The PSV Marketing Limited Advertising Program Terms are entered into by and between PSV Marketing Limited. and the individual or entity (“You” or “Customer”) accepting these Terms electronically or physically. These terms, along with any policies and procedures referenced in these terms govern your participation in PSV Marketing’s advertising program. You agree to comply with the terms of the PSV Marketing policies, including the Privacy Policy, the Copyright Policy, the Privacy Policy, the Ad Policy, and any other policy PSV Marketing references or provides you.
PSV Marketing Advertising Program
You participate in PSV Marketing’s Advertising Program by creating an account and paying for any subscription fees or account balance via credit card or internet banking. You are solely responsible for designing and managing your advertising campaign where applicable. You authorise PSV Marketing and its affiliates to place your advertising material on any content or property. You are solely responsible for all aspects of your campaign, including all creative and ad targeting decisions. PSV Marketing provides a platform and criteria that provides you the tools to create your campaign. After you complete the design of a campaign, you will submit it for approval to PSV Marketing. PSV Marketing may reject or remove a specific advertisement at any time for any or no reason. PSV Marketing offers advertising guidelines and policies that may help you expedite the approval process. Once approved, your advertisement will run based upon your selected package. It will take at least 2 full business days after approval before your advertisement will begin to run. You are responsible for all payment obligations incurred while your campaign is running. Modifications or cancellations may be made through the PSV Marketing interface or by e-mail to support@psvmarketing.co.nz
Policies
You are solely responsible for your use of the Program, including access to and use of the accounts. You must safeguard your username and password. PSV Marketing will comply with the Privacy Policy. You authorise PSV Marketing to modify advertisements as described in the Policies. You will not authorise any third party to use any automated means or form of data scraping or data extraction to access or collect any PSV Marketing advertising related information except as expressly permitted by PSV Marketing. You will not create or submit advertisements containing malware, spyware, or any other malicious code. You will not breach or circumvent any security measure.
Payment/charges/refunds
All charges you incur will be paid directly from the credit card you place on your account. Separate billing options may be available for Enterprise level customers. Your advertisement will cease when you cancel your account or payment is not made to PSV Marketing or unless PSV Marketing agrees to alternative arrangements in writing. PSV Marketing is under no obligation to extend you any credit. PSV Marketing may extend, limit, revise, or revoke any credit at any time. Charges are exclusive of taxes. You agree to pay all charges accrued against your account, usually subscription fees, on the date they are due. Charges that remain unpaid for more than 30 days incur interest at the rate of 1.5% per month or the highest permitted by law, whichever is less. You agree to pay all costs, expenses, and reasonable attorneys’ fees PSV Marketing incurs in collecting late payments. Charges are determined by the package choice you signed up for, or in the case of Enterprise users, the per-view fee for each campaign. Failure to dispute a charge in good faith within 30 days waives your right to dispute the charge. You are not entitled to any offset. PSV Marketing will not issue refunds for any reason. If for any reason, PSV Marketing is unable to deliver the impressions you purchase part of your package, PSV Marketing will not charge you for your next billing cycle until you have accrued the packages impressions. The issuance of credit is at PSV Marketing’s reasonable discretion.
Customer’s Warranties
You warrant that you hold all rights and power to bind yourself to these Terms. You warrant that you are authorized to act on behalf of and bind any third parties for whom you advertise to these Terms, and by agreeing to these Terms, you bind yourself and any such third parties. You warrant that you have all rights in the content of the campaigns and advertisements you create, including all intellectual property rights necessary to create and display the advertisements. By agreeing to these Terms, you grant PSV Marketing and its affiliates a limited, non-exclusive license to all such rights in the content of your advertisements sufficient to permit PSV Marketing to distribute, display, and make derivative works of the advertisements you create.
Disclaimers of Warranties
PSV Marketing makes no guarantees or warranties, express or implied. You expressly disclaim all implied warranties, including, but not limited to merchantability, fitness for any purpose, or satisfactory quality. You are responsible for the campaign and advertisements you design, and you accept all associated risk. PSV Marketing’s products and services are provided as-is.
Confidentiality
PSV Marketing may designate certain information it provides you as confidential. You agree to keep any such designated information in the strictest confidence. You may not disclose any information PSV Marketing designates confidential to any third party without prior written consent. This information may include beta features, advertising experiments, promotional incentives, and any other information PSV Marketing designate as confidential. Your obligation to keep this information confidential survives termination of this contract.
Liability and Damages Limitations
Choice of Law and Forum. Except as expressly provided in these Terms, neither party may be held liable under these Terms, PSV Marketing’s Policies, or for any claims arising out of or relating to the performance of these terms for any damages other than direct damages. This restriction applies whether either party knows or should know such damages are otherwise allowable and even if direct damages are an insufficient remedy. This restriction prevents either party from making a claim for indirect or consequential damages, lost profits, or lost sales. Under no circumstances will PSV Marketing be liable to you in an amount in excess of the amount you paid PSV Marketing in the thirty days before the events giving rise to the claim occurred. Except as otherwise expressly provided in these Terms, you may not make a claim more than one year after the events giving rise to the claim occurred. You expressly waive your right to bring or participate in a class-action lawsuit against PSV Marketing. This does not limit your ability to bring suit on an individual basis, subject to the terms of this agreement. All claims arising out of or relating to these Terms or PSV Marketing’s services will be governed by New Zealand law without regard for any rules governing conflict of laws and will be litigated exclusively in a New Zealand court of law. The parties expressly consent to personal jurisdiction in those courts.
Indemnification
You agree to defend, indemnify, and hold harmless PSV Marketing, its affiliates, agents, partners, officers, directors, and employees from any third-party claim, loss, or liability, including costs, expenses, and attorneys’ fees arising out of or related to your use of PSV Marketing’s products and services, including any claim for trademark or copyright infringement. You shall also be liable for any costs, expenses, and attorneys’ fees PSV Marketing reasonably incurs in successful enforcement of paragraphs 3, 4, 6 or 8 of these Terms.
Modification
These Terms and the policies referenced by these Terms constitute the entire agreement between the parties and supersedes all prior agreements, whether written or oral, between the parties with respect to the subject matter of this agreement. PSV Marketing may modify these Terms or the policies at any time without liability. Changes PSV Marketing makes will become effective 14 days after posting unless the notice provides otherwise. No changes will be retroactive. PSV Marketing will make reasonable efforts to provide you notice of any changes by e-mail. It is your responsibility to monitor your e-mail and keep your contact information up-to-date with PSV Marketing. You have the right to cancel this agreement at any time, subject to the cancellation and refund provisions in these Terms. Your continued use of PSV Marketing’s services constitutes acceptance of these Terms and any modifications as described in this paragraph.
Miscellaneous
In the event any one or more of the provisions of these Terms are invalid, illegal, or unenforceable in any respect, the validity of the remaining provisions shall remain in full force and effect. No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall be deemed as a waiver of such right, power, or remedy, or as a waiver of any other term, condition, or remedy.