tyBit, Inc. (“tyBit”) welcomes you to its search engine.  By using this search engine application(s) (“tyBit Services”), YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE and PRIVACY POLICY, as amended from time to time, and all disclaimers, terms and conditions that appear elsewhere on this application.   You agree that any changes made to this Terms of Service will be effective as of the date posted to this page.            

Legal and Enforceable Online Contract

By accepting these TERMS OF SERVICE, including but not limited to its PRIVACY POLICY, BY EITHER CLICKING THE “ACCEPT THESE TERMS” BUTTON OR USING THE TYBIT SEARCH ENGINE, YOU AGREE THAT YOU HAVE ENTERED INTO A LEGAL AND ENFORCEABLE ONLINE CONTRACT WITH tyBit, AND ACCEPT THESE TERMS AND CONDITIONS AS STATED IN THIS “TERMS OF SERVICE” TO GOVERN YOUR USE OF THIS SEARCH ENGINE.

 18 Years of Age to Use    

To use this search engine, you must be 18 years of age or older.  Any offers of sale presented through this search engine are only intended for individuals who are 18 years of age or older.  By using this search engine or purchasing goods or services from the use of the tyBit Services, you affirm that you are 18 years of age or older.        

This search engine is not directed for use by children. This search engine is intended for use by adults who are 18 years of age or older.  If a parent or guardian elects to allow a child under the age of 13 years old to utilize this search engine, then such parent or guardian agrees that it has provided its consent to tyBit to allow tyBit to use its technology while its child is utilizing this search engine.                

Content Linked to by tyBit

 The sites displayed as search results or linked to by tyBit Services are developed by people over whom tyBit exercises no control. The search results that appear from tyBit's indices are indexed by tyBit's automated machinery and computers, and tyBit cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using tyBit Services may produce search results and links to websites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a tyBit search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the tyBit Services.

No Automated Querying

 You may not send automated queries of any sort to tyBit's system without express permission in advance from tyBit. Note that "sending automated queries" includes, among other things:

- using any software which sends queries to TyBit to determine how a website or webpage "ranks" on tyBit for various queries;

- automated "meta-searching" tyBit; and

- performing "offline" searches on tyBit.

 Please do not write to tyBit to request permission to "meta-search" tyBit for a research project, as such requests will not be granted.

Purchases

Any purchase of services or products originated from your use of this search engine shall be governed in accordance to the purchasing policies of those website in which you made your purchase.  , including but not limited to tyBit and its affiliates’ pricing, sales tax, payment, order acceptance/confirmation. Pease review such policies prior to using or making purchases at their websites.

Product Display/Colors   

tyBit attempts to display product images shown on through this search engine as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using or the color settings for your computer.

Advertisement Errors      

Advertisement errors will be corrected where discovered, and tyBit reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.               

Venue and Applicable Law             

This search engine was created and is operated by tyBit in the State of North Carolina, United States of America. All disputes under this Agreement shall be resolved by litigation in the courts of either Wake or Cumberland Counties, North Carolina including the federal and small claims courts therein and you agree to consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. The laws of the State of North Carolina will also govern the Privacy Policy without giving effect to any principles or conflicts of laws.              

Legal Notices     

Original material which tyBit posts on this search engine is protected by intellectual property laws.  Copyright © 2007 tyBit, Inc., All Rights Reserved, tyBit™.  Patent-pending for tyBit’s search engine and other applications.  You are hereby granted a non-exclusive license to use tyBit Application (“Content”), but only while utilizing the tyBit Application.  You are also granted a limited license to print copies of any Content posted on tyBit Application, but only for your personal use.  Except as expressly provided herein, tyBit reserves all rights to its intellectual property.  Among other things, except to the extent required for the limited purpose of reviewing materials on the tyBit Application, any electronic reproduction, adaptation, distribution, performance or display of the Content is prohibited.  Commercial use of any of the Content is strictly prohibited.  Except as expressly provided herein, use of any copyright, patent or trademark of tyBit also is strictly prohibited. 

 

Privacy

 

tyBit’s technology provides a method and program for its advertisers and partnersto distribute their marketing materials contained within this search engine to you while receiving valuable and accurate feedback on what you think is interesting.  Our technology enables us to determine (i) your geographic location from either the zip code that you provide to tyBit when installing tyBit’s search engine and/or other applications onto your computer or through your GPS of your mobile device; (ii) your age and income if you voluntarily submit it to tyBit; (iii) your search terms or interactive behavior with our search engine; (iv) your purchasing behavior; (v) your computer location through your unique computer IP address; (vi) source of the information sought by you during your search; and (vii) the age of your results data (collectively, “Shared Information”).  More importantly, our technology obtains the Shared Information anonymously without obtaining your identity or any other personal identifiable information of you.  The Shared Information is sorted by unique computers, rather than unique users.

 

For a better understanding of the privacy philosophies of tyBit and how they use, share and secure the Shared Information, please visit tyBit’s Privacy Policy page.  tyBit’s Privacy Policies are automatically a part of and incorporated into these Terms of Service.

 

Security

 

You are prohibited from violating or attempting to violate the security of the search engine application and corresponding websites, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; b) using the search engine or website for unintended purposes or trying to change the behavior of the search engine or website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the search engine application or website, overloading, "flooding," "spamming," "mailbombing" or "crashing;"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of the search engine application or website (impersonating the search engine application or website) or to the Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of tyBit, including promotions and/or advertising of products or services, is expressly prohibited.            

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the search engine application and website or any activity being conducted on search engine application or website. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the search engine or website other than the search engine and search agents provided by tyBit or generally publicly available browsers.        

Damages

In no event shall tyBit, or their affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.

Limitation of Liability and Disclaimers

By using this search engine, you expressly agree that your use of this search engine is at your sole risk. This search engine is provided on an “AS IS” and “as available” basis. Neither tyBit nor their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of this search engine will be uninterrupted or error-free. Neither tyBit nor their Associates warrant the accuracy, integrity or completeness of the content provided on this search engine or the products or services offered for sale on this search engine. Further, tyBit makes no representation that content provided on this search engine is applicable to, or appropriate for use in, locations outside of the United States.  tyBit and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by tyBit or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.       

Under no circumstances shall tyBit or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use this search engine, including but not limited to reliance by you on any information obtained from this search engine that results in mistakes, omissions, interruptions, security breaches, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortious action, even if an authorized representative of tyBit has been advised of or should have knowledge of the possibility of such damages.  You hereby acknowledge that this paragraph shall apply to all content, your data stored by tyBit, goods or servicesavailable through this search engine. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

tyBit reserves the right to make changes to search engine and its TERMS OF SERVICE and PRIVACY POLICY at any time. Each time you use this search engine, you must visit and review the then current TERMS OF SERVICE and PRIVACY POLICY that apply to your use and transaction of this search engine. If you are dissatisfied with this search engine, its content or TERMS OF SERVICE and PRIVACY POLICY, you agree that your sole and exclusive remedy is to discontinue using the search engine.              

