Publishers

Experience the Femtocore difference.
Highest quality publisher & affiliate network dedicated to your success.
Femtocore is a performance-based affiliate network aimed at offering a better solution to internet publishers / affiliates. Why look all over for a solution that carries the type of campaign you need at the payout you deserve? Femtocore strives to earn your business with our competitive rates, excellent customer service, and a vast campaign selection.
With years of experience, your dedicated team of representatives will work diligently with you to ensure you earn the best return possible, no matter your traffic type. Our representatives will maintain a positive relationship aimed at remaining your best solution.
Femtocore offers various accelerated payment options to ensure quick payments for all publishers. For example, Femtocore offers Direct Deposit, Wire, and checks at several intervals. With volume and quality, we will work to pay you faster and faster as you grow, with a maximum of weekly payouts!
Let Femtocore be your industry partner. We will always treat our publishers with the expected professionalism and dedicated respect you deserve. To signup please follow the link located to the left of this passage, or contact us for an informal briefing of our services.
Femtocore is growing all the time and is looking for quality publishers, like yourself to grow with us. Some of the most important features of our program are as follows:
Variety of Offers — Femtocore offers a huge variety of campaigns to promote. Including exclusives and top performing campaigns. If we don't have an offer you need, just let us know and we will get it at the best payouts.
Accurate Tracking System — With our real-time tracking interface, Femtocore tracks and reports all information accurately, we can even place your specific tracking pixel on our offers.
Super Affiliate Bonus — Femtocore offers all publishers a 5% bonus for life on all referrals. Refer your friends and fellow webmasters and earn an even better return.
Dedicated Service — Femtocore affiliate managers are around 24 hours a day 7 days a week to assist their publishers with any account related issues. Note: Affiliate Managers are available after-hours for important issues only.
Personal & company information

First Name *
Last Name *
Company *
Address *
Address 2
City *
Country *
State *
Zip/Postcode *
Phone *
Fax
Website
Email Address *
Password *
What IM service do you use?
IM Screen Name
How did you hear about us? *
Referral ID
What methods do you currently use to promote offers? *
What primary industry do you currently promote?
What secondary industry do you currently promote?
Comments
Payment information

Social Security Number *
Make Payment To *
What is your tax class?
What is your payment model?
PUBLISHERS AGREEMENT
						PUBLISHERS AGREEMENT
THIS PUBLISHERS AGREEMENT (the "Agreement"), together with any and all applicable Acceptable Use Policies ("AUP"), entered into by and between Femtocore LLC, its affiliates and subsidiaries including, but not limited to, www.femtocore.com (collectively "Femtocore LLC") and Publisher, sets forth the terms and conditions which shall govern the relationship between Femtocore offers and Publisher. Publisher and Femtocore LLC may be referred to herein individually as a "Party" and collectively as the "Parties."

Background
WHEREAS, the Femtocore LLC and its Advertisers provide opportunities for Publisher to participate in advertising campaigns through which Publisher may earn Bounties;

WHEREAS, Publisher desires to participate in advertising campaigns and use the Services offered by Femtocore LLC and its Advertisers in order to earn Bounties; and

WHEREAS, this Agreement and any and all Program Terms shall be made available on the Site.

NOW THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound hereby, agree to the following:

Terms and Conditions

   1. Definitions.

      "Action" shall mean any transaction specified by Femtocore LLC as a transaction through which Publisher may earn Bounties, including but not limited to, clicks, click-throughs, sales, registrations, impressions and leads.

      "Advertiser" shall mean any third party advertiser that provides services to Publisher on behalf of or in connection with Femtocore LLC.

      "Bounty" or "Bounties" shall mean any payment opportunity earned by Publisher through participation in various advertising campaigns offered by Femtocore LLC or Advertisers.

      "Chargeback" shall mean the reversal of a prior outbound transfer of monies in connection with a Bounty from Publisher's account as a result of Publisher's failure to comply with this Agreement or applicable Program Terms.

      "Creatives" shall mean any offer or associated creatives available on the Site in connection with the Programs

      "Confidential Information" shall mean any information disclosed to Publisher by Femtocore LLC, either directly or indirectly, in writing, orally or by inspection of tangible objects, other than information that Publisher can establish: (a) was publicly known and made generally available in the public domain prior to the time of disclosure to Publisher by Femtocore LLC; (b) becomes publicly known and made generally available after disclosure to Publisher by Femtocore LLC other than through Publisher's action or inaction; and/or (c) is in Publisher's possession, without confidentiality restrictions, at the time of disclosure by Femtocore LLC as shown by Publisher's files and records prior to the time of disclosure. "Customer Information" shall mean any and all information submitted by end-user customers in connection with a Program.

