We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.
Minors under the age of 18 must not provide any personal information, including their email address. If rexppc.com is notofied it has personal information about a minor under the age of 18, that information will be promptly deleted.
Service is the rexppc.com website and advertising network operated by Rex RTB Limited.
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small pieces of data stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
User (Data Subject)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected:
While using our Service, we may collect certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information we collect includes:
as well as other similar information like Browser, Network, and Device Information
We also collect information when you use our Services relating to your web site browser, network, device, and other similar information. This information is collected to ensure you have a consistent experience when using our Services, to ensure our content is displayed properly, and to improve the overall quality of our Services. If we serve ads, this information is also used to ensure advertisements are properly displayed to you. Personal information collected related to your browser, network, and device information, includes:
Retention of Data
rexppc.com will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, rexppc.com may be required to disclose your Personal Data if required to do so by law, or in response to valid requests by public authorities (e.g. a court or a government agency).
If you want to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
We may use third-party Service Providers to monitor and analyze the use of our Service.
PPC Advertising Agreement
As used in this Agreement, “we”, “us”, and “our” refers to demand partner. “you”, and “your” refers to supply partner.
As used in this Agreement, the following terms shall have the meanings ascribed (unless otherwise expressly provided herein):
(a) “Advertiser” means the advertisers displayed in our XML Feed.
(b) “Affiliate” means you; a promoter of the XML Feed and participant in the Program.
(c) “Affiliate Site” means your web site containing our XML Feed either as a text link or served by a form on your site where a user enters a search query in order to receive our XML Feed (a “Search Box”).
(f) “Click-Through” means the action of a human user clicking on a hypertext link contained in the XML Feed.
(g) “Content” means any data, images, text, or other information obtained by you from us or the rexppc.com System in connection with this Agreement, including the XML Feed. Only certain Content on the rexppc.com Site is Content that our Affiliates may use. Unless clearly indicated as Content that is available for use by you as an Affiliate, the Content on the rexppc.com Site should not be copied or otherwise used by you.
(h) “Net Revenue” means the amount of revenue recognized by us for Qualifying Traffic, less (i) amounts attributable to Collection Risk and Distribution Costs, and less (ii) any refunds paid to Advertisers by us; plus, or minus any Traffic Quality Adjustment, as applicable. “Collection Risk and Distribution Costs” shall mean those costs associated with collection of revenue, including fees for credit card charges, charge backs, bad debts, invoice and traffic adjustments. “Traffic Quality Adjustment” shall mean any additions or deductions, as applicable, associated with the quality of traffic delivered by you, as determined by us.
(i) “Qualifying Traffic” or “Qualifying User” means unique human visitors who intentionally browse to our Advertisers through our rexppc.com System from your Affiliate Site by clicking on an html hyperlink contained in the XML Feed. Qualifying Traffic shall not mean traffic that originates when you:
If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any fees otherwise payable to you under this Agreement and/or terminate this Agreement.
“Non-qualifying Traffic” means, but is not limited to, Click-Throughs that result from any or all actions that:
“XML Feed” means advertisements from our Advertisers provided to an Affiliate via an HTML or XML data feed for future display on an Affiliate Site.
Enrollment in the Program and Affiliate Conduct.
To begin the enrollment process, you will submit a completed Program application via the rexppc.com System. We will evaluate your application in good faith and will notify you of its acceptance or rejection.
If you are accepted for the Program, we may later terminate this Agreement if we determine (in our sole discretion) that your Affiliate Site is unsuitable for the Program (an “Unsuitable Affiliate Site” or “Unsuitable Affiliate Sites”). Unsuitable Affiliate Sites include, but are not limited to, those that:
By participating in the Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to the Program at any time.
Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law. Minors are not allowed to participate in the Program.
Your Affiliate Site.
In the event you are notified by us that you have been accepted into the Program, we will grant you a revocable, non-exclusive, worldwide license for the duration of the term of this Agreement, to operate an Affiliate Site that send traffic to the XML Feed.