Tampering with the tyBit Application, misrepresenting the identity of a user or buying agents, using software to manipulate the tyBit Application in any way, or conducting fraudulent activities through use of the tyBit Application are prohibited.

 

Contact Information for tyBit

·         tyBit’s Website address is:  www.tyBit.com

The mailing address for tyBit is: tyBit, Inc., 421 Maiden Lane, Fayetteville, NC 28301.

·         The telephone number for tyBit is: (877) 404-7250. 

·         The e-mail address to contact tyBit is:  info@tyBit.com

Terms of Service Agreement Updates

 

These Terms of Service were last updated on October 1, 2007.  Any changes made to these Terms of Service will be effective as of the date posted to this page.  

 

tyBit, Inc. (“tyBit”) welcomes you to its search engine.  By using this search engine application(s) (“tyBit Services”), YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE and PRIVACY POLICY, as amended from time to time, and all disclaimers, terms and conditions that appear elsewhere on this application.   You agree that any changes made to this Terms of Service will be effective as of the date posted to this page.            

Legal and Enforceable Online Contract

By accepting these TERMS OF SERVICE, including but not limited to its PRIVACY POLICY, BY EITHER CLICKING THE “ACCEPT THESE TERMS” BUTTON OR USING THE TYBIT SEARCH ENGINE, YOU AGREE THAT YOU HAVE ENTERED INTO A LEGAL AND ENFORCEABLE ONLINE CONTRACT WITH tyBit, AND ACCEPT THESE TERMS AND CONDITIONS AS STATED IN THIS “TERMS OF SERVICE” TO GOVERN YOUR USE OF THIS SEARCH ENGINE.

 18 Years of Age to Use    

To use this search engine, you must be 18 years of age or older.  Any offers of sale presented through this search engine are only intended for individuals who are 18 years of age or older.  By using this search engine or purchasing goods or services from the use of the tyBit Services, you affirm that you are 18 years of age or older.        

This search engine is not directed for use by children. This search engine is intended for use by adults who are 18 years of age or older.  If a parent or guardian elects to allow a child under the age of 13 years old to utilize this search engine, then such parent or guardian agrees that it has provided its consent to tyBit to allow tyBit to use its technology while its child is utilizing this search engine.                

Content Linked to by tyBit

 The sites displayed as search results or linked to by tyBit Services are developed by people over whom tyBit exercises no control. The search results that appear from tyBit's indices are indexed by tyBit's automated machinery and computers, and tyBit cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using tyBit Services may produce search results and links to websites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a tyBit search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the tyBit Services.

No Automated Querying

 You may not send automated queries of any sort to tyBit's system without express permission in advance from tyBit. Note that "sending automated queries" includes, among other things:

- using any software which sends queries to TyBit to determine how a website or webpage "ranks" on tyBit for various queries;

- automated "meta-searching" tyBit; and

- performing "offline" searches on tyBit.

 Please do not write to tyBit to request permission to "meta-search" tyBit for a research project, as such requests will not be granted.

Purchases

Any purchase of services or products originated from your use of this search engine shall be governed in accordance to the purchasing policies of those website in which you made your purchase.  , including but not limited to tyBit and its affiliates’ pricing, sales tax, payment, order acceptance/confirmation. Pease review such policies prior to using or making purchases at their websites.

Product Display/Colors   

tyBit attempts to display product images shown on through this search engine as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using or the color settings for your computer.

Advertisement Errors      

Advertisement errors will be corrected where discovered, and tyBit reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.               

Venue and Applicable Law             

This search engine was created and is operated by tyBit in the State of North Carolina, United States of America. All disputes under this Agreement shall be resolved by litigation in the courts of either Wake or Cumberland Counties, North Carolina including the federal and small claims courts therein and you agree to consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. The laws of the State of North Carolina will also govern the Privacy Policy without giving effect to any principles or conflicts of laws.              

Legal Notices     

Original material which tyBit posts on this search engine is protected by intellectual property laws.  Copyright © 2007 tyBit, Inc., All Rights Reserved, tyBit™.  Patent-pending for tyBit’s search engine and other applications.  You are hereby granted a non-exclusive license to use tyBit Application (“Content”), but only while utilizing the tyBit Application.  You are also granted a limited license to print copies of any Content posted on tyBit Application, but only for your personal use.  Except as expressly provided herein, tyBit reserves all rights to its intellectual property.  Among other things, except to the extent required for the limited purpose of reviewing materials on the tyBit Application, any electronic reproduction, adaptation, distribution, performance or display of the Content is prohibited.  Commercial use of any of the Content is strictly prohibited.  Except as expressly provided herein, use of any copyright, patent or trademark of tyBit also is strictly prohibited. 

 

Privacy

 

tyBit’s technology provides a method and program for its advertisers and partnersto distribute their marketing materials contained within this search engine to you while receiving valuable and accurate feedback on what you think is interesting.  Our technology enables us to determine (i) your geographic location from either the zip code that you provide to tyBit when installing tyBit’s search engine and/or other applications onto your computer or through your GPS of your mobile device; (ii) your age and income if you voluntarily submit it to tyBit; (iii) your search terms or interactive behavior with our search engine; (iv) your purchasing behavior; (v) your computer location through your unique computer IP address; (vi) source of the information sought by you during your search; and (vii) the age of your results data (collectively, “Shared Information”).  More importantly, our technology obtains the Shared Information anonymously without obtaining your identity or any other personal identifiable information of you.  The Shared Information is sorted by unique computers, rather than unique users.

 

For a better understanding of the privacy philosophies of tyBit and how they use, share and secure the Shared Information, please visit tyBit’s Privacy Policy page.  tyBit’s Privacy Policies are automatically a part of and incorporated into these Terms of Service.

 

Security

 

You are prohibited from violating or attempting to violate the security of the search engine application and corresponding websites, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; b) using the search engine or website for unintended purposes or trying to change the behavior of the search engine or website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the search engine application or website, overloading, "flooding," "spamming," "mailbombing" or "crashing;"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of the search engine application or website (impersonating the search engine application or website) or to the Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of tyBit, including promotions and/or advertising of products or services, is expressly prohibited.            

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the search engine application and website or any activity being conducted on search engine application or website. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the search engine or website other than the search engine and search agents provided by tyBit or generally publicly available browsers.        

Damages

In no event shall tyBit, or their affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.

Limitation of Liability and Disclaimers

By using this search engine, you expressly agree that your use of this search engine is at your sole risk. This search engine is provided on an “AS IS” and “as available” basis. Neither tyBit nor their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of this search engine will be uninterrupted or error-free. Neither tyBit nor their Associates warrant the accuracy, integrity or completeness of the content provided on this search engine or the products or services offered for sale on this search engine. Further, tyBit makes no representation that content provided on this search engine is applicable to, or appropriate for use in, locations outside of the United States.  tyBit and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by tyBit or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.       