      "Intellectual Property Content" shall mean the Creatives, and any and all associated trademarks, service marks, tradenames and/or copyrighted material provided or owned by Femtocore LLC or Advertisers.

      "Privacy Policy" shall mean a policy conspicuously linked from Publisher's Website, containing explicit language indicating its presence, disclosing the Publisher's privacy practices, collection and use of any information Publisher collects, provides or may provide to Femtocore LLC and to any Advertiser or other websites or persons with which Publisher has an arrangement relating thereto.

      "Program" shall mean any advertising campaign offered through the Site by Femtocore LLC or Advertisers.

      "Program Terms" shall mean the terms and conditions of any and all Programs.

      "Program Data" shall mean any and all data relating to Programs compiled by Femtocore LLC including, but not limited to, numbers and calculations regarding Actions and associated Bounties.

      "Publisher" shall mean any individual, company or entity and, without limitation, any parent entities, owners, subsidiaries, publishers, predecessor or successor entities, and any agents, officers, directors or employees acting on behalf of same, registered with Femtocore LLC to use the Services.

      "Publisher Email" shall mean any email sent by Publisher to those email addresses listed in Publisher's distribution list, database and/or any other database affiliated with, owned, operated and/or controlled by the Publisher.

      "Publisher's Email List" shall mean any email list owned or managed solely by Publisher.

      "Publisher's Website" shall mean any website published with, owned, operated and/or controlled by Publisher.

      "Services" shall mean the advertising services, products and any other services offered through the Site.

      "Site" shall mean the website located at www.femtocore.com and its affiliated sites.

      "Sub-Publisher" shall mean any of Publisher's business partners or associates that participate in or perform any activities on behalf of Publisher.

      "Tags" shall mean site integration tags and tracking pixels.


   2. Femtocore LLC.

         1. Publisher agrees to use the Site and Services in accordance with this Agreement. Femtocore LLC reserves the right to make changes to the Site, Services and this Agreement at any time and without prior notice to Publisher. Publisher's continued use of the Site and/or the Services after any such modification of the Agreement shall constitute Publisher's consent to such modification. Publisher should regularly check the Site for updates and/or changes. If Publisher does not agree to the Agreement in its entirety, Publisher is not authorized to: (a) register as a Publisher; (b) use the Services; or (c) use the Site, in any manner or form whatsoever.

         2. Publisher acknowledges and agrees that on occasion the Services and/or Femtocore LLC may be inaccessible, unavailable or inoperable for any reason, including, but not limited to, the following:

               1. equipment malfunctions;

               2. periodic maintenance procedures or repairs; or

               3. causes which are beyond the control of Femtocore LLC or not reasonably foreseeable by Femtocore LLC including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, the unavailability, operation, or inaccessibility of websites or interfaces, network congestion or other failures. Femtocore LLC will attempt to provide the Services on a continuous basis. Publisher acknowledges and agrees that Femtocore LLC does not control availability of the Services and Femtocore LLC, and the terms of this Agreement are subject to Femtocore LLC's hardware, software, and bandwidth traffic limitations. Publisher also acknowledges and agrees that Femtocore LLC's failure to deliver the Services, Creatives, or other services, because of technical difficulties does not represent a failure to meet any obligations under this Agreement.


   3. Use of Site, Services and Creatives.

         1. Publisher shall not use the Site or the Services in connection with any website, email or other marketing channel unless it has obtained prior written/electronic approval from Femtocore LLC. Femtocore LLC, in its sole discretion, reserves the right to withhold, refuse or withdraw approval of any website, email distribution list and/or marketing channel for any reason.

         2. Approved Publishers may download the Creatives for the following uses:

               1. publication on Publisher's Website;

               2. distribution in Publisher's Emails;

               3. other marketing channels pre-approved by Femtocore LLC.

         3. Publisher shall not alter, modify or otherwise change the Creatives, or any Creatives-related feature, obtained in connection with any Program in any manner whatsoever, without Femtocore LLC's prior express written consent.

