MonsterPops.com Advertisers Terms and Conditions:

By opening an account with or making a purchase from MonsterPops.com, you are agreeing to be bound by these Terms and Conditions. The term 'customer' shall refer to any individual or entity who accepts the terms and conditions of this Agreement by making a purchase.
  
Payment:
All customers are required to pay one-hundred (100%) percent of the cost of the campaign before its activation. MonsterPops.com reserves the right to set and negotiate specific payment terms on a Customer-by-Customer basis. No refunds will be made more than 59 days after receipt of payment. Unused funds (not applied to a campaign or amounts added back into the MonsterPops Advertiser Account due to a suspended or cancelled campaign for reason other than a violation of the Terms and Conditions) will remain available for use on a campaign but can not be refunded.
  
Participation:
MonsterPops.com shall have absolute discretion as to whether or not it accepts a purchase from a particular customer or site. MonsterPops.com will not deliver visitors to sites containing content that is not appropriate for viewing by a general audience. The following are examples (including but not limited to) of the type of sites we will not deliver visitors to:
  

  • Sites with pornography, adult content, sexual or erotic material or sites that contain links to such content (except when an "Adult" package is purchased).
      
  • Sites containing or linking to software piracy
      
  • Sites containing or linking to any form of illegal activity (i.e., how to build a bomb, hacking, 'phreaking', etc.)
      
  • Sites with gratuitous displays of violence, obscene or vulgar language, and abusive content or content which endorses or threatens physical harm
      
  • Sites promoting any type of hate-mongering (i.e., racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.)
      
  • Sites that participate in or transmit inappropriate newsgroup postings or unsolicited e-mail (spam)
      
  • Sites promoting any type of illegal substance or activity sites with illegal, false or deceptive investment advice and money-making opportunities
      
  • Sites with any type of content reasonable public consensus deems to be improper or inappropriate

  

2. Your Advertisement Page can not contain any other popup windows. Any additional window generated by your site shall be considered a popup window, including popups, pop-behinds, or exit popups windows. If a popup window is installed on the URL at any time, MonsterPops.com may stop the campaign and you will not be entitled to a refund.
  
3. Your Advertisement Page can not have background music or sounds
  
4. Your Advertisement Page can not contain scripts that alter users browser settings
  
5. Your Advertisement Page can not contain any frame breaking codes.
  
6. To insure compliance with these terms and conditions, any Customers that change their content after approval for membership MUST notify MonsterPops.com of the changes in writing IMMEDIATELY. If your site is changed during the campaign such that it includes inappropriate content, MonsterPops.com may stop your campaign immediately. In this case, you will not be entitled to a refund.

  
Data Reporting (Stats): All Campaigns purchased through MonsterPops.com are served, tracked and reported by MonsterPops.com and others as may be designated by MonsterPops.com. For Campaigns that involve third party serving/tracking, accounting may be beyond the control of MonsterPops.com. Campaigns that use third party serving/tracking for auditing purposes may be subject to alternate or additional controls. Customer has no interest or right in any website, campaign, and aggregate web user data collected as a result of Customer's purchase. Customer only has access to website and web user data that is collected as part of Customer's campaign. 
  
Payment Liability:
MonsterPops.com reserves the right to hold Customer and any agency, broker or other authorized representative of Customer jointly and severally liable for all amounts owed to MonsterPops.com.
  
Cancellation: At the discretion of MonsterPops.com, any Campaign canceled by Customer may be subject to a cancellation fee equal to 100% of that portion of the campaign scheduled to run during the three (3) day period following receipt by MonsterPops.com of written cancellation notice from Customer. If a cancellation occurs due to a violation of the Terms and Conditions, you will not be entitled to a refund. Any refunds for unused advertisements which may be provided to Customer by MonsterPops.com may be be made on a pro-rata basis or may be calculated by applying the applicable package and/or regular cpm rate for those ads which were provided at the discretion of MonsterPops.com. For example, if Customer purchases a package of 1 million ads, pauses the campaign and requests a refund for 500,000 unused ads, refund shall be based on the difference in cost between a 500,000 and 1 million ad campaign. No refunds will be made more than 59 days after receipt of payment. Unused funds (not applied to a campaign or amounts added back into the MonsterPops Advertiser Account due to a suspended or cancelled campaign for reason other than a violation of the Terms and Conditions) will remain available for use on a campaign but can not be refunded.
  
Rates: All advertising rates are subject to change at any time.
  
Minimum CTR: MonsterPops.com does not guarantee minimum Click-through Ratio (CTR).
 

General:
Representations and Warranties: Customer hereby indemnifies and holds harmless MonsterPops.com (including its  owners, successors, directors, officers, employees, agents, assigns) and the Publishers (including their successors, directors, officers, employees, agents, assigns) from and against all claims, loss, liability, damage and expense of any nature (including attorneys' reasonable fees) in connection with the Advertisement URL and its linked websites, for any actual or alleged breach of any term of this Agreement.
Damages: In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of data, loss of use, or loss of profits arising thereunder or from the provision of services.
Limitation of Liability: Neither MonsterPops.com nor the participating sites will be subject to any liability whatsoever for (a) any failure to provide reference or access to all or any part of the Advertisement URL due to systems failures or other technological failures of MonsterPops.com, its assigns, or of the Internet; (b) delays in delivery and/or non-delivery of a campaign, including, without limitation, difficulties with a Publisher or Website, difficulties with a third-party server, or electronic malfunction; and (c) errors in content or omissions in any Advertisement URL provided by Customer. Assignment: MonsterPops.com reserves the right to assign the pop-ups/pop-unders, banner ads, or any other advertising to be delivered under Customer's purchase to any party or parties as it sees fit or to subcontract such party or parties to deliver pop-ups/pop-unders, banner ads, or any other form of advertising.
 

Modifications:
MonsterPops.com reserves the right to change any of these terms and conditions at any time without notice. You are responsible for complying with any changes to the terms and conditions within 10 days of the date of change.
 
Minimum Age Requirements:
No person under the age of 18 is allowed to make a purchase from MonsterPops.com unless written permission from a parent or legal guardian, notarized, signed and dated, is faxed to a number which shall be provided by MonsterPops.com upon request.

Case of dispute:
Customer agree to settle any/all dispute(s) under this agreement via binding arbitration in Ravenna, OH. In no case shall MonsterPops.com's liability exceed the amount paid by Customer for the campaign in question less a pro-rated portion based on any pop-ups/pop-unders or banner ads actually served.