notify You by posting an announcement on our site. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the services by You following such notification constitutes Your acceptance of the terms and conditions of the terms and conditions as modified.
Participation in the Program is subject to CHURPCHURP’s prior approval and under the condition that You continually adhere to the terms and conditions herein.
You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the terms and condition of this Agreement, which may result in immediate termination of Your account. You may not:
We reserve the right to refuse registration of, or cancel an account in its discretion. You shall be responsible for maintaining the confidentiality of Your password.
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 18 years of age.
If You are below the age of 18, You must obtain parental or guardian consent to participate legally and he or she must agree to enter into this Agreement on Your behalf.
You and agree that CHURPCHURP may serve third party and/or CHURPCHURP provided advertisements (“Ads”). Multiple accounts held by the same individual or entity is subject to immediate termination unless expressly authorized in writing by CHURPCHURP (including by electronic mail)
You must be at least 18 years of age, or of legal age as specified by the laws of Australia from time to time, in order to use the Program. CHURPCHURP shall disclaim responsibility for its contractual obligation made with a minor. Any agreement entered into by a minor shall be deemed to be entered into by the said minor's legal guardian and shall be binding on the legal guardian, including but not limited to all financial charges and legal liability that the minor may incur as a result of entering into this agreement.
Any communication regarding any Ad(s) or Link(s) displayed in connection with Your social media networking account(s), which is registered with the Program (“Social Media Networking Accounts”) shall be directed to CHURPCHURP and NOT to any advertiser.
By signing up with CHURPCHURP, You represent and acknowledge that:
You are solely responsible for the Social Media Networking Accounts, including all content and materials, maintenance and operation thereof, the proper implementation of CHURPCHURP’s specifications, and adherence to the terms of this Agreement. 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 Social Media Networking Accounts, including the transmission of data between Your Social Media Networking Accounts and CHURPCHURP.
CHURPCHURP may, from time to time, suggest postings for You to post on Your Social Media Networking Accounts. In this regard, CHURPCHURP is not responsible for such suggested postings and by posting such suggested postings, You are solely responsible for such postings and You release CHURPCHURP from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such postings.
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 Social Media Networking Accounts.
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 Ads from Your normal online postings.
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 Your Social Media Networking Accounts, 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 website which merely reproduces other sources, e.g. by aggregating one or more RSS feeds, does not qualify for participation in the Program. Any form of misuse will lead to immediate blocking of Your account. Within 4 weeks, the Publisher may raise an objection in written form (e-mail, letter, and fax) in order to explain the incident and provide evidence that the Publisher’s behaviour has been in accordance with this Agreement. If the Publisher is not able to refute the allegation, the termination of the Publisher’s account will be issued. In such a case, the Publisher will not be entitled to any remuneration. Any damage caused by Your violation of this Agreement may result in further legal actions.
Prior to accepting any campaign seeding assignments – by You, You shall understand and agree that You acknowledge and You believe in the product and/or brand to proceed with the assignment – solely on Your own free will. Upon accepting the said assignments, You may or may not be remunerated monetarily and/or non-monetarily by CHURPCHURP and its partners. The acceptance of the said assignment shall deem 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 targeted to audience within Your respective countries, Your earnings will only be credited for unique clicks received from within said county. (e.g. campaigns on au.CHURPCHURP.com can only be shared by Churpers in Australia, and earnings will only be credited for clicks generated within).
You shall not authorize or encourage any third party to:
If there are no CHURPCHURP provided advertisements due on Your Social Media Networking Accounts, 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 a written notice of Your desire to cancel Your participation in the Program. 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 Your account with us for any reason including inactivity of Your account of more than six (6) months.
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 postings of Your Social Media Networking Accounts 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 Ads, 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. CHURPCHURP and their licensors are not responsible for any content provided hereunder or for any social media networking 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 non-infringement. 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 expressly agree to the following limit of liability. CHURPCHURP will not be liable for any lost profits, loss of data, costs of procurement of substitute goods or services, or for any other indirect, special, incidental, punitive or consequential damages arising out of or in connection with this agreement, however caused, and under whatever cause of action or theory of liability brought, even if CHURPCHURP has been advised of the possibility of such damages.
You shall receive a payment based on Your services under the Program. 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.
Subject to the clause herein, 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 Agreement, terms and conditions or policies 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 AUD 50 and in the event of termination of this Agreement by any parties, such earnings shall be forfeited and CHURPCHURP shall be entitled to utilize such earnings as administrative cost to termination this Agreement and Your account
Notwithstanding the foregoing, CHURPCHURP shall not be liable for any payment based on:
CHURPCHURP reserves the right to withhold payment or charge back Your account due to any of the foregoing or any breach of this Agreement, terms and conditions or policies 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 Social Media Networking Accounts 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 social media networking accounts managed by You that require separate payments) unless expressly authorized in writing by CHURPCHURP (including by electronic mail).
Payment is made via cheque to Your mailing address as registered by You during Your registration. The cheque can only be sent to an address within the country of the CHURPCHURP services You registered with.
You are also responsible for maintaining accurate data including payment that is due to You or paid to You. However, in the event that such record does not correspond with our records, the latter shall prevail.
You agree that CHURPCHURP may use personal details, images from Your website and logo in presentations, marketing materials, customer lists, financial reports and social media networking accounts listings of customers. If You wish to use CHURPCHURP’s trade names, trademarks, logos, domain names, and any other CHURPCHURP Brand Characteristics ("Brand Characteristics"), You may do so, so long as such use is in compliance with this Agreement and acknowledge that You agree not to:
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 Programand/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, 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.