         4. Unless otherwise specified in the applicable Program Terms or by Femtocore LLC, and subject to the restrictions herein, the positioning, placement, frequency and other editorial decisions related to Publisher's use of Creatives shall be made by Publisher. Notwithstanding the foregoing, Publisher shall comply, immediately, with any and all requests by Femtocore LLC to modify, alter, remove or otherwise change the positioning, placement, frequency and other editorial decisions related to the Creatives made by Publisher. Publisher shall not run any deactivated Creatives after the Advertiser has made available replacement Creatives for the applicable Program.

         5. PUBLISHER AGREES TO REVIEW THE AVAILABILITY OF CREATIVES THAT IT HAS PLACED WITHIN ITS MEDIA ON A DAILY BASIS. IT IS THE PUBLISHER'S SOLE RESPONSIBILITY TO CHANGE CREATIVES WITHIN ITS MEDIA WHEN A CREATIVE IS DEACTIVATED BY Femtocore LLC. Femtocore LLC ASSUMES NO RESPONSIBILITY TO NOTIFY PUBLISHER WHEN A SPECIFIC CREATIVE IS NO LONGER AVAILABLE THROUGH Femtocore LLC.

         6. Tags included or otherwise incorporated into the Creatives may not be altered by Publisher under any circumstances. Altering, removing or disabling Tags may affect Publisher's eligibility for payment of Bounties and is grounds for immediate termination of this Agreement, with or without notice.


   4. Bounties.

      Femtocore LLC shall specify the amount and terms under which Publisher may earn Bounties. Bounties are generated by Publisher's Actions. The Action associated with each Program shall be set forth in the applicable Program Terms and, unless otherwise specified, such definition shall only apply with respect to that Program.


   5. Programs.

         1. If Publisher accepts a Program, Publisher agrees to place that Program's Creatives on the Publisher's Website and/or in the Publisher's Emails, in accordance with the Agreement and Program Terms. Femtocore LLC may, at its sole discretion, change a Program at any time, upon notice to Publisher, unless otherwise specified in the Program Terms. Similarly, Publisher may cease participation in a previously accepted Program at any time, unless otherwise specified in the Program Terms.

         2. Femtocore LLC shall display on the Site and administer all active Programs and data tracking associated with Bounties and Actions. Program data compiled by Femtocore LLC will be calculated by Femtocore LLC through the use of industry standard tracking technology and shall be final and binding on Publisher. Disputes regarding Program Data must be submitted by Publisher in writing within fourteen (14) days of its initial appearance in the tracking system, otherwise the Program Data will be deemed accurate and accepted by Publisher.



   6. Sub-Publishers.

         1. Publisher may desire to use Sub-Publishers to fulfill its obligations or exercise its rights under a particular Program. Femtocore LLC reserves the right to review and approve or reject any and all Sub-Publishers and may revoke a prior approval of any Sub-Publisher at any time and for any reason. Sub-Publishers must meet the same criteria for approval as Publisher, and are subject to all terms and conditions set forth in this Agreement. Once express approval of a Sub-Publisher has been granted by Femtocore LLC, notice to the Publisher shall be deemed notice to that Publisher's approved Sub-Publisher. Femtocore LLC may, at its sole discretion, terminate a Publisher at any time based on the actions of any of its Sub-Publishers. Publisher agrees that Femtocore LLC is under no obligation to pay any Sub-Publisher. Femtocore LLC further reserves the right to withhold or refuse payment to any Publisher in the event that any Sub-Publishers breach this Agreement.

         2. Publisher shall fully and unconditionally indemnify and hold harmless Femtocore LLC for any and all actions of any Sub-Publisher, including attorneys' fees and costs.


   7. Email Programs; Suppression Lists.

      Where use of email marketing is authorized by Femtocore LLC or the applicable Program Terms, the following terms shall apply:

         1. Any and all email based Creatives transmitted, as well as any and all email addresses supplied by Publisher:

               1. shall comply with all applicable federal and state laws including, but not limited to, the CAN-SPAM Act of 2003, as amended ("CAN-SPAM"), and any and all Federal Trade Commission implementing regulations;

               2. shall not infringe, misappropriate or otherwise violate any copyright, patent, trademark, trade secret or other similar intellectual property right, or otherwise violate or breach any duty toward, or rights of, any person or entity including, without limitation, rights of privacy and publicity; and

               3. (iii) shall not result in any consumer fraud, product liability or breach of contract to which Publisher is a party or cause injury to any third party.