Under no circumstances shall tyBit or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use this search engine, including but not limited to reliance by you on any information obtained from this search engine that results in mistakes, omissions, interruptions, security breaches, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortious action, even if an authorized representative of tyBit has been advised of or should have knowledge of the possibility of such damages.  You hereby acknowledge that this paragraph shall apply to all content, your data stored by tyBit, goods or servicesavailable through this search engine. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

tyBit reserves the right to make changes to search engine and its TERMS OF SERVICE and PRIVACY POLICY at any time. Each time you use this search engine, you must visit and review the then current TERMS OF SERVICE and PRIVACY POLICY that apply to your use and transaction of this search engine. If you are dissatisfied with this search engine, its content or TERMS OF SERVICE and PRIVACY POLICY, you agree that your sole and exclusive remedy is to discontinue using the search engine.              

Tampering with the tyBit Application, misrepresenting the identity of a user or buying agents, using software to manipulate the tyBit Application in any way, or conducting fraudulent activities through use of the tyBit Application are prohibited.

 

Contact Information for tyBit

·         tyBit’s Website address is:  www.tyBit.com

The mailing address for tyBit is: tyBit, Inc., 421 Maiden Lane, Fayetteville, NC 28301.

·         The telephone number for tyBit is: (877) 404-7250. 

·         The e-mail address to contact tyBit is:  info@tyBit.com

Terms of Service Agreement Updates

 

These Terms of Service were last updated on October 1, 2007.  Any changes made to these Terms of Service will be effective as of the date posted to this page.  

 

TyBit Anti-Fraud Policy

By design, tyBit executes a verifiable search but the Internet is fraught with individuals and entities that seek to exploit legitimate interactive business activity with fraudulent activity. tyBit Inc. has a zero tolerance policy for individuals or entities that engage in activities that artificially generate traffic or any other fraudulent activity , as defined further below, to the sponsored on-line advertising, websites or administrative locations on the tyBit network. The validity of the traffic that results from the relevant search executed by the subscriber is essential to the willingness of advertisers to sell goods and services to consumers looking for the products they desire on the Internet.

The integrity of the interactive advertising transaction is a core value of tyBit Inc. and tyBit Unified Search, and that value shall be maintained using proprietary technology and experienced personnel that scrutinize suspicious traffic to support the delivery of valid search traffic to sponsored advertising. If for any unforeseen reason suspicious activity is identified and it is determined to be fraudulent, the advertising sponsor will be refunded an amount equal to the cost of the fraudulent activity as reported by tyBit Inc. The individual or entity that is the source of the fraudulent activity shall be banned from accessing tyBit in the future with no opportunity for redemption of their rights.

Fraud on the tyBit Network

Any activity that tyBit Inc. in its sole discretion deems to be fraudulent, suspicious or unacceptable use of its network, including but not limited to, activity that artificially generates traffic, value or the like via means of manual clicks, robots, software or other automatic tools or the like. Additionally, any tyBit user attempting to submit fraudulent user account information or other registration information will be disqualified from use of tyBit’s AdVAR Program since and denied any rights or value derived from the use of tyBit and its advertisements, and if appropriate, reported to the authorities.

User Account/Company Account, Password and Security

As an AdVAR, you will receive a password and account designation upon completing your account registration process. You are responsible for maintaining the confidentiality of the password, the account and are fully responsible for all activities that occur under your password or account. Subscribers must (a) immediately notify tyBit of any unauthorized use of your password or account or any other breach of security, and (b) ensure that they exit from their account at the end of each session. tyBit cannot and will not be liable for any loss or damage arising from a subscriber’s failure to comply with its terms of your use of the AdVAR Program.

Full Assumption of Risk of Loss and Indemnification

If you decide to participate in tyBit’s AdVAR Program, you assume full responsibility and risk associated with the buying and reselling advertisements and keywords within the registry. The decision to participate is yours alone and without exception. Lastly you should not participate in the tyBit AdVAR Program if you do not accept the rules governing tyBit’s Global Keyword Registry.

tyBit, its employees, officers, directors, licensees, affiliates, partners, subsidiaries, advertising, promotion or other agencies, and agents are not responsible for; your costs, expenses, liabilities and all damages whatsoever that may arise as a result of the your (i) entry or use of the AdVAR Program; (ii) use of any materials within the tyBit network; or (iii) incurring losses or the acceptance of any prizes.

No Warranty Provided

All goods and services provided on the Website are herein provided on an "As Is" basis, without Warranty of any kind, either Express or Implied, including but not limited to Implied Warranties of Merchantability, Fitness for a particular purpose. No person affiliated with tyBit, or claiming any affiliation has any authority to extend any such warranties.

As a subscriber you understand and unconditionally agree that tyBit cannot be held responsible for any issue or any other related or unrelated malfunction that it or a user of tyBit’s search engine may experience.

TYBIT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE ADVAR PROGRAM, FOR ANY PURPOSE. THE ADVAR PROGRAM IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS SOFTWARE IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, TYBIT SHALL NOT BE LIABLE UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE ADVAR PROGRAM. TYBIT WILL NOT SUPPORT THIS SOFTWARE AND WILL NOT ISSUE UPDATES TO THE ADVAR PROGRAM.

Disputes

When you register to participate in tyBit’s AdVAR Program, you are only eligible to dispute an alleged fraudulent click claim only once, and such claim must be made within a 12 hour period after you become aware of fraudulent activity, but in no event later than thirty (30) days from your particular registration date. Click disputes must be initiated via AdVAR’s own AdVAR ad module /AdVAR Account at tyBit.com. All AdVAR Program disputes are treated in a fair and impartial manner. tyBit’s Management decisions regarding disputed AdVAR Program’s costs or profits are final. You agree that tyBit is sole and final arbiter of whether a click is fraudulent. No single click may be disputed as fraudulent more than once, and tyBit’s decision as to whether the click was fraudulent is final and binding.

You may establish only one account to participate in the AdVAR Program. tyBit will monitor all account registrations. tyBit reserves the right to bar any attempt to establish multiple accounts; in the event tyBit discovers that you have opened more than one account, all your accounts can be terminated. You represent and warrant that all information you supply to the AdVAR Program is complete and accurate. Submitting incomplete, false, or inaccurate information will result in immediate termination of your account and forfeiture of any value to you which you are otherwise entitled.

Interstate Nature of Communications on tyBit’s Network

When you purchase advertisements or register a keyword with Global Keyword Registry under tyBit’s AdVAR Program, you acknowledge that in using tyBit’s services to send electronic communications (including but not limited to sending messages to tyBit’s message boards, and other Internet activities),you are causing communications to be sent through tyBit’s computer networks, portions of which are located in North Carolina. As a result, of tyBit’s network architecture and business practices and the nature of electronic communications, it is highly likely that your communication will result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. .

Errors

Errors will be corrected where discovered, and tyBit reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.

