THIS ADVERTISING AGREEMENT (the "Agreement") is entered into by and between Multiple Stream Media, LLC. ("msmedianetwork.com") and the applying party submitting the application for Advertiser status (the "Advertiser"), also referred to herein jointly as the parties ("Parties", each a "Party"). This Agreement supersedes any and all prior agreements between the Parties, whether written, oral, express, or implied. By signing up as a Advertiser at msmedianetwork.com, Advertiser agrees to abide by and indicates acceptance of the terms and conditions and privacy policy contained in this Agreement.

The Parties agree to be legally bound as follows: 

1. Definitions.

1.1. "User" means any person using the Internet. 

1.2. "Action" means a User's completion of an action requested by the Advertiser. This includes, but is not limited to, a sale, a click, a lead and an impression (viewing of an advertisement). 

1.3. "Campaign" means the product or service for which Actions are being provided to the Advertiser by the Network.

1.4. "Ad" means the advertisement in the form of graphic or text supplied to msmedianetwork.com for inclusion in the Network and to be made available for Affiliate Publisher use when promoting Advertiser’s Campaign(s). 

1.5. “Affiliate Publisher” means a third party using the Network to display Ads on behalf of the Advertiser.

1.6. “Relationship” means the agreement given by the Advertiser to an Affiliate Publisher to run the Advertiser’s Campaign Ads.

1.7. “Account” represents the whole of the Advertiser’s Campaigns, Relationships and fund balance in the Network.

1.8. "Network" means the advertising network operated by msmedianetwork.com, which is made up of Affiliate Publishers, Advertisers, Account and Relationships.



2. Advertiser Requirements. 

2.1. Advertiser websites must not be associated with or contain any illegal activity, or pornographic, obscene, racist, or hateful content, or deceptive advertising, piracy, libelous or defamatory statements.

2.2. Advertiser websites must not contain any mechanisms that could be downloaded on to a User’s computer without the User’s explicit knowledge and consent.

2.3. Advertiser websites and advertising activity must be compliant with all relevant laws, including but not limited to the Can-Spam act of 2003.

2.4. Advertiser must establish and maintain Relationships with Affiliate Publishers through the Network. It is explicitly prohibited for Advertisers to recruit Affiliate Publishers to any Affiliate Publisher program they operate outside of the Network.

2.5. Advertisers must allow msmedianetwork.com to send them e-mail. 

2.6. In its sole discretion, if at any time msmedianetwork.com deems the Advertiser’s website is contrary to the terms set out in the Agreement, the Advertiser shall be terminated from the Network without notice and msmedianetwork.com shall refund any unused portion of the Advertiser’s fund balance.



3. Advertising Services and Warranties.

3.1. Advertiser hereby grants to msmedianetwork.com and its Affiliate Publishers a non-exclusive, limited, revocable license to market, display, copy, transmit, and promote the Ad in connection with its obligations hereunder.

3.2. msmedianetwork.com's sole obligation to the Advertiser under this Agreement with respect to Ads shall be to provide such Ads for placement on the Network for use by Affiliate Publishers. The advertising services provided by msmedianetwork.com are provided "as is". msmedianetwork.com and its Affiliate Publishers makes no warranties, guarantees, promises, or estimates, expressed or implied, oral, written or otherwise except as specifically set forth herein, AND does not guarantee Campaign performance on the Network, including but not limited to click to Action conversion rates, response rates or conversion rates from Action to sale.

3.3. Each Party acknowledges that the other Party makes no representations, warranties, or agreements related to the subject matter hereof that are not expressly provided for in this Agreement.



4. Can-Spam Compliance.

4.1. Advertiser agrees that they've had the opportunity to review the msmedianetwork.com Affiliate Publisher agreement located at http://www.msmedianetwork.com.com/publisher_terms.html  and that they're satisfied msmedianetwork.com makes all reasonable efforts to ensure its Affiliate Publishers are Can-Spam compliant.



5. Reporting, Fees and Payments.

5.1. Advertiser shall report Actions to msmedianetwork.com in real-time using tracking pixels. 

5.2. Each Action reported shall cause the Advertiser’s Account balance to be decreased by the total commission amount for the Action. The total commission amount shall be calculated as the Campaign commission rate plus msmedianetwork.com’s Network commission rate. 