         2. Publisher shall cause a valid physical postal address for Publisher or the applicable Advertiser, as required by applicable law, to appear in all email Creatives, along with a functioning unsubscribe link (such unsubscribe link must remain active for at least thirty (30) days after email delivery). Femtocore LLC reserves the right to add such address(es) should Publisher fail to include same, but Femtocore LLC shall not be responsible for including such address(es) where Publisher fails to do so.

         3. Femtocore LLC may make available, through a designated FTP site, a suppression list (and associated login information), updated on a regular basis, generated from email Programs transmitted by or through the Femtocore LLC for Publisher's use in connection with applicable Programs. Publisher shall upload its own email suppression list to the designated FTP site, if such a site is provided by Femtocore LLC. If Femtocore LLC provides a designated FTP site and no email suppression list is supplied by Publisher, Femtocore LLC may conclude that no such list exists. The suppression list and login provided by Femtocore LLC are Confidential Information. Suppression lists may not be used by Publisher for any purpose other than to comply with applicable laws regulating email transmission. Publisher agrees to process any unsubscribe requests within five (5) days of being posted to the designated FTP site.


   8. Publisher Email Lists.

         1. All Publisher Emails sent under the Agreement shall be delivered only to addresses on Publisher's Email Lists. Publisher shall not broker third-party deals to deliver Creatives without prior notice to Femtocore LLC. Entering into such a third-party deal is grounds for immediate termination of this Agreement, and does not preclude, in any way, Femtocore LLC's ability to pursue any other available legal remedies.

         2. Publisher shall maintain at all times during the term of this Agreement, and for a period of three (3) years thereafter, complete and accurate subscriber sign-up or registration data for every subscriber on Publisher's Email List. Publisher agrees that, within twenty-four (24) hours of a request by Femtocore LLC, it shall provide, at a minimum, the following subscriber sign-up or registration data for any email address that Publisher sends a Publisher Email to: (i) subscriber email address used to sign-up or register for Publisher's Email List; (ii) subscriber's IP address; (iii) date and time of subscriber's sign-up or registration for Publisher's Email List; and (iv) location of subscriber's sign-up or registration.


   9. Publisher Email Lists.

         1. Femtocore LLC shall pay to Publisher, Bounties earned for each Action verified by Femtocore LLC, at the applicable bounty rate, within fifteen (15) days of the last day of the applicable calendar month. Bounties owed to Publisher by an Advertiser shall be paid by Femtocore LLC only with monies actually received and collected by Femtocore LLC from such Advertiser. Should such Advertiser not remit sufficient funds to Femtocore LLC for payment owed to Publisher under this Agreement, Femtocore LLC shall have no payment obligation to the Publisher for the corresponding Bounties. Publisher shall have the right to pursue any and all legal remedies available against Advertiser if Advertiser has not remitted sufficient funds to Femtocore LLC for Bounties earned by Publisher in connection with such Advertiser's Program.

         2. All payments shall be paid in US dollars ($US) and are exclusive of any applicable taxes. Publisher shall be responsible for all applicable taxes.

         3. Notwithstanding anything contained herein to the contrary, no payment shall be made to Publisher for Bounties totaling less than Fifty Dollars ($50.00) ("Payment Threshold"). Upon termination of the Agreement, all undisputed Bounties collected by Femtocore LLC from Advertiser and owed to Publisher, shall be paid during the next billing cycle notwithstanding the Payment Threshold.

         4. Publisher must have a current and valid taxpayer identification number (TIN), valid Social Security Number or other applicable unique government identification.

         5. An Advertiser may request that Femtocore LLC, on its own initiative, debit from the Bounties otherwise due and owing to Publisher, an amount equal to a bounty previously credited to Publisher's account where:

               1. a return or cancellation has been made with respect to the applicable product or service;

               2. there is an instance of a duplicate, fraudulent or incomplete entry or other similar error with respect to a customer order;

               3. there are Actions that do not comply fully with the terms of the Agreement, including where the applicable non-complying Action is the result of Publisher's action, omission and/or failure to comply with the terms and conditions of the Agreement;

               4. there is non-receipt of payment from, or refund of payment to, the customer that entered into the subject Action; or

               5. there is a Chargeback.

