Terms Of Services

Grant of License

You are granted a non-exclusive license only to use this Site at the discretion of SurveyXA; no other license under any invention, patent, copyright, trade secret, or other proprietary right is granted, either directly or indirectly.

Privacy Policy

SurveyXA respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by www.SurveyXA.ai/privacy . SurveyXA privacy policy is expressly incorporated into this Agreement by this reference.

Membership:

Membership in the SurveyXA is subject to prior approval of Surveyxa.com. SurveyXA reserves the right to refuse service to any new or existing Publisher/Advertiser, in its sole discretion, with or without cause. Approval of membership in the SurveyXA is limited only to the specific root URLs for which Publisher/Advertiser has applied for approval. SurveyXA reserves the right to withhold approval of membership in SurveyXA based on Website primary language. SurveyXA reserves the right, in its sole discretion and without liability, to reject, omit or exclude any Publisher/Advertiser or Website for any reason at any time, with or without notice to the Publisher/Advertiser and regardless of whether such Publisher/Advertiser or Website was previously accepted.

Approval of Publisher or Advertiser:

Registration with Company shall not confer any right on Publisher/Advertiser to use or access Company's Services. Publisher/Advertiser is subject to approval by Company. All prospective Publishers/Advertisers must be approved by the Company before they can become Publishers/Advertisers. Company reserves the right to withhold or refuse approval for any reason or for no reason. Once approved, Publisher's/Advertiser’s continued right to use the Services and participate as a publisher/advertiser of Company is conditioned upon Publisher's/Advertiser’s ongoing compliance with this Agreement and Company's posted policies on the Site. Failure of the Publisher to observe the terms and conditions of this Agreement, or the posted policies will be a material breach and shall disqualify Publisher/Advertiser from any further participation in Company's Services and may result in termination or suspension, and/or the deactivation of all links in any Programs downloaded by Publisher/Advertiser, forfeiture of payment and legal action. Publisher/Advertiser shall promptly notify Company in the event of a material change in its business or marketing strategy. Company's approval of Publisher/Advertiser may be withdrawn by Company at its sole discretion at any time for any reason without prior notification.

Company Services:

Company provides services to advertisers ("Advertisers"), third parties which post a link containing Advertiser's marketing programs ("Program(s)") on Company's proprietary platform ("Platform"). The Program(s) will specify the amount and terms under which Publisher will receive payment when the applicable Program's requirements are fulfilled. Compensation is derived from a specified event ("Event") identified in a Program, such as clicks, click-through, sales, registrations, impressions and leads. In addition, Company may post a link to a Program owned and operated by Company. The same terms and conditions apply to all Company owned Programs. Company shall have the right to suspend or terminate its provision of Services at any time, for any reason on ten (10) days’ notice to Publisher.

Publisher Services:

Company provides services to advertisers ("Advertisers"), third parties which post a link containing Advertiser's marketing programs ("Program(s)") on Company's proprietary platform ("Platform"). The Program(s) will specify the amount and terms under which Publisher will receive payment when the applicable Program's requirements are fulfilled. Compensation is derived from a specified event ("Event") identified in a Program, such as clicks, click-through, sales, registrations, impressions and leads. In addition, Company may post a link to a Program owned and operated by Company. The same terms and conditions apply to all Company owned Programs. Company shall have the right to suspend or terminate its provision of Services at any time, for any reason on ten (10) days’ notice to Publisher.

Publisher Services:

If Publisher accepts a Program, Publisher agrees to place that Program's advertising links (including the landing page) and creative (including the subject and from lines, the Advertiser CAN-SPAM disclosures and any other disclosures provided therein) (collectively, the "Ad") on Publisher's Media (as defined below) exactly as the Ad appears on the Platform and Publisher will not alter such Ad in any way, including resizing of Ads, without written approval from Company. In addition, Publisher shall comply with the following terms and conditions:

In order to be eligible to become a Publisher, all websites, affiliated websites and e-mail distribution lists (collectively the “Media”) must meet the following criteria:

If Publisher sends or transmits Ads via email, Publisher must have the consent of each email recipient to send such email and each Publisher shall maintain records evidencing such consent including all of the information that was collected at the time the end user registered at Publisher's site or provided an opt-in to receive commercial email. Publisher may offer incentives to users as a means to enhance the performance of any Program provided that (a) the offering and awarding of incentives is permitted by the Advertiser for which the Ad is placed, and (b) Publisher implements commercially reasonable fraud prevention measures regarding the offering and awarding of incentives. Incentives include but are not limited to awarding user cash, points and prizes; Publisher's

website[s] must be fully functional (not "under construction") at all levels and must point to a top level domain; Publisher's Media and the content and creative materials created by Publisher and used by Publisher on and in connection with Publisher's Media (collectively, "Publisher Content") shall not be deceptive and shall be compliant with all applicable foreign, state and federal laws and regulations including, without limitation, those pertaining to internet marketing, consumer privacy, the CAN-SPAM Act of 2003, as amended, and the Federal Trade Commission Act; Publisher Content shall not constitute a false testimonial, undisclosed paid endorsement or other types of "flogging"; Publisher shall not offer or provide sweepstakes, raffles, contests or other games of chance in connection with or related to any Ad; Publisher shall only publish or place Ads through mediums which Company has specifically approved for Publisher; Publisher shall not modify or alter any Ad, including, without limitation, the Ad's content, creative, and terms and conditions. Ads may only be published in accordance with the terms and conditions set by Company and the Advertiser; Publisher agrees to and shall be bound by any and all terms and conditions contained in a "Campaign Mandatory Requirements Posting" which may be placed on the Site. Publisher must review these Requirements, which are additional terms and conditions for specific Ad(s) and/or Advertiser(s), prior to accepting an Ad to which such Campaign Mandatory Requirements Postings are attached. To the extent the terms and conditions contained in the Campaign Mandatory Requirements Postings are different than this Agreement, the Campaign Mandatory Requirements Postings will control over this Agreement with all other terms of this Agreement remaining in full force and effect; Publisher's Media and any content used by Publisher on or in connection with Publisher's Media shall not be targeted to or intended to be used by persons under the age of 18. Publisher shall not knowingly collect any information from children under the age of 13; Publisher shall not send or direct any Ad or other communication relating to an Ad to a mobile telephone or other mobile electronic device via SMS, MMS or any other type of text messaging service or protocol unless and until Publisher (a) receives prior written authorization from Company and (b) enters into a separate written agreement with Company regarding Publisher's mobile marketing activities;

Spawning process pop-ups are prohibited; and Publisher's Media and Publisher's Content shall not include the following: (a) personal blogs, false testimonials or undisclosed endorsements; (b) Pornographic material, including any material appealing to the prurient interests; (c) Racial, ethnic, political, hate-mongering or otherwise objectionable content; (d) Investment, money-making opportunities or advice not permitted under law; (e) Gratuitous violence or profanity; (f) Material that defames, misrepresents, abuses, or threatens physical harm to others; (g) Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.; (h) Software Pirating; (i) Hacking or Phreaking; (j) Obscenity and any spoofing, redirecting, or trafficking from adult-related websites in an effort to gain traffic; (k) infringement or violations of the patents, copyrights, trademarks, rights of publicity, rights of privacy, moral rights, music performance or other music-related rights, or any other right of any third party; (l) Any illegal activity whatsoever.

Fraud:

Monitor and Inactivation. Company may, but is not required to, monitor Publisher's traffic and/or conduct for fraud. If fraud is suspected or detected, Publisher's account will be made inactive pending further investigation, to the extent that further investigation is necessary. Fraudulent traffic includes but is not limited to, click-through or conversion rates that are much higher than industry averages and where solid justification for such higher click-through or conversion rates is not evident to the reasonable satisfaction of Company; click or lead generation programs generating clicks or leads with no indication by site traffic that it can sustain the clicks or leads reported; fraudulent leads as determined and reported by Advertisers; use of any incentives to procure clicks or leads; leads obtained other than through intended consumer action without prior written approval of Company. Other fraudulent conduct includes, but is not limited to pre-population of forms or mechanisms not approved by Company; use of sites in co-registration campaigns, sequential promotion or registration sites, unless approved by Company; use of phone books or similar such compilations of personal data, to complete lead generation forms; use of fake redirects, automated software, proxy servers and/or other mechanisms, actions and conduct deemed by Company to generate falsified, sham or illegitimate Events. If Company, in its sole and reasonable discretion, determines that Publisher has engaged in fraudulent traffic generation or other fraudulent conduct, Publisher shall forfeit its entire commission for all Programs and its account with Company shall be terminated. In addition, in the event that Publisher has already received payment for fraudulent activities, Company reserves the right to seek credit or remedy from future earnings or to demand reimbursement from Publisher which Publisher shall make within five (5) business days of such demand. Adware and Spyware prohibited. Publisher shall at no time, engage in, disseminate, promote or otherwise distribute, any Program or Ad through the use of contextual media, specifically downloadable software (also called adware, pop-up/pop-under technologies, plug-ins, and other names as applicable). This prohibition applies equally to Publisher and any of its Sub-Publisher or other agents. In the event that Company discovers that Publisher is engaging in, disseminating, promoting or otherwise distributing, any Company Program or Ad through contextual marketing, then Company may, in its sole discretion, terminate this Agreement and immediately halt any and all Company related contextual marketing campaigns, making payment only on legitimate earnings of Publisher as accrued through the date and time of termination and withholding any and all earning obtained through violation of this Agreement.

Virtual Currency:

The virtual currency provided to you pursuant to your use of the Services is not real life currency and has no value whatsoever, either as a currency or otherwise, in the real world. Such virtual currency may not be used for any purpose other than within the framework of the applicable Application for which it was intended by the respective Application owner/operator and subject to the applicable Application owner/operators’ terms of use in relation to such virtual currency. The amount, value and permitted uses of the virtual currency which you

may be entitled to receive pursuant to use of the Services (whether via participation in advertising offers and/or payment or real money) is determined solely by the owner/operator of the Application regarding which such virtual money is intended to be used. SurveyXA is in no way responsible or liable for any matter related to the amount, value or permitted use of the virtual currency received by you. Earning/Winning Virtual Currency - In order to earn or win the virtual currency, you shall be required to fulfill and complete all the requirements of the applicable advertising offer as set forth in the instructions of the applicable offer. The nature of the requirements to be fulfilled, and the amount and type of virtual currency to which you may be entitled pursuant to the completion of said requirements, are determined solely by the applicable advertiser and the owner/operator of the applicable Application. SurveyXA is not liable or responsible for the amount and/or type of virtual currency received by you pursuant your participation in any advertising offer and any complaints, errors and/or problems you may have in connection with the foregoing should be reported directly to the owner/operator of the Application. Without derogating from the generality of the foregoing, SurveyXA is not responsible for any discrepancies between any offer appearing on the Offer Page and any offer actually provided by the applicable Application and the actual payout of virtual currency may not equal to that disclosed on the Offer Page.

Purchase of Virtual Currency - In order to purchase the virtual currency, you shall be required to pay a certain amount of real money as determined by the virtual money per real money value rate detailed and set forth in the instructions appearing in the applicable purchase offer. The amount of real money required to be paid for each unit of the applicable virtual currency is determined solely by the owner/operator of the applicable Application. Furthermore, please be advised that should you decide to purchase the virtual money, the actual money transfer shall be performed by certain third party entities that deal in e-commerce and online money transfers, and such third parties shall be solely responsible for the transfer of your payment to the applicable owner/operator of the Application. SurveyXA is not liable or responsible for the safe transfer of your payment to its intended destination or for the amount and/or type of virtual currency received by you pursuant your purchasing the virtual currency and any complaints, errors and/or problems you may have in connection with the foregoing should be reported directly to the owner/operator of the Application and/or the applicable third party performing the transfer of your payment, as applicable. In any event, all transactions, for virtual currency or for other items, are considered final, and there will be no refunds.

Fees:

Some products and services available through or in connection with this Site, including without limitation the ability to execute a financial transaction using this Site, require that you purchase a subscription or otherwise pay a fee. You hereby authorize the Company and its merchant provider to charge your credit card in advance for all applicable fees incurred by you or on your behalf in connection with the product or service you have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Site. The Company reserves the right in its sole discretion to change the amount of, or basis for determining, any fees or charges for services it provides, and to institute new fees, charges, or terms at any time. The Company reserves the right to terminate your ability to use the Site at any time for any reason. Your right to use the Site to complete a financial transaction is subject to any expenditure limits established by the Company or by your bank, credit card issuer or other financial institution. If you use a debit, credit or other payment card, and payment cannot be charged to your card or your charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate your access to the Site, thereby terminating this Agreement and all obligations of Company hereunder. If you have reason to believe that your financial information is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of any credit, debit, or charge card number stored), you must notify the Company of the problem to avoid possible liability for any unauthorized charges. It is your responsibility to notify the Company if your credit card has changed or has expired and to make appropriate changes or your service may be disconnected or interrupted.

Payment:

Subject to the terms of this Paragraph 7 [fraud], Publisher will be paid per the terms of each Program or insertion order. Provided that Publisher meets its minimum monthly commission, shall pay any amounts due approximately sixty (60) days after the invoice is created, less any taxes required to be withheld under applicable law, provided that Company may, in its discretion, withhold payments due to Publisher for a specific Program until such time as the Advertiser has paid Company for that Program. Company does not guarantee payment to the Publisher for a Program if the Advertiser fails to pay for that Program for any reason or no reason at all. Publisher acknowledges and agrees that (i) it accepts all risks if an Advertiser fails to pay for a Program, and (ii) Company is not a guarantor of any Advertiser payment obligation. If Publisher's minimum monthly commission is not achieved, the commission will be rolled over into the next month. The monthly minimum amount depends on the Publisher's selected payment method -- $100 for PayPal and $500 for wire transfer (wire transfers under $1,000 are subject to a $20 processing fee). Company reserves the right to reduce any payments owed to Publisher at any time, as a consequence of any offsets taken by Advertisers for invalid Events, technical errors, tracking discrepancies and the like. If no further payments are due to the Publisher, Publisher shall pay back these amounts within fifteen (7) days of receipt of invoice for the offset amount. Company reserves the right to withhold or reduce any payment to Publisher at any time in the event that Publisher or its sub-publisher breaches any material term of this Agreement or Company is placed on notice that Publisher or its sub-publisher, in connection with using the Services, has violated any other entity's terms or conditions or any applicable law or regulation. Company shall compile, calculate and electronically deliver data required to determine Publisher's billing and compensation. Any questions or disputes regarding the data or payout provided by the Company must be submitted by Publisher in writing within five (5) business days of receipt of final data or payout, or the information will be deemed accurate and accepted as such by Publisher. Company will not pay for any Events that occur before a Program is initiated, or after a Program terminates. Invoices submitted to Company and payments made to Publisher shall be based on the Events as reported by Company. Company will not be responsible to compensate Publisher for Events that are not recorded due to Publisher's error. Company will require a Publisher to provide a W-9, and similar such information, as a condition to payment.

Confidential Information:

Each party agrees to use the other party's Confidential Information solely for the purposes contemplated by this Agreement, and to refrain from disclosing the other party's Confidential Information to any third-party, unless:

any disclosure is necessary and permitted in connection with the receiving party's performance of its obligations or exercise of its rights under this Agreement or any other agreement between the parties;

any disclosure is required by applicable law or court order; provided, that the receiving party uses reasonable efforts to give the disclosing party reasonable advance notice thereof so as to afford the disclosing party an opportunity to intervene and seek an order or other appropriate relief for the protection of its Confidential Information from any unauthorized use or disclosure; or any disclosure is made with the consent of the disclosing party. For the purposes of this Agreement, "Confidential Information" includes, without limitation, the terms of this Agreement (including pricing) and information regarding existing or contemplated service, products, the identities of Advertisers, processes, techniques, or know-how, or any information or data developed pursuant to the performance of the Services. Notwithstanding the foregoing, Publisher agrees that Company may divulge Publisher's Confidential Information to an Advertiser, Company's attorneys, agency, legal or regulatory authority, or any other person or entity relating to investigations, assertions, claims or actions that Publisher or its sub-publisher has violated this Agreement, any other entity's terms or conditions, or any applicable law or regulation.

Non-Solicitation: While an approved Publisher and for one hundred eighty (180) days thereafter, Publisher shall not participate in any performance based advertising relationship with any Advertiser within Company's network for which Publisher undertook services on behalf of Company, unless a previously existing business relationship between Advertiser and Publisher can be demonstrated to the reasonable satisfaction of Company. Because the Company will be irreparably harmed by Publisher's conduct, and because the true extent of such harm will be impossible to quantify, monetary damages will not be an adequate remedy for any such conduct. Publisher agrees that Company shall be entitled to injunctive relief precluding Publisher from taking or continuing any action or conduct in violation of this provision, to be issued by any court of competent jurisdiction upon a showing of any such conduct by Publisher without posting bond or required demonstration of monetary damages. Such injunctive relief is in addition to and not exclusive of all other rights and remedies available to Company. The ability to seek and obtain injunctive relief is a bargained for provision of this Agreement. In addition, both parties agree and acknowledge that if Publisher violates its obligations under this Paragraph 6, in addition to injunctive relieve, Company will be entitled to liquidated damages in the amount of forty-five percent (45%) of the gross revenues resulting from sales conducted by Advertiser through the advertising or marketing efforts of Publisher.

Alleged Violations:

Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high-quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your usage records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

No Warranties:

Company hereby disclaims all WARRANTIES. Company is making the site available “AS IS” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. to the maximum extent permitted by law, company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Company does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted or error-free.

Limited Liability:

Company’s liability to you is limited. to the maximum extent permitted by law, in no event shall company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Affiliated Sites:

Company has no control over, and no liability for any third party websites or materials. Company may, from time to time, work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.

Indemnity:

You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

General:

Entire Agreement. These Terms and Conditions, together with the terms for each of the Programs and the Mandatory Requirements Postings, constitute the entire agreement between the parties and supersede all prior agreements or understandings between the parties. Waiver. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision. Assignment. This Agreement and the rights hereunder are not transferable or assignable without prior written consent of the non-assigning Party; provided, however, that this Agreement may be assigned by either Party (a) to a person or entity who acquires substantially all of that Party's assets, stock or business by sale, merger or otherwise and (b) to an affiliate of either Party. Severability. In the event that any provision of the terms or conditions set for in the Agreement is found by an arbitrator or court having jurisdiction there over invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of the terms and conditions shall remain valid and enforceable. Relationship. The parties agree that Publisher is acting as an independent contractor in performing the Services and that the relationship between the Company and Publisher shall not constitute a partnership, joint venture or agency. Neither Publisher, Sub-Publisher nor their employees or agents: (i) are an employee, agent or legal representative of Company, or (ii) shall have any authority to represent Company or to enter into any contracts or assume any liabilities on behalf of Company. Conversely, Company is not (i) is an employee, agent or legal representative of Publisher, or (ii) shall have any authority to represent Publisher or to enter into any contracts or assume any liabilities on behalf of Publisher. Each party retains all the rights and privileges of sole employer of its own employees, including, without limitation, the right to control, hire, discipline, compensate and terminate such employees. Neither party's employees shall have any right to receive any employee benefits from the other party. No Publicity. Publisher may not make any mention of Company or any Company client in any publicity materials advertising or otherwise presenting information on your company and your services, including without limitation listing Company or any of its clients in your customer lists, without the written consent of Company, whose consent may be withheld for any reason or for no reason. No License. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party. Notice. Any notice, communication or statement required by or relating to this Agreement shall be in writing and deemed effective upon receipt when (i) delivered to Company by verified email to ; or, as the case may be, (ii) delivered to Publisher at either the postal or email addresses provided by Publisher when registering with Company. Publisher shall promptly notify Company of any and all changes to Publisher's postal and email addresses. Complete Agreement. This Agreement combined with any applicable insertion order constitutes the entire agreement of the parties and supersedes any other agreement or understanding written or oral that may have been made or entered into with regard to the subject matter thereof.

Acknowledgement:

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Contact Us:

In order to resolve complaint regarding the site or to receive further information regarding use of the site please contact us at:
SurveyXA 7052 Santa Teresa Blvd #1071
San Jose, CA 95139
United States
hi@SurveyXA.ai -Last Edited on 2023-06-01