5.3. msmedianetwork.com’s current Network commission rate is the higher of 25% of the Campaign commission rate, or 25 cents. msmedianetwork.com’s Network commission rate can change without notice.

5.4. Advertiser shall report any Action reversals within thirty (30) days of the date the Action was initially reported or such Actions are deemed accepted and can no longer be reversed by the Advertiser. 

5.5. Each Action reversed shall cause the Advertiser’s Account balance to be increased by the total commission amount for the Action that was charged when the Action was initially reported.

5.6. A Advertiser’s Account balance shall be decreased by $500 as a setup fee when their first Campaign becomes active on the Network. This amount can change without notice.

5.7. A Advertiser’s Account balance shall be decreased by $99 as a setup fee when their second and subsequent Campaigns become active on the Network. This amount can change without notice.


5.8. Advertiser agrees to maintain a minimum balance at all times in their msmedianetwork.com Account. This minimum balance is currently set to $250.00 but can change with notice. 

5.9. In the event a Advertiser’s Account balance drops below zero, his Account is deactivated and Affiliate Publisher traffic to Advertiser’s website will no longer resolve until his Account balance is above zero again. Deactivation of account could include but is not limited to: restricting access to Advertiser Account, notifying Affiliate Publishers of Advertisers deactivated status and halting the tracking and reporting of any follow-on leads and/or sales.

5.10. Affiliate Publishers receive notice when a Advertiser Account balance drops below the minimum level, and again when the Account balance drops below zero.



6. Indemnification and Limitation of Liability. 

6.1. Each party hereto agrees to indemnify and hold harmless the other party and each if its agents, officers, directors and employees against all liability to third parties resulting from the acts or failure to act of such indemnifying party, or any of its customers or users.

6.2. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR COSTS, DIRECT OR INDIRECT, (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM Advertiser PARTICIPATION IN msmedianetwork.com’S NETWORK. msmedianetwork.com SHALL NOT IN ANY EVENT BE LIABLE TO Advertiser FOR MORE THAN THE AMOUNT PAID TO msmedianetwork.com BY Advertiser FOR SERVICES RENDERED HEREUNDER. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST msmedianetwork.com MORE THAN ONE YEAR AFTER THE DATE OF SERVICE. 

6.3. Each Party will make reasonable commercial efforts to keep its Web site operational 24 hours per day, 7 days per week. However, the Parties agree that it is normal to have a certain amount of system downtime and agree not to hold each other liable for any of the consequences of such interruptions. Downtime as used in this clause includes downtime as a result of software or hardware failure, internet service interruption and/or system upgrades, but explicitly excludes downtime as a result of campaign deactivation due to a Advertiser Account balance that drops below zero. msmedianetwork.com may modify or suspend the Network operation at any time.



7. Changes to Service. 

7.1. msmedianetwork.com reserves the right to change, modify, add or remove portions of this Agreement at any time. msmedianetwork.com will notify Advertiser via email of any changes, or through a public post on the msmedianetwork.com website. The Advertiser can either agree to such changes or withdraw their account from the Network.



8. Force Majeure. 

8.1. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, terrorism, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within three (3) business days of such event or occurrence. 



9. Remedies. 

9.1. msmedianetwork.com reserves the right to take appropriate legal action to cover its damages and reasonable court costs against any Advertiser that violates the terms of this Agreement, or commits fraudulent activity against msmedianetwork.com. Except as otherwise specified, the rights and remedies granted to a Party under the Agreement are cumulative and in addition to, not in lieu of, any other rights and remedies which the Party may possess at law or in equity. 



10. Governing Law. 

10.1. The rights and obligations of the parties under this Agreement shall be governed by and construed under the laws of the New York Sate 

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Contacting the Web Site
If you have any questions about this Advertising statement, the practices of this site, or your dealings with this Web site, you can contact:

Multiple Stream Media LLC
603 Old Stage Road, Main Bldg.
Saugerties, NY 12477

Tel: (845) 247 2565 
(845) 247 2567
Fax: (845) 247 2569