            Chargebacks requested by an Advertiser in accordance with this Section 9 may be applied up to sixty (60) days after the end of the calendar month in which the applicable bounty was earned. An Advertiser may request that the payment of Bounties to Publisher be postponed for one (1) payment cycle where: (i) Advertiser is verifying a lead (for Programs in which lead generation is a component of the Action); (ii) Advertiser has a product return policy that allows the underlying purchaser to return the product during the aforementioned sixty (60) day period; or (iii) the applicable Program Terms provide for such a postponement. The number or amount of Actions, credits for payments and debits for Chargebacks, as calculated by Femtocore LLC, shall be final and binding on Publisher. 

  10. Fraud.

      If Femtocore LLC suspects that Publisher's account is being used in a fraudulent manner, Publisher's account will be deactivated, effective immediately, pending further investigation, with or without notice to Publisher. If Publisher adds Actions, or inflates Actions, through the use of fraudulent means of traffic generation, as determined solely by Femtocore LLC, Publisher shall forfeit all of the Bounties related to that Program, and Publisher's account will be terminated, effective immediately. Femtocore LLC reserves sole judgment in determining fraud, and Publisher agrees to be bound by any and all such determinations. Publisher holds the burden of proof on all fraud charges by Femtocore LLC. Femtocore LLC will hold Publisher's bounty-related payments in "Pending Status" until Publisher has presented evidence sufficient to demonstrate to Femtocore LLC that Publisher has not engaged in fraud. If Publisher is unable to provide Femtocore LLC with sufficient evidence that Publisher has not engaged in fraud within seven (7) days of Publisher's Bounties being placed in "Pending Status," Femtocore LLC, at its sole discretion and without any further obligations to Publisher, reserves the right to terminate Publisher's account and cancel payment of the applicable Bounties.


  11. Terms and Termination.

      The term of the Agreement shall begin upon Femtocore LLC's approval of Publisher's application and remain in effect until terminated as set forth herein. The Agreement may be terminated by either Party upon three (3) days' prior written notice. Femtocore LLC reserves the right, in its sole and absolute discretion, to terminate a Program and/or remove any Creatives at any time for any reason, upon notice to Publisher. Femtocore LLC also reserves the right to terminate Publisher's access to the Site at any time, with or without notice to Publisher. Termination notice may be provided via email and will be effective immediately. Upon termination, Publisher agrees to immediately remove from its websites any and all Creatives, Femtocore LLC Code or Intellectual Property Content made available to Publisher under this Agreement. The representations, warranties and obligations contained within this Agreement shall remain in full force and effect after termination of this Agreement. All payment obligations accruing prior to the date of termination shall survive until fully fulfilled.


  12. Representations and Warranties.

      The Parties hereby acknowledge and agree that Publisher is solely responsible for the method in which the Creatives are disseminated.

         1. Publisher represents and warrants that:
               1. Publisher's Website contains distinct and legitimate content, substance and material, and is not simply a list of links or advertisements;

               2. Publisher's Website serves a purpose substantially or completely separate and distinct from merely being designed to earn money solely from Femtocore LLC's Advertisers or other third party advertisers;

               3. Publisher's Website and Publisher Emails are represented by a legitimate second-level domain name (e.g. yoursite.com is acceptable; however, a shared server, e.g., sharedsite.com/yoursite, is not acceptable);

               4. Publisher's Website is not offered as a part of a community-based website personal entry or personal page;

               5. Publisher's Website and Publisher's Emails do not use incentives to induce users to click on Creatives (incentives include, but are not limited to, awarding users cash, points, prizes, and contest or sweepstake entries);

               6. Publisher's Website is not hosted by a free service and is fully functional at all times and at all levels (no "under construction" websites or any sections thereof are permissible);

               7. Publisher will not use spawning process pop-ups and exit pop-ups in connection with Publisher's Website or Publisher Emails;

               8. no images, graphics, links, co-registration paths, pop-ups, pop-unders, copy or process for generating Actions other than the Creatives will be used by Publisher in connection with the Programs without prior written consent of Femtocore LLC;

               9. Publisher uses the Creatives only with the intent of delivering valid Actions as determined by, and for the benefit of, the applicable Advertiser;

              10. Publisher shall not, nor knowingly permit any person or entity to, activate Creatives or inflate the amount of Actions through any deceptive or misleading practice, method or technology including, but not limited to, the use of any spyware, device, program, robot, Iframes, hidden frames, redirects, spiders, computer script or other automated, artificial or fraudulent methods designed to appear like an individual, real live person performing an Action;

