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ZETTAMOBILE PARTNER PROGRAM STANDARD TERMS OF SERVICE


The following User Agreement (the "User Agreement") for ZettaMobile, Inc., describes the terms on which you may access and use our services. In order to become a ZettaMobile user, you must read and accept all of the terms and conditions of this User Agreement and the Privacy Policy. In the event of any inconsistency between the ZettaMobile Privacy Policy and this User Agreement, the User Agreement shall control. Nothing in this User Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this User Agreement, you may not use nor access our services.

We reserve the right to modify this User Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the ZettaMobile Service indicates your acceptance of the amended User Agreement.

Definitions
• Customer - Means a user that signs up for a ZettaMobile Account.
• Banner - Means any ad promoting the products and/or services of the Customer.
• Action Page – Means the initial page that appears after clicking the Banner. The Action Page is optimized for the mobile experience and is designed to provide the end users the ability to take the desired actions (e.g, call, directions, destination link).
• Subscription – Means the monthly budget amount to be charged to the Customer’s credit card for use of the ZettaMobile Service.
• ZettaMobile Account - Means the creation of one or more user accounts on the ZettaMobile platform.
• ZettaMobile Network - Means a network of publishers, ad networks and ad exchanges that ZettaMobile uses for the display of Banners.
• ZettaMobile Technology - Means technology that allows ZettaMobile to generate Banners, Action Pages and target users and display to them Banners.
• Customer’s Content - Means images, graphics, text, data, link or other objects supplied by the Customer to ZettaMobile for inclusion in the Banners.
• ZettaMobile Platform - Means the ZettaMobile website and all the tools and capabilities the Customer has access to including, creating, launching, monitoring, pausing and stopping a campaign.

Qualifying for a ZettaMobile Account
ZettaMobile is a hyper-local mobile advertising platform, which utilizes location-based targeting technology to reach potential customers while they are near the business’ location or service area. To qualify for a ZettaMobile Account, your business must have a local emphasis and presence within the United States.

Banner Display
The Customer acknowledges and accepts that the Banners are displayed on websites and mobile applications in accordance with the results of the ZettaMobile Technology and that ZettaMobile has absolute discretion as to where (and how often) the Banners will be displayed within the ZettaMobile Network and that the Banners cbe displayed next to direct or indirect competitors' Banners. ZettaMobile reserves the right to make changes to the ZettaMobile Technology without notice or compensation to the Customer and or for any reason to cease the display of the Banners. ZettaMobile uses best efforts not to display Banners on websites and mobile applications that are of pornographic, defamatory, obscene or illegal nature, and in the event Customer notifies ZettaMobile in writing that the Banners are being displayed on such website or mobile applications, ZettaMobile will promptly remove the Banners.

Ad Banner Guidelines

Prohibited Ads and Content
You may not use the ZettaMobile Service to post ads or link to websites that do the following:
• Violate any local, state, national, or international law or regulation;
• Contain nudity or suggestive content or images;
• Promote adult products, including sex toys and sexual enhancers;
• Promote online gambling
• Promote adult-themed dating, escort services, “mail-order brides,” or similar services;
• Install spyware, trojans, viruses or other malware;
• Incite hatred of any race, religion, creed, class or ethnic group, or of any individual or group;
• Describe, depict, or glorify pain, suffering, torture, violence or death of or against humans or animals;
• Offer to sell or provide design materials for firearms, ammunition, bombs and other weapons;
• Content or materials promoting or containing links related to gambling, online casinos, tobacco or alcohol;
• Sell or promote illegal drugs, drug paraphernalia, or ways to pass a drug test;
• Promote P2P file-sharing, torrent, or anything that facilitates or promotes copyright infringement;
• Contain profanity;
• Promote hacking, cracking, or warez
• Promote any other products, services, or content that are illegal, promote harmful activity, or infringe on the rights of others. This includes sites that provide "how-to" information on bomb-making, lock-picking, and similar topics;
• Are misleading or contain content that is not reflective of what the user will find on the click-through URL;
• Employ phishing techniques or seek to trick the user into providing sensitive information by misrepresenting the identity of the advertiser;
• Mimic system errors or messages;
• Are unbranded

Customer Adjustments, Measurements and Performance
ZettaMobile measures, through its servers, the number of impressions and/or clicks and/or other metrics.Customer may access those statistics on a daily basis. To access these measurements, ZettaMobile grants the Customer access to the ZettaMobile Platform. The Customer chooses its password and ID that are personal and confidential. The Customer is responsible for the use and storage of its password and ID. Any loss or involuntary disclosure must be immediately notified in writing to ZettaMobile.
The ZettaMobile Platform provides the Customer with control to make adjustments to their account and campaigns. Any modifications the Customer makes in setting up, Subscription adjustment, launching, pausing or stopping a campaign are the sole responsibility for the Customer. Any charges or costs that are a result of changes made by the Customer will be included in the Customer's regular bill and/or invoice from ZettaMobile.

Invoicing and Payment
For accounts that have been set up using a credit card, ZettaMobile pre-charges the Customerfor the amount determined or set by the Customer (the Camapaign Budget). Upon the start of a campaign,ZettaMobile will charge the Customer’s credit card for the amount of the Campaign Budget in order to begin the campaign.

Should a Customer choose to pause or cancel one or more campaigns, the balance of funds remaining shall be credited to the account, which may be applied to future campaigns.

Intellectual Property
Neither Party shall acquire any intellectual property right as a result of the Banner display on the supports and each Party remains sole owner of the intellectual property rights it owned prior to the conclusion of the Agreement. ZettaMobile is sole owner of the data collected from the Banner as a result of its Technology. The Customer acknowledges that ZettaMobile has the right to use and disclose data derived from Customer's use of the ZettaMobile Service (i) as part of its business operations, as long as the use/disclosure of the aggregated data do not individually identify the Customer and/or users, (ii) to operate, manage, test, maintain and enhance the ZettaMobile Service, ZettaMobile Technology and other ZettaMobile products, programs and/or services, and (iii) if required by court order or law. For the whole duration of the Agreement, the Customer grants ZettaMobile a worldwide, royalty-free, transferable license to use, reproduce and represent the Customer trademarks and logos, to display, reproduce, represent the Customer Content and any other creative elements of the Banners (i) on all supports of the ZettaMobile Network, (ii) on all documentation promoting the ZettaMobile service. ZettaMobile shall seek prior authorization from the Customer for any press release.

Warranties
ZettaMobile gives no warranty or condition, express or implied, with respect to any matter and, in particular, but without limitation, expressly disclaims any warranties or conditions of non-infringement or the quality or fitness for any particular purpose of the ZettaMobile Technology, the ZettaMobile Network or any service provided under this Agreement. The Customer warrants and represents to ZettaMobile that: (i) is at least 18 years of age; (ii) it has the right, power and authority to enter into this agreement and perform its obligations as set out herein; (iii) it has the right to provide the Customer Content of the Banner to ZettaMobile for publication, without infringing any rights of any third party including, without limitation, intellectual property rights; (iv) the Customer Content complies with theZettaMobile Ad Banner Guidelines and the Interactive Advertising Bureau Guidelines Standards & Best Practices and all other applicable law, guidelines and industry codes of practice and any other regulations or statutes which may apply; (v) the Customer Content complies at all times with all applicable laws, statutes, statutory instruments, contracts, or regulations, advertising and marketing codes of practice in any of the jurisdictions where the banner is displayed; (vi) the Customer Content does not give access via hyperlinks to any website containing material that is obscene, defamatory or contrary to any applicable law or regulation; The Customer shall defend, indemnify, and hold ZettaMobile harmless from and against any suit, proceeding, assertions, damage (direct or indirect), cost, liability, and expenses (including court costs and legal fees), incurred as a result of any breach of this clause or of any claim which if true would be a breach of clause.

Liability
ZettaMobile shall not be liable for any special, indirect, incidental, consequential, punitive or exemplary damages in connection with this Agreement, even if the Customer has been advised of the possibility of such damages. ZettaMobile shall have no liability, for any failure or delay resulting from any event beyond the reasonable control of ZettaMobile including without limitation fire, flood, insurrection, war, terrorism, earthquake, power failure, riot, explosion, embargo. To the maximum extent permitted by the law, ZettaMobile's liability under these Terms, for whatever cause, whether in contract or in tort, or otherwise, will be limited to general money damages and shall not exceed the amount corresponding to the last month invoiced to the Customer.

Term and Termination
This Agreement shall apply as from the date of the creation of aZettaMobile Account and shall expire upon the cancellation of the Customer’sZettaMobile account either at the Customer’s request or by ZettaMobile The Customer may terminate the agreement with immediate effect by written notice to ZettaMobile: (i) if the other commits a material breach of any of its obligations under this agreement and in the case of a remediable breach, fails to remedy it within seven (7) days of the date of receipt of notice from the other specifying the breach and requiring it to be remedied; or (ii) on the occurrence of a Force Majeure Event that has continued for a minimum period of two months. ZettaMobile reserves the right to terminate the agreement with immediate effect at any time and for any reason. Expiration or termination (for any reason) of this Agreement shall not affect any accrued rights or liabilities, which either party may then have nor shall it affect any clause which is expressly or by implication intended to continue in force after expiration or termination.

Confidentiality
Each party undertakes that it will not at any time hereafter divulge or communicate to any person, except its professional representatives or advisers or as may be required by law or any legal or regulatory authority, the terms and conditions of his contract or any confidential information concerning the business.

No Assignment
The Customer shall not without ZettaMobile's prior written consent assign at law or in equity, sub-license or deal in any other manner with this contract or any rights under this contract, or sub-contract any or all of its obligations under this contract or purport to do any of the same.

Governing Law
This User Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict of laws principles.

Miscellaneous
This Agreement may be amended only by a written agreement executed by an authorized representative of each party.The parties acknowledge and accept that electronic format shall be deemed an acceptable means of communication for the execution of a Subscription and/or sending of an Insertion Order or to modify the terms of an Insertion Order including its renewal.

This Agreement constitutes the complete and entire agreement between the parties and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the parties.

If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall no effect the other provisions of this agreement which shall remain in full force an effect.

In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this agreement or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.

General Information
ZettaMobile, ZettaMobile.com, the ZettaMobile logo, and other ZettaMobile logos and names are trademarks of ZettaMobile, Inc. You agree not to display or use these trademarks in any manner without ZettaMobile's prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of this User Agreement via the Contact Us link on the ZettaMobile Website and Platform or in writing to:

ZettaMobile, Inc.
Attn: User Agreement Issues
53 Boerum Place, 2F,
Brooklyn, NY 11201

Entire Agreement
This User Agreement constitutes the entire agreement between you and ZettaMobile and governs your use of the ZettaMobile Service, superseding any prior agreements between you and ZettaMobile.

See our Privacy Policy for related information.
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TERMS OF SERVICE | PRIVACY POLICY