Venue and Applicable Law

The AdVAR Program was created and is operated by tyBit in the State of North Carolina, United States of America. All disputes under this Agreement shall be resolved by litigation in the courts of Wake County, North Carolina including the federal and small claims courts therein and you agree to consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. The laws of the State of North Carolina will also govern the Privacy Policy without giving effect to any principles or conflicts of laws.

Damages

In no event shall tyBit, or their affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.

IF YOU ARE DISSATISFIED WITH THE AdVAR PROGRAM OR ANY SERVICES OR CONTENT ON TYBIT, OR WITH tyBit’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AdVAR PROGRAM. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE DISCRETION AND RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF tyBit UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Limitation of Liability

By using the tyBit’s AdVAR Program, you expressly agree that your use of the AdVAR Program is at your sole risk. The AdVAR Program is provided on an “AS IS” and “AS AVAILABLE”” basis. tyBit nor its respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the AdVAR Program will be uninterrupted or error-free. tyBit nor its Associates warrant the accuracy, integrity or completeness of the content provided on the AdVAR Program or the products or services offered for sale on the AdVAR Program. Further, tyBit makes no representation that content provided on the AdVAR Program is applicable to, or appropriate for use in, locations outside of the United States. tyBit and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by tyBit or its Associates shall create a warranty.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY SERVICES OR CONTENT ON THE WEBSITE, OR WITH tyBit’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF tyBit UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100)

Under no circumstances shall tyBit or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the tyBit’s AdVAR Program, including but not limited to reliance by you on any information obtained from this Website that results in mistakes, omissions, interruptions, security breaches, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortious action, even if an authorized representative of tyBit have been advised of or should have knowledge of the possibility of such damages. YOU hereby acknowledge that this paragraph shall apply to all content, your data stored by tyBit, goods or services available through the Global Keyword Registry.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY SERVICES OR CONTENT ON THE WEBSITE, OR WITH tyBit’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF tyBit UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100)

tyBit can change the AdVAR Program and its TERMS OF USE and PRIVACY POLICY at any time. Each time you use this Website. We strongly recommend that you visit and review the then current TERMS OF USE and PRIVACY POLICY that apply to your use and the transactions contemplated on this Website. If you are dissatisfied with the Global Keyword Registry, its content or TERMS OF USE and PRIVACY POLICY, you agree that your sole and exclusive remedy is to discontinue using the Global Keyword Registry.

Tampering with the AdVAR Program, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities via the AdVAR Program are prohibited.

 

ADVERTISER AND/OR VALUE ADDED RESELLER (“AdVAR”) AGREEMENT

This AdVAR Agreement (“Agreement”) is by and between You (“AdVAR”, “You” or “Your”) and tyBit, Inc. (“tyBit”).  This Agreement shall set forth the terms and conditions of Your participation in tyBit’s AdVAR Program (the “Program”), including but not limited to the Program’s pay per click, global keyword registry and AdVAR subsections. A description of the Program, and its subsections of the Program, as generally offered by tyBit, is available at www.tyBit.com, or such other URL as tyBit may provide from time to time. YOU AGREE TO BE BOUND BY THIS AGREEMENT, and tyBIT’S PRIVACY POLICY, EDITORIAL CONTENT POLICIES AND ALL OTHER POLICIES OF tyBIT, as amended from time to time, and all disclaimers, terms and conditions that appear elsewhere throughout tyBit (collectively, “tyBit’s Policies”).   You agree that any changes made to this Agreement will be effective as of the date posted to this page and that such posting to this page shall constitute valid notice to You of any changes made to this Agreement.           

LEGAL AND ENFORCEABLE ONLINE CONTRACT

BY OPENING AN ACCOUNT OR BY ADVERTISING ON tyBit.COM, YOU HAVE AGREED THAT YOU HAVE ENTERED INTO A LEGAL AND ENFORCEABLE ONLINE CONTRACT WITH tyBIT, AND ACCEPT THESE TERMS AND CONDITIONS AS STATED IN THIS AGREEMENT TO GOVERN YOUR PARTICIPATION IN THE PROGRAM, INCLUDING YOUR AGREEMENT TO COMPLY WITH tyBit’s Policies.

18 YEARS OF AGE TO PARTICIPATE IN THE PROGRAM           

To participate in the Program, you must be 18 years of age or older.  The Program is not directed for participation by children. The Program is intended for participation by adults who are 18 years of age or older.  Any offers of sale presented through the Program or throughout tyBit’s websites are only intended for individuals who are 18 years of age or older.  By opening an account with tyBit or advertising on tyBit.com, You affirm that You are 18 years of age or older.

PROGRAM PARTICIPATION

Upon tyBit’s prior approval and Your continued “good standing” status with tyBit’s AdVAR Policies (“AdVAR Policies”), located at http://www.tybit.com/agreements/AdVARs.html and elsewhere at www.tyBit.com, or such other URLs as tyBit may provide from time to time. Your participation in the Program is subject to: (i) Your election as to which subsection(s) of the Program You elect to participate in, which You make such election(s) in Your AdVAR Account (accessible at https://ads.tybit.com); and (ii) the approval of tyBit of Your election to participate in Your elected subsection(s) of the Program, which may be denied at any time, with or without cause, and without notice to You.

AdVAR SUBSECTION OF THE PROGRAM

By enrolling in the AdVAR subsection of the Program, You agree that tyBit may serve third party and/or tyBit provided advertisements (such tyBit-served advertisements, collectively, “Ads”), related to tyBit search queries and/or Ad search box(es) (collectively, “Links”), tyBit Web and/or Site search results (collectively, “Search Results”), and/or tyBit referral Ads in connection with tyBit’s Internet search engine application (“tyBit Application”). The tyBit Application means both the tyBit-branded application and the private-label application, including but not limited to any client or server software, method or process used to crawl, index, store, retrieve and display Internet content and advertising with regard to searching the Internet.

(a)        Authorized Use. For consideration and mutual promises made herein, the adequacy of which is acknowledge by both Parties, tyBit grants AdVAR a limited, terminable, nonexclusive, nontransferable right and license to participate in the Program in accordance to the terms and conditions of this Agreement, to the use of the Program’s software and other software belonging to third parties that tyBit has the right to make available to AdVAR, in exchange for AdVAR’s promise to use its “best efforts” to promote the tyBit Application and the Program. The tyBit Application includes but is not limited to client and server software, processes and methods used to crawl, index, store, retrieve and display web content on the Internet. All other rights are reserved for tyBit.

(b)        Restrictions. AdVAR shall not rent, lease, sell, sublicense, or assign any or all of the tyBit Application. AdVAR shall not reverse engineer, decompile, or disassemble the tyBit Application or any technical data derived from it, in violation of any applicable United States or foreign law. tyBit shall retain title and all ownership rights to the tyBit Application and this Agreement shall not be construed in any manner as transferring any rights of ownership in the tyBit Application, except as specifically stated herein.

COMMISSION AND PAYMENT TERMS UNDER THE AdVAR SUBSECTION OF THE PROGRAM

(a)        Commission Structure.  tyBit AdVAR commissions are based on the number of valid clicks on Ads, valid impressions of Ads, and/or valid completions of Referral Events initiated through and displayed in connection with an AdVAR’s tyBit Application and tracked through an AdVAR’s AdVAR ID, as provided in greater detail by tyBit at www.tyBit.com/commissionstructure, which terms and conditions may be changed or reset by tyBit as it deems appropriate, in its sole discretion, and with or without notice to You.

(b)        Commission Eligibility Requirements.  On a month-end basis throughout the term of this Agreement, tyBit will determine whether You are entitled to a AdVAR commission.  Eligibility for a AdVAR commission is determined as follows: (i) each month You must have at least Two (2) clients who are properly identified in Your AdVAR account; (ii) where such clients have met tyBit’s keyword advertisement deposit requirements; and (iii) such clients have met tyBit’s minimum keyword advertisement bidding requirement, which deposit and minimum bidding requirements are as stated and provided currently by tyBit at www.tyBit.com/commissionstructure, which terms and conditions may be changed or reset by tyBit as it deems appropriate, in its sole discretion, and with or without notice to You.

(c)        Earned Gross Commissions Deposited Into Your AdVAR Account.  If tyBit determines that You are eligible for a tyBit AdVAR commission for any month throughout the term of this Agreement, then within thirty (30) days from the last day of such month, tyBit will deposit into Your AdVAR Account Your earned AdVAR commission, minus any set-offs for fraudulent activity associated with Your AdVAR ID as provided herein, and any other amount of money owed by You to tyBit in accordance to this Agreement.  Simultaneously at the time of each such deposit, tyBit will deliver to Your AdVAR Account an explanation of how it calculated Your earned gross AdVAR commission.  Notwithstanding the foregoing, tyBit shall not be liable for any AdVAR commission based on: (a) any amounts which result from invalid queries, invalid Referral Events, or invalid clicks or impressions on Ads generated by any person, bot, automated program or similar device, as reasonably determined by tyBit, including without limitation through any clicks or impressions (i) originating from suspect IP addresses, (ii) solicited by payment of money, false representation, or request for end users to click on Ads, or (iii) solicited by payment of money, false representation, or any illegal or otherwise invalid request for end users to complete Referral Events; (b) Ads delivered to end users whose browsers have suspicious activity; (c) Ads benefiting charitable organizations and other placeholder or transparent Ads that tyBit may deliver; (d) tyBit advertisements for its own products and/or services (excluding payments based on completed Referral Events); or (e) clicks co-mingled with a significant number of invalid clicks described in (a) above, or as a result of any breach of this Agreement by You for any applicable pay period. 

(d)       10-Days To Dispute Your Deposited Commission.  Your shall have ten (10) business day from the date in which tyBit deposited Your earned AdVAR commission into Your AdVAR Account to dispute the validity of Your AdVAR commission.  You must make Your dispute of Your AdVAR commission in an English-written e-mail sent to commissiondispute@tyBit.com.  You agree that if You do not make this written objection to Your deposited AdVAR commission within these ten (10) business days, then You will have affirmed that the amount of Your AdVAR commission that tyBit deposited into Your AdVAR Account is correct.

(e)        Escrow Requirement to Receive Payment of Your AdVAR Commission.  In order to receive actual payment of Your AdVAR commission, You must first have US$100.00 (“Escrow”) in Your AdVAR Account to serve as an escrow for Your expenses and liabilities as an AdVAR under the Program.  For example, if You had $200.00 in Your AdVAR Account at the last day of a month, tyBit would deliver payment to You in the amount of $100.00, and hold the remaining $100.00 in Your AdVAR Account as Your Escrow.  At the sole discretion of tyBit, the amount of the Escrow may be raised from US$100.00 based on Your AdVAR record.   You can meet this escrow balance requirement by either depositing US$100.00 into Your tyBit AdVAR Account or accruing such funds in Your tyBit AdVAR Account over time through Your earned tyBit AdVAR commission(s) that have been deposited into Your AdVAR Account. 

(f)        Payment of Your AdVAR Commission.  You shall receive a payment as set forth herein, related to the number of valid clicks on Ads, valid impressions of Ads, and/or valid completions of Referral Events initiated through and displayed in connection with Your tyBit Applications and tracked by Your Partner ID within approximately thirty (30) days after the end of each yearly quarter that Ads or Referral Buttons are running on Your tyBit Application, so long as the credit balance is $100.00 or more.  tyBit reserves the right to withhold commission payments or charge back Your account due to any of the foregoing or any breach of this Agreement by You, pending tyBit’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 tyBit defaults on payment for such Ads to tyBit. In addition, if You are past due on any payment to tyBit in connection with any tyBit program (including without limitation the Program), tyBit reserves the right to withhold Your AdVAR commission 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 tyBit. To ensure proper payment, You are solely responsible for providing and maintaining accurate contact and payment information associated with Your AdVAR Account. For U.S. taxpayers, this information includes without limitation a valid U.S. tax identification number and a fully-completed Form W-9. For non-U.S. taxpayers, this information includes without limitation either a signed certification that the taxpayer does not have U.S. Activities (as described on www.tyBit.com: Tax Information Page located at https://www.tyBit.com/AdVAR/taxinfo, or such other URL as tyBit may provide from time to time) or a fully-completed Form W-8 or other form, which may require a valid U.S. tax identification number, as required by the U.S. tax authorities. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed on You by any government entity in connection with Your participation in the Program. If You dispute any payment made under the Program, You must notify tyBit in writing within thirty (30) days of any such payment; failure to so notify tyBit 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 tyBit which shall be available via Your online AdVAR Interface. No other measurements or statistics of any kind shall be accepted by tyBit or have any effect under this Agreement.
(g)        Closing Your AdVAR Account.  In the event the Agreement is terminated for any reason, tyBit shall deliver payment to You in the form of a check of Your entire AdVAR Account balance, including Your Escrow.  tyBit shall deliver this payment to You within approximately ninety (90) days after the end of the calendar month in which the Agreement is terminated by You (following tyBit’s receipt of Your 30-day written request, including by e-mail, to terminate the Agreement) or by tyBit.

YOUR SUBMISSION OF ADVERTISEMENT CONTENT, AUDIO, VIDEO AND LIKE MEDIA TO tyBIT
By submitting any advertisement content, audio, video and like media (collectively, “Your Media”) to tyBit under any of its subsections of the Program, You represent that: (i) Your Media is based on true facts supported by diligent research to the best of Your knowledge; (ii) You have the right to provide or arrange to provide Your Media to tyBit; (iii) Your Media does not infringe the patent, trademark, copyright, trade secret or any other proprietary rights or intellectual property of any third party; and (iv) Your Media is free of any corruption, viruses, worms, bots, spyware, malware or any other code or means that may cause damages to tyBit and tyBit’s property, You and Your property, and any third-party or any third-party’s property. You represent and understand that You will not receive any form of compensation from tyBit for Your Media that You are submitting to tyBit.  You grant to tyBit a nonexclusive, terminable, transferable and worldwide right and license to electronically publish and distribute Your Media at tyBit’s websites and other sites under license or contract with tyBit.
tyBit reserves the right to publish, edit or not publish any or all of Your Media that it receives from You, including the right to publish, edit or not publish Your Media in any format. In regards to Your Media’s published format, tyBit agrees that if it elects to publish Your Media at its websites and other sites as provided herein, Your Media will be published in a format that is current with industry standards for securing like media in a like online environment, which then-current format may or may not meet Your desired security standards. Caveat emptor, for so long as tyBit’s chosen security format for Your Media was published in a format current with industry standards for securing like media in a like online environment, tyBit shall not be responsible for any of Your damages or any third-party damages resulting from another party breaching the tyBit chosen security format and corrupting Your Media with viruses, worms, bots, spyware, malware or any other code or means causing damages, including but not limited to interstate damages, to You and to third-parties.

RIGHT TO REFUSE UNACCEPTABLE ADVERTISING

 tyBit reserves the right to refuse Your advertisement that does not completely conform to every detail, instruction, method, and guideline set in its Editorial Content Policies and all other tyBit Policies which can be found on the tyBit.com Web Site. tyBit does not accept advertising from companies that produce or provide pornographic products or services (which tyBit shall have complete discretion to define), or their subsidiaries, or foundations funded by such companies whose function is to improve acceptance of such products by the public. tyBit can void this Agreement immediately if You fail to disclose (or conceal or misrepresent) any involvement with pornographic products or services. In addition, tyBit may in its complete discretion refuse the use of any other advertising that it deems inappropriate.  

TRUTH IN ADVERTISING / INDEMNIFICATION FOR LIABILITY

You are solely responsible for any legal liability arising out of or relating to (1) Your advertisement(s), and/or (2) any material to which users can link through Your advertisement(s).  You represent and warrant that You advertisement(s) and Link(s) comply with tyBit’s Editorial Content Policies and all other tyBit Policies; and that You hold the necessary rights to permit the use of the Ad(s) and Link(s) by tyBit.com for the purpose of this Agreement; and that the use, reproduction, distribution, or transmission of the Ad(s) will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity. You agree to indemnify tyBit and to hold tyBit harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by tyBit, arising out of or related to Your breach of any of the foregoing representations and warranties. You agree to request that tyBit be listed as an additional insured on any policy issued to You pursuant to which there could be coverage for any of the forms of legal liability described in this paragraph and this Agreement.

IMPLEMENTATION AND OPERATION OF ADS, SEARCH RESULTS, AND FEES

By participating in any of the subsections of the Program, You agree to comply with all specifications and terms provided to You by tyBit in order to enable proper delivery, display, tracking, and reporting of Ads, Links, search results, revenue sharing and tyBit features in connection with Your users (tracked by Your assigned, unique AdVAR Identification Number (“AdVAR ID”).

PAYMENT FOR ADVERTISEMENTS 

tyBit reserves the right to hold You and Your authorized advertising agent(s) jointly and separately liable for any and all amounts owed as a result of You entering into this Agreement, and participating in any of the subsections of the Program.    Under the Program, AdVAR agrees that all of its pre-installment payments and purchases under the Program are nonrefundable and final, unless otherwise determined by tyBit at its sole discretion.

AdVAR understands that AdVAR has already affirmatively selected one or more of the following advertising plan(s)/payment options in AdVAR’s AdVAR Account, which is incorporated herein by reference.  The two options are summarized immediately below:

(a)        Option 1 | Pay Per Click.  AdVAR agrees to pay to tyBit a certain price per each valid click of its advertisements published under the Program.  The actual price per click is determined by AdVAR’s acceptance of tyBit’s offered price, which acceptance by AdVAR is entered and made in AdVAR’s AdVAR Account.  In this regard, in order to accept tyBit’s offered price per click, AdVAR must have at least that said amount in its AdVAR Account.  tyBit will run each of AdVAR’s Pay Per Click advertising campaign until such advertising campaign is terminated by either: (i) AdVAR electing to cease such campaign by submitting such termination request to tyBit in its AdVAR Account; or (ii) tyBit terminating such campaign as a result of AdVAR not having sufficient funds in its AdVAR Account to continue to purchase valid clicks from tyBit in accordance to the Parties agreed upon price per click.    

(b)        Option 2 | Global Keyword Registry. AdVAR agrees to pay to tyBit a certain price per time period for having its advertisements published under the Program.  Under the Global Keyword Registry advertising program, AdVAR pays for the time period and position or Pay Per Position (PPP) its advertisement is published by tyBit, and not by the number of clicks of its advertisements.  The actual price per time period is determined by AdVAR’s acceptance of tyBit’s offered price, which acceptance by AdVAR is entered and made in AdVAR’s AdVAR Account.  In this regard, in order to accept tyBit’s offered price per time period, AdVAR must have at least that said amount in its AdVAR Account.  tyBit will run each of AdVAR’s Global Keyword Registry advertising campaign until such advertising campaign is terminated by either: (i) AdVAR electing to cease such campaign by submitting such termination request to tyBit in its AdVAR Account; or (ii) tyBit terminating such campaign as a result of AdVAR not having sufficient funds in its AdVAR Account to continue to purchase certain price per time period advertisements from tyBit in accordance to the Parties agreed upon price per time period.   AdVAR agrees that tyBit is not under any duty to report to AdVAR that AdVAR has low or insufficient funds in its AdVAR Account to continue to purchase certain price per time period advertisements from tyBit.

STATISTICS

tyBit makes no guarantee that its published statistics will be equal to any published or implied numbers at any given time.  tyBit shall not be held liable for any claims as they relate to said statistics. tyBit provides to You with statistics only as a courtesy.

PRICING AND BULK RATES 

You agree that all of Your purchased advertising services under the Program will be governed by tyBit’s Pricing Information, whether printed on paper or electronically.  tyBit reserves the right to offer Bulk Rates as defined in its Pricing Information for those Agencies that qualify for those rates. 

PROHIBITED USES

You shall not, nor anyone under Your actual or apparent authority, authorize or encourage any third party to: (i) directly or indirectly, manually or by the use any software or like technology, engage in any deceptive, fraudulent or other invalid scheme to generates queries, impressions or clicks of any kind, or like means; (ii) remove, edit, modify, filter or change in any way the information contained in any tyBit Application, including but not limited to Ad, Link, Ad Unit, or Search Result; (iii) impair or otherwise inhibit the full and complete display of any tyBit content or graphics through the use of a frame, or others means that minimizes the appearance of any tyBit Website displayed on a computer screen, or like display apparatus; (iv) engage in any deceptive, fraudulent or other invalid scheme to redirect a tyBit or a tyBit partner’s end user in away from any tyBit Web Site or like page; (v) engage in any deceptive, fraudulent or other invalid scheme that displays to tyBit or tyBit partner’s end user an artificial page in order to obtain personal or financial information from such end user or otherwise displays to such end user offensive materials, as solely determined by tyBit;  (vi) access any account at tyBit or at a tyBit partner that You are not authorized to access, or take any action under the false identity of the rightful owner of such account; (vii) “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any tyBit Application, content or like tyBit-related means, or any part, copy, or derivative thereto in violation of copyright or other laws; (viii) act in any way that violates any AdVAR Policies posted on the tyBit Web Site, as may be revised from time to time, or any other agreement between You and tyBit (including without limitation the tyBit advertising  program terms); (ix) engage in any action or practice that reflects poorly on tyBit or any tyBit partner or otherwise disparages or devalues tyBit’s reputation or goodwill. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies against You.

TERMINATION; CANCELLATION

The initial term of this Agreement shall be for twelve (12) months and shall renew automatically every twelve (12) months from the date this Agreement is entered into by the Parties. tyBit may terminate this Agreement at any time, with or without cause, and without notice to You.  You may cancel this Agreement by sending an e-mail (i.e., written notice) to cancel@tyBit.com expressing Your intent to terminate this Agreement. Thirty (30) business days after the date in which tyBit’s receives Your notice of termination e-mail, then Your termination of this Agreement will effective. tyBit may investigate any activity that may violate this Agreement and if necessary terminate this Agreement.

NO GUARANTEE

tyBit makes no guarantee in regards to Your success under the Program, including but not limited to the level of impressions of Ads or clicks on any Ad or the amount of any payment to be made to You under this Agreement.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that You will take reasonable efforts to allow tyBit to link all 404 error pages, and the like pages, of the website(s) within Your control, including but not limited to Your clients’ website(s), to typhon.tybit.com search page in the format and means as requested by tyBit.
You represent and warrant that: (a) all of the information provided by You to tyBit to enroll in the Program is correct and current; (b) You are the owner of the products and/or services that You provide to Your Users or that You are legally authorized to act on behalf of the owner for the purposes of this Agreement and the Program; (c) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (d) You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations in Your performance of any acts hereunder. You further represent and warrant that: (i) You comply and have complied with all applicable laws, statutes, ordinances, and regulations; (ii) You are not utilizing tyBit or any of its products or services in any unlawful manner; and (iii) You 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.  tyBit reserves the right to investigate, at its own discretion, any activity that may violate this Agreement, including but not limited to any use of a software application to access Ads, Links, Search Results, or to complete any Referral Event, or any engagement in any activity prohibited by this Agreement.

You agree that You will use Your best efforts to promote the Program, both through Your own efforts as well as informing Your customers and potential customers of the Program in the value and use of the tyBit’s services into their advertising and marketing campaigns.

You agree that You will meet all reasonable business standards for displaying and distributing tyBit’s services to Your customers and potential customers.

You agree that You will be responsible for paying any and all sales, value-added or related taxes.

You agree to: (i) provide current, accurate and complete information about You (“Account Information”), and (ii) maintain and update this information as needed to keep it current, complete and accurate.  You, by participating in the Program, represent that Your Account Information is accurate and complete.

YOUR OBLIGATION TO INDEMNIFY

(a)        You agree to indemnify, defend and hold tyBit, its agents, AdVARs, subsidiaries, directors, officers, employees, Associates and applicable third parties (e.g. relevant advertisers, syndication AdVARs, 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 services provided via tyBit, the tyBit Application, and/or Your breach of any term of this Agreement or tyBit’s Policies.

(b)        The defense, indemnification, and hold-harmless provisions of this Agreement covers, without limitation, any infringement by You (or by someone else using Your email service or identity) of: (i) any intellectual property or other proprietary right of any other person or entity; and (ii) the violation of any of tyBit’s operating rules or policies relating to the services provided.

(c)        In the event that tyBit is threatened with a lawsuit by a third party, tyBit may seek written assurances from You concerning Your promise to indemnify tyBit. Your failure to provide those assurances may be considered by tyBit to be a material breach of this Agreement, and will authorize tyBit, at tyBit’s sole discretion and without further notice, to suspend, cancel or transfer Your AdVAR Account, and to suspend or terminate Your AdVAR Account.

(d)       You acknowledge that any new register will have no liability of any kind for any loss or liability resulting from the proceedings or processes relating to any of Your previously registered keyword via tyBit, including, without limitation: (i) the ability or inability of a registrant to obtain a keyword during these periods; and (ii) the results of any dispute over a registration made or sought during a Your registration period of a keyword.

tyBIT RIGHTS

You acknowledge that tyBit owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Program (including tyBit’s ad serving technology, search technology, referral technology, and excluding items licensed by tyBit 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 tyBit 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. “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.

PROHIBITION ON CHALLENGES TO tyBIT’S TRADEMARKS

AdVAR shall not challenge tyBit’s ownership or use of its trademarks or logos; attempt to register any of the tyBit trademarks or logos, or incorporate any of the tyBit trademarks or logos into any of AdVAR’s product names, service names, company names, domain names, or any other similar designation. 

INFORMATION RIGHTS

tyBit may retain and use, subject to the terms of the tyBit Privacy Policy (located at www.tyBit.com, or such other URL as tyBit may provide from time to time), all information You provide or it gathers about Your Users in the aggregate, including but not limited to User demographics. You agree that tyBit may transfer and disclose to third parties personally identifiable information about You for the purpose of approving and enabling Your participation in the Program, including to third parties that reside in jurisdictions with less restrictive data laws than Your own. TyBit may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. tyBit disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party. tyBit may share non-personally-identifiable information about You, including Your Users, sites, statistics and similar information collected by tyBit, with advertisers, business AdVARs, sponsors, and other third parties.

NO WARRANTY

tyBIT MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING, LINKS, SEARCH, REFERRALS, AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE EXTENT ADS, LINKS, AND SEARCH RESULTS ARE BASED ON NON-TYBIT CONTENT, TYBIT SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH ADS, LINKS, AND SEARCH RESULTS. AdVAR ALSO UNDERSTAND AND AGREE AS FOLLOWS: THE tyBIT APPLICATION, ASSOCIATED SERVICES AND SOFTWARE PRODUCTS, TOGETHER (COLLECTIVELY, “SOFTWARE PRODUCTS”) ARE DEEMED ACCEPTED BY AdVAR. AdVAR UNDERSTANDS AND AGREES THAT SOFTWARE PRODUCTS MAY BE MODIFIED AND UPGRADED AT THE SOLE DISCRETION OF tyBIT AT ANYTIME AND AdVAR AGREES THAT ALL CURRENT AND FUTURE SOFTWARE PRODUCTS AND/OR MODIFICATIONS AND UPGRADES PROVIDED BY tyBIT ARE SUBJECT TO THIS DISCLAIMER OF WARRANTY AND LIMITATION OF REMEDIES. THE SOFTWARE PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, tyBIT FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH AdVAR.

LIMITATIONS OF LIABILITY; FORCE MAJEURE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL tyBIT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR DOCUMENTATION, EVEN IF tyBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO AdVAR. tyBIT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGED CAUSED BY DELAY IN FURNISHING THE SOFTWARE PRODUCTS OR ANY OTHER PERFORMANCE UNDER THIS AGREEMENT. tyBIT’S ENTIRE LIABILITY AND AdVAR’S EXCLUSIVE REMEDIES FOR ANY LIABILITIES OF ANY KIND FOR THE SOFTWARE PRODUCTS COVERED BY THIS AGREEMENT AND ALL OTHER PERFORMANCE OR NONPERFORMANCE UNDER OR RELATED TO THIS AGREEMENT ARE LIMITED TO REMEDIES SPECIFIED BY THIS AGREEMENT.

By participating in the Program or using tyBit’s AdVAR Affiliate Services, You expressly agree that Your use of these services is at Your sole risk.  tyBit AdVAR Affiliate Services are provided on an “AS IS” and “as available” basis. Neither tyBit nor its respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of tyBit’s AdVAR Affiliate Services will be uninterrupted or error-free. Neither tyBit nor its Associates warrant the accuracy, integrity or completeness of the content provided on tyBit’s AdVAR Affiliate Services or the products or services offered for sale through tyBit. Further, tyBit makes no representation that content provided on tyBit is applicable to, or appropriate for use in, locations outside of the United States.  tyBit and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by tyBit or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to You.       

LIMITATION ON DAMAGES

IN NO EVENT WILL tyBIT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT tyBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

DISCLOSURE AND USE OF INFORMATION

For the purpose of this Agreement, tyBit does not generally need to disclose Your information to other parties. However, You agree and acknowledge that tyBit may make Your information available to other parties at tyBit’s discretion as stated in tyBit’s Privacy Policy, including, but not limited to law enforcement agencies in the United States or elsewhere, as requested by them.

Additionally, You agree that if tyBit determines in its sole discretion that Your conduct, while participating in the Program, was or resulted in a civil and/or criminal wrongful act, tyBit may publicly disclose any and all evidence of Your wrongful act(s) that it has within its control.  

You hereby irrevocably waive any and all claims and causes of action You may have arising from such disclosure or use of Your information, as provided in this paragraph and this Agreement, by tyBit.

tyBit will take reasonable precautions to protect the information it obtains from You from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information as per our Privacy Policy published at http://www.tybit.com/privacy.php.

PUBLICITY

With Your permission, You agree that tyBit may use Your name and logo in presentations, marketing materials, customer lists, financial reports, Web site listings of customers, Search Results Pages, and Referral Pages. If You wish to use tyBit’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, You may do so, so long as such use is in compliance with this Agreement and in compliance with tyBit’s then current use guidelines for its intellectual property, and any content contained or referenced therein, which guidelines may be found at the following URL: http://www.tyBit.com (or such other URL tyBit may provide from time to time).

AGENCY

If You are representing someone other than yourself, You represent and warrant to tyBit and tyBit’s partner network that: (i) You are authorized to act on behalf of such third-party or legal entity and You are agreeing to be bound to this Agreement for any and all such third party’s conduct; and (ii) as between You and Your third-party customer, You own any rights to the data/materials/media in connection with those ads as they are being used by tyBit and tyBit’s partner network.

EXPORT CONTROLS

AdVAR acknowledges that its use of the Program and other data may be subject to export controls imposed by the United States Government by law and regulation.  AdVAR shall not export or re-export any products or other data via advertisements under the Program except in compliance with such United States laws and regulations, including the Export Administration Act and implementing regulations.

tyBit BETA TESTING

From time to time, tyBit needs to have the freedom to make strategic and business decisions as a result of conducing Beta Testing (and all related and successor programs).  For this reason, tyBit reserves the right, in its sole discretion, to change all or part of the terms of this Agreement and/or other tyBit Policies provided to you at tyBit.com and to change or discontinue its products and services offered under its Beta Testing, including but not limited to raising or lowering the rate of compensation, changing the basis of compensation and/or changing the payment schedule.  If you participate in a tyBit Beta Testing program, You agree that tyBit may make changes to it at any time, with or without notice to You. Your continued participation in tyBit’s Beta Testing and/or post-Beta tyBit programs will constitute Your acceptance of the then-current Terms and Conditions, Policies and Service offerings.

(a)        As Is, No Warranties:  By participating in any of tyBit’s Beta Testing programs offered by tyBit, You agree to: (i) such Beta Testing terms and conditions; (ii) the Terms and Conditions of this Agreement; (iii) waive any warranties express or implied; (iv) accept the services offered under such Beta Testing as provided to You “as is”; and (v) assume all risks associated with Your participation in such Beta Testing program.

(b)        Payment Terms During Beta Testing: During any Beta Testing program: (i) Your account balance may be changed or reset as tyBit may deem appropriate, in its sole discretion; (ii) Your commission payment may be earned in accordance to such Beta Testing program terms, but in no event during any Beta Testing program will You be able to have a commission payment delivered to You.   Only after each Beta Testing program is completed will You then be entitled to receive a commission payment, if earned, in accordance to the final commission payment terms of such Beta Testing program; and (iii) the balance in Your commission account on the next business day after such Beta Testing program is completed will be the commission earned by You during such Beta Testing period.

MISCELLANEOUS

This Agreement shall be governed by the laws of North Carolina, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Cumberland or Wake Counties of North Carolina, either of which shall be determined in its sole discretion by tyBit. The Parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both Parties, by Your online acceptance of updated terms, or after Your continued participation in the Program after such terms have been updated by tyBit. The failure to require performance of any provision shall not affect a Party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the Parties’ intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to tyBit. Notwithstanding the foregoing, tyBit may assign this Agreement to any AdVAR at any time without notice. The relationship between tyBit and You is not one of a legal relationship, but is one of independent contractors.  Finally, You and tyBit agree that neither party shall make any disparaging oral or written statements about the other to any third party.

CONTACT INFORMATION FOR TYBIT

• tyBit’s Website address is:  www.tyBit.com            
  
• The mailing address for tyBit is:         tyBit, Inc.

421 Maiden Lane
Fayetteville, NC  28301         

• The telephone number for tyBit is: (877) 404-7250.             
  
• The e-mail address to contact tyBit is:  info@tyBit.com

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

AdVAR AGREEMENT UPDATES

This AdVAR Agreement was last updated on January 29, 2009.  Any changes made to this Agreement will be effective as of the date posted to this page.  You agree that You are responsible to check for any and all updates that affect your use or enjoyment of the services offered by tyBit.