              11. Publisher shall not use, nor knowingly permit any person or entity to use, any third-party trademarks in any way to direct traffic to any of Publisher's Websites or Advertiser websites including, but not limited to, purchasing keywords from a search engine service provider that includes the trademark, service mark or brand name, or any derivative of any such trademark, service mark or brand name;

              12. Publisher shall not violate guidelines of any search engines being utilized in connection with the Services, Actions, Site, Programs or Creatives;

              13. Publisher shall not allow the Creatives to be placed on any non-Publisher Website without the prior express written consent of Femtocore LLC;

              14. Publisher shall not use any Creatives or any other Program Terms and/or content in connection with aggregating, soliciting or recruiting other publishers, advertisers, websites or persons to form or join an affiliate marketing, advertising or similar network for the purpose of engaging in business of the type conducted by Femtocore LLC;

              15. Publisher shall not redirect traffic to a website other than the website(s) specifically listed by the applicable Advertiser in the Program Terms; and

              16. the content of Publisher's Website and Publisher Emails does not promote, advocate, facilitate or otherwise include any of the following:

                     1. hate speech or material that discriminates on the basis of race, ethnicity, gender, age, disability, religion or sexual orientation;

                     2. Investment, money-making opportunities or advice not permitted under law;

                     3. violence or profanity;

                     4. pornographic, obscene, sexually explicit or related content;

                     5. material that defames, abuses, is libelous, is tortuous or threatens physical harm to others;

                     6. material that displays any telephone numbers, street addresses, last names, URLs, email addresses or any confidential information of any third person;

                     7. material that impersonates any person or entity;

                     8. any indication that any statements Publisher makes are endorsed by Femtocore LLC or an Advertiser, without Femtocore LLC's or Advertiser's specific prior written consent;

                     9. promotion of illegal substances or activities (e.g., illegal narcotics, how to build a bomb, counterfeiting money, etc.);

                    10. content which is inappropriate or harmful to children;

                    11. promotion of terrorism or terrorist-related activities, sedition or similar activities; (l) software pirating (e.g., warez, hotline);

                    12. hacking or phreaking;

                    13. any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

                    14. any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet;

                    15. any software, product or service that harvests or collects the personal information of Internet users, whether or not for commercial purposes, without the express consent of such users;

                    16. any spoofing, redirecting or trafficking from other websites in an effort to gain traffic;

                    17. any content that infringes upon the intellectual property rights of any third party or any other right including, without limitation, false advertising, unfair competition, invasion of rights of publicity or privacy;

                    18. gambling, contests, lotteries, raffles, or sweepstakes; (t) any material that violates CAN-SPAM; or

                    19. any illegal activity whatsoever (including any violations of applicable U.S. state or federal law or regulation, Canadian provincial or federal law or the laws of any other jurisdiction in which Publisher operates).


  13. Privacy Policy.

      Publisher's Website shall contain a Privacy Policy with which Publisher complies and which is conspicuously posted on the Publisher's Website at all times. Publisher shall notify Femtocore LLC in writing at least three (3) business days in advance of any changes to any applicable Privacy Policy and shall provide Femtocore LLC with a revised copy of the affected Privacy Policy prior to the date that the changes take effect.


  14. Customer Information; Non-Disclosure.

      Customer information shall be considered Confidential Information, proprietary to and owned by Femtocore LLC. Customer Information may not be utilized or otherwise disclosed to a third party by Publisher. Publisher acknowledges and agrees that all non-public information, data and reports made available by Femtocore LLC hereunder or otherwise, as part of the Services, is proprietary to and owned by Femtocore LLC. All proprietary and Confidential Information is protected by copyright, trademark and other intellectual property laws. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any proprietary or Confidential Information of Femtocore LLC in any manner. These non-disclosure obligations shall survive the termination of this Agreement.


  15. Proprietary Rights.

      Notwithstanding anything to the contrary herein, Femtocore LLC grants to Publisher a revocable, non-transferable, royalty free, international license to display on, and distribute through Publisher's Website, Publisher Emails or other approved marketing channels the Intellectual Property Content, for the limited purpose of promoting Programs to end users. Publisher may not remove or alter any copyright or trademark notices. The Intellectual Property Content and other matters related to Femtocore LLC Programs, Creatives and Site are protected under applicable copyright, trademark and other proprietary rights. Publisher shall not use, copy, redistribute or publish any of Femtocore LLC Programs, Creatives and/or Site, other than as expressly permitted hereunder. Publisher does not acquire any ownership rights to Femtocore LLC, Programs, Creatives or Site under this Agreement. The availability of Femtocore LLC, Programs, Creatives or Site does not constitute a waiver of any rights related thereto. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. Publisher shall not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. Femtocore LLC reserves any rights not explicitly granted in the Agreement.


  16. Limitation of Liability; Disclaimer of Warranty.

      IN NO EVENT SHALL Femtocore LLC BE LIABLE TO PUBLISHER OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY CUSTOMERS OBTAINED THROUGH PUBLISHER'S MARKETING EFFORTS) FOR ANY DAMAGES OF ANY KIND ARISING FROM PUBLISHER'S USE OF THE SITE, A PROGRAM, ADVERTISERS' UNDERLYING PRODUCTS AND/OR SERVICES OR PUBLISHER'S DISPLAY OF ANY CREATIVES ON OR THROUGH PUBLISHER'S WEBSITE AND/OR PUBLISHER'S EMAILS INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, EVEN IF Femtocore LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Femtocore LLC'S MAXIMUM AGGREGATE LIABILITY TO PUBLISHER AND ANY THIRD PARTY UNDER ANY AND ALL CIRCUMSTANCES SHALL BE THREE HUNDRED DOLLARS ($300). REGARDLESS OF ANY LAW TO THE CONTRARY, NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST Femtocore LLC MORE THAN ONE (1) YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE. PUBLISHER RECOGNIZES AND ACKNOWLEDGES THAT THIS LIMITATION OF DAMAGES IS FAIR AND REASONABLE. THE SITE, CREATIVES, PROGRAMS, ADVERTISERS' UNDERLYING PRODUCTS AND SERVICES, CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE SITE, CREATIVES, PROGRAMS OR ADVERTISERS' UNDERLYING PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Femtocore LLC HAS NO LIABILITY, WHATSOEVER, TO PUBLISHER OR ANY THIRD PARTY, FOR PUBLISHER'S USE OF, OR INABILITY TO USE, THE SITE, CREATIVES, PROGRAMS AND/OR ADVERTISERS' UNDERLYING PRODUCTS OR SERVICES AND Femtocore LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT PUBLISHER'S USE OF SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OF THE PROGRAMS WILL BE AVAILABLE TO PUBLISHER. THE NEGATION OF DAMAGES SET FORTH HEREINABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Femtocore LLC AND PUBLISHER. THE SITE, CREATIVES, PROGRAMS AND/OR ADVERTISERS' UNDERLYING PRODUCTS AND SERVICES WOULD NOT BE PROVIDED TO PUBLISHER WITHOUT SUCH LIMITATIONS. Femtocore LLC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SITE, CREATIVES OR PROGRAMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PUBLISHER FROM Femtocore LLC OR ANY ADVERTISER BY AND THROUGH THE SITE, CREATIVES AND/OR PROGRAMS SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT.


  17. Indemnity.

         1. Publisher shall indemnify, defend and hold harmless Femtocore LLC, its Advertisers and each of their respective parents, publishers, subsidiaries, officers, partners, members, managers, employees, agents and attorneys, from and against any and all claims, allegations, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or related to:

               1. Publisher's improper use of the Site, Program, Services or Creatives;

               2. any third party claim related to Publisher's Website, Publisher Emails or Publisher marketing practices;

               3. any third party allegation or claim against Femtocore LLC and/or its Advertisers relating to a violation of any and all state and federal laws or the laws of Publisher's jurisdiction;

               4. any content, goods or services offered, sold or otherwise made available by Publisher on or through the Publisher's Website, Publisher Emails, other marketing channels or otherwise;

               5. any claim that Femtocore LLC is obligated to pay any taxes in connection with payment made to Publisher in connection with the Agreement and/or any Program;

               6. breach or violation of this Agreement or any representation or warranty contained herein; or

               7. Publisher's use of the Site, Program, Services or Creatives, in any manner whatsoever.

         2. Femtocore LLC shall indemnify, defend and hold Publisher harmless from and against any and all claims allegations, liabilities, costs and expenses (including reasonable attorneys' fees) by third parties arising out of any actual infringement of intellectual property rights resulting from Publisher's display of the actual Creatives, in unaltered form, as provided in connection with any Program.


  18. Assignment.

         1. Femtocore LLC may, at its sole discretion, assign this Agreement, or any portion thