PPC Agency Guide promises to supply you (the “Advertiser”) with advertising-related services, subject to your compliance with the terms and conditions specified below. Advertiser agrees to be bound by these terms and conditions by using PPC Agency Guide, both for current services and any additional services. This agreement includes all terms and conditions (collectively the “Agreement”). We use the term “Advertiser” herein to refer to you. This could be you using our services or you acting as an agent for the Advertiser. You represent that you have the legal authority to legally bind any Advertiser you convey, and you and the Advertiser whom you are representing are equally bound, as though you had each consented separately to the Agreement.
Personal Information. Advertiser agrees to the Terms and Conditions. Advertiser agrees to receive marketing information about PPC Agency Guide announcements, promotions, or offers to offer additional, third-party, or enhanced services (“Marketing messages/upsells”).
Advertiser may accept these Terms and Conditions or not. However, any personally identifiable information that Advertiser provides shall be subject to the privacy policies of PPC Agency Guide, which can be viewed on the Privacy Policy page.
Once Advertiser has provided its contact information to PPC Agency Guide, Advertiser will continue to receive marketing messages from PPC Agency Guide unless Advertiser affirmatively rejects within thirty (30) days.
All requests to opt-out pursuant to this section will take a reasonable time to be processed by PPC Agency Guide. Advertiser may still receive messages during the processing period.
Modification. Advertiser acknowledges that PPC Agency Guide can modify its standard terms, conditions, and service offerings at any time.
Access. Advertiser consents to allow PPC Agency Guide access to their websites and/or advertising account in order for PPC Agency Guide to provide its services. Advertiser cannot monitor or copy the website of PPC Agency Guide, or any content therein, except as expressly provided by PPC Agency Guide.
Latency. Advertiser understands the PPC Agency Guide systems, network of third-party partners, and search engines may delay the processing of any data or information that Advertiser provides to them.
Ownership of other property. PPC Agency Guide shall retain all rights and title to the Advertising Services. This includes any and all ideas and concepts as well as computer programs and computer programs that support or otherwise relate to PPC Agency Guide’s operations. Advertiser acknowledges it has not acquired any ownership rights in the PPC Agency Guide Materials. This Agreement will not allow for any acquisition of ownership.
Advertiser’s website. The Advertiser acknowledges that PPC Agency Guide and its Promotional Partners are not responsible for the design, maintenance, and operation of the Advertiser’s website(s), or any content or other materials, as well as for all orders that are placed on Advertiser(s)’ website(s). Advertiser also warrants that it will not place on its website any PPC Agency Guide, Promotional Partner or licensed content. This includes, but is not limited to, any PPC Agency Guide search listing.
Advertiser countermarks. Advertiser agrees to perform the following:
- Advertiser will not hold PPC Agency Guide, its affiliates or Promotional Partners, or their affiliates, liable for any activities of visitors who visit Advertiser’s website(s).
- Advertiser may be referred to the Advertising Services through a PPC Agency Guide partnership promotion. Promotional Partners will also benefit from these terms and conditions.
- For a period not exceeding one year after the end of the term, the Advertiser will not (a) solicit employment for any employee or independent contractor, (b) encourage or advise any employee or independent contractor to leave PPC Agency Guide, or (c) knowingly interfere with or attempt to interfere in the employment relationship between PPC Agency Guide or any other independent contractor providing services to PPC Agency Guide. This Advertiser Covenant does not apply to general solicitations of employment, such as job boards and general advertisements, or any employment relationship that is established by responding to general solicitations.
Advertiser’s indemnification obligations. Advertiser agrees that it will defend and hold harmless PPC Agency Guide and its affiliates and partners, including Promotional Partners, as well as their respective licensees and licensors, and affiliated companies (collectively, the “Indemnified Party”) from any claims, actions, or losses (including, without limitation, reasonable attorneys’ fees). Advertiser will be notified by the Indemnified Party of any claim, action, or demand for indemnity.
Limitation of liability and warranty disclaimer. Advertiser acknowledges that it will not hold PPC Agency Guide or its Promotional Partners responsible for any errors, omissions, or consequences. This includes costs, reimbursements, damages, costs, penalties, costs, rebates, or any other kind of losses arising from an interruption in service or any other unavailability of the Internet. Advertiser will provide PPC Agency Guide with timely notice and give PPC Agency Guide a reasonable opportunity to correct any errors or omissions.
PPC Agency Guide makes no representations or warranties regarding the results of Advertising Services. This includes, without limitation, the number of impressions and click-throughs as well as the promotional effects or return on investment. PPC Agency Guide relies on third-party data providers for certain data. PPC Agency Guide makes no guarantees about the accuracy, reliability, or completeness of such data, including usage statistics.
PPC Agency Guide and its Promotional Partners, if applicable, will not be held responsible for any consequential, special or lost profits or other damages arising from this Agreement. Without limiting the above, neither party shall be liable for any failure or delay due to any condition beyond its reasonable control, including, but not limited to governmental actions, fire, floods, earthquakes, power loss, labor shortage, carrier interruption, work slowdown, and riot.
Additional assistance. In the event the Advertiser requests, or purchases, any additional assistance, then Advertiser agrees that PPC Agency Guide will have access to the additional assistance requested or purchased. Advertiser agrees to accept that PPC Agency Guide may provide additional assistance.
Headings. Section headings should not be considered part of this Agreement. They are not meant to provide a complete and accurate description of the contents.
Waiver. A waiver by either party of a breach of any provision in this Agreement by the other is not valid or construed to be a continuing waiver. Either party to this Agreement may not waive any breach or default.
The entire understanding. This document and any other documents, understandings, or agreements incorporated herein and any exhibits, schedules, or other supplementary documents attached hereto constitute the complete understanding and agreement between the parties. All prior agreements, understandings, and representations are hereby cancelled and terminated in their entirety.
Attorney’s fee. If a dispute occurs between the parties, the prevailing party, regardless of whether a final decision has been made by the court, will be entitled to have its attorneys’ fees refunded from the non-prevailing side.
Governing law and jurisdiction. These terms are regulated by the laws of Ontario, Canada, and any legal matters arising from this agreement will be exclusively handled within the jurisdiction of Ontario’s courts.
Dispute resolution. Disputes under these terms will be resolved through binding arbitration in Ontario, Canada, in accordance with the Arbitration Act. If unresolved, the matter may proceed to Ontario courts.
No third-party benefits. This Agreement contains no covenants, undertakings, or agreements. They are only for the benefit and enforcement of the Parties and, where indicated, Promotional Partner or their respective successors and permitted assigns.
Survival. The sections of the Agreement that deal with or govern situations or matters that may arise after termination of the Agreement shall survive such termination.
Termination clause. PPC Agency Guide maintains the right to restrict or end access to its services without notice, at its sole discretion, particularly in cases of non-compliance with these terms.
Severability. If any clause, term, or provision in this Agreement is held to be unenforceable or disfavored by law or public policy, the Agreement will be deemed null and void. The remaining provisions of the Agreement shall continue in full force and effectiveness and shall be applied in a way that most closely reflects the original intent of both parties.
Contact Us
If you need any assistance or have any questions pertaining to our Terms of Service Agreement, feel free to contact us at privacy (at) ppcagencyguide.com.