You agree to display the XML Feed in its original format as provided to you by us without alteration including without limitation any alterations to the order of data in the XML Feed or to the data contained in the XML Feed such as the title, description and URL. You may, however, choose to hide bid price.
You must display our XML Feed in the same size and manner as it is provided to you, unless you receive our prior permission to display the XML Feed otherwise.
You may not perform test queries on the XML Feed or otherwise use the XML Feed for any purpose except display on your Affiliate Site. This includes, without limitation, using the XML Feed to gather information such as trends or data about us or our Advertisers or "caching" our XML Feed.
You may not send traffic to the XML Feed from unapproved sources including, without limitation unsolicited e-mail, spyware, or other methods of generating invalid Click-Throughs. Further, you may not display our XML Feed in a "pop-up" window, unless the window is opened in direct response to a valid query from a user.
You will not utilize any means which would prevent a user's Internet browser from passing the referring URL or other information about the Click-Through to us.
Payments shall be made by REX RTB Limited in accordance with Section 7.
Unless otherwise noted, all payments shall be made in US Dollars.
You will issue invoices to rexppc.com each month based on rexppc.com reported delivery data and rexppc.com agrees to pay you invoices within forty five (45) days of receipt. All invoices shall be based on rexppc.com reporting, provided, however, that the parties will use commercially reasonable efforts to resolve any discrepancy exceeding ten (10) percent between rexppc.com reporting and your reporting during the applicable payment period. rexppc.com grants you an access to its reported delivery data providing you with the dashboard login details as well as API statistics. The statistics in rexppc.com dashboard is always up-to-date and valid.
Limited License to Use Content.
If we accept your Program application, we may grant you a nonexclusive, revocable license to use the Content including the XML Feed and such other text or images for which we grant express permission, provided you comply with all terms of this Agreement. Unless we indicate on the rexppc.com Site that Content is available for your use as an Affiliate, the information on our Site should not be copied or otherwise used by you.
Furthermore, as a condition of this nonexclusive, revocable license, you must display any intellectual property notices accompanying our graphic images and text including notices of copyright and trademark where applicable. We reserve all rights in the graphic image and text, any other Content, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time.
Relationship of the Parties.
You are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. Our written use of word “partner” in this Agreement and in any other agreement between us is not meant to and therefore shall not imply legal partnership. You shall have no authority to make or accept any offers or representations on our behalf. You agree not make any statement, whether on your Affiliate Site or otherwise, contrary to this Section 9.
Reservation of Rights.
We reserve all rights not granted in this Agreement. You agree to use your best efforts to prevent and protect the rexppc.com Site from unauthorized disclosure or use.
DISCLAIMER OF WARRANTY.
YOU UNDERSTAND AND AGREE THAT THE rexppc.com SITE, THE PROGRAM AND ANY INFORMATION PROVIDED THEREBY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE rexppc.com SITE, THE PROGRAM AND ANY INFORMATION PROVIDED THEREBY IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, rexppc.com AND ITS AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER rexppc.com NOR ANY OF ITS AFFILIATED COMPANIES, NOR ANY OF ITS OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE rexppc.com SITE, THE PROGRAM AND ANY INFORMATION PROVIDED THEREBY, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS OR INFORMATION WILL BE CORRECTED, OR WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE rexppc.com SITE, THE PROGRAM AND ANY INFORMATION PROVIDED THEREBY; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT SOFTWARE IS NON-INFRINGING. rexppc.com AND ITS AFFILIATED COMPANIES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE rexppc.com AND ITS AFFILIATED COMPANIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH YOUR USE OF THE rexppc.com SITE, THE PROGRAM AND ANY INFORMATION PROVIDED THEREBY, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF rexppc.com OR ITS AFFILIATED COMPANIES.
YOU ACKNOWLEDGE AND AGREE THAT THE rexppc.com SITE, THE PROGRAM AND ANY INFORMATION PROVIDED THEREBY, IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE rexppc.com SITE, THE PROGRAM AND ANY INFORMATION PROVIDED THEREBY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION
LIMITATION OF LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
Term of This Agreement.
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your Affiliate site, all links to the rexppc.com Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn fees only on Click-Throughs of Qualifying Traffic that occur during the term, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. We have the right to retain any Percentage Fee Payments or any other sums earned by you and/or held by us after termination.
We may terminate this Agreement if we believe, in our sole discretion, that you have violated any provision of this Agreement and/or for any other reason as we may determine in our sole discretion, with or without cause, by providing you with written notice of our election to terminate. We may effect notice of such termination through any means, including but not limited to posting such notice on the rexppc.com Site or otherwise publicly proclaiming such termination. Your rights under this Agreement terminate automatically if you fail to comply with any of the terms and conditions of this Agreement. No notice to you is required to effectuate such termination.
You may terminate this Agreement at any time by providing us written notice of your election to terminate.
No Reverse Engineering.
No reverse engineering or decompiling of the rexppc.com System is authorized or permitted. Furthermore, you may not build, develop, or otherwise cause to be created any system that is competitive to the rexppc.com System.
You agree to hold harmless, defend, and indemnify rexppc.com and any of our affiliated companies, officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorneys' fees, that are due to, or that arise from your use or misuse of the Program or any of its components set forth in this Agreement or any other agreement between us, or for infringement by you of intellectual property rights or other right of any third party. We may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with us in such event.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
No Guarantee of Profits or Income.
You agree, understand and acknowledge that rexppc.com, its affiliates, partners, related entities, agents, officers, directors, shareholders, employees, and/or accountants have made no representation of any nature whatsoever regarding profits, income, or money which you may obtain or generate from the Program and/or from entering into this Agreement and/or from marketing and/or promoting your Affiliate Site. Any expression by us in this regard is an expression of opinion only and you agree, understand and acknowledge that you have not been induced and/or persuaded thereby to enter into this Agreement and that you have entered into this Agreement on your own free will and choice, without any force or duress, and only after thorough, complete, full, and thoughtful investigation.
All written notices to rexppc.com shall be delivered by e-mail to firstname.lastname@example.org. rexppc.com may provide you notices of changes to this Agreement or any other matter by displaying notices to you generally on the rexppc.com Site. rexppc.com may change its addresses (e-mail or mailing) by displaying such changes on the rexppc.com Site. All notices not sent by e-mail shall be in writing and delivered by either overnight courier or certified mail, return receipt requested.
We may disclose to you or you may access certain information as a result of your participation in the Program, use of the rexppc.com Site and use of the rexppc.com System which information we consider to be confidential (herein referred to as “Confidential Information”). For purpose of this Agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to the terms and provisions of the Program made specifically for your site and not generally available to other members of the Program, website, business and financial information relating to rexppc.com and its affiliated companies. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person’s use of the information.
Digital Millennium Copyright Act.
If you aware of any infringing content or other material on the rexppc.com Site, please notify us. rexppc.com responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. To file a notice of infringement with rexppc.com (an "Infringement Notice"), you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below.
To expedite our ability to process an Infringement Notice, please provide the following information:
Sign the Infringement Notice and send the written communication to rexppc.com.
This Agreement constitutes the complete and exclusive agreement between you and rexppc.com and supersedes any other oral or written communications between the parties regarding the subject matter herein. Any rights not expressly granted herein are reserved.
If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
(c) Jurisdiction and Binding Arbitration.
This Agreement shall exclusively be governed and construed in all respects in accordance with the laws of the Hong Kong. By applying and/or participating in the rexppc.com system, you agree to confidential binding arbitration for any disputes or claims that arise against rexppc.com or any of its affiliated companies. An arbitration firm selected by rexppc.com will be the sole and final arbitrator for any and all disputes or claims related or resulting from your participation in the Program. All decisions rendered in such arbitration will be final. You are also responsible for any and all costs related to such arbitration. The arbitration proceedings and any information related to them shall be Confidential Information as defined in this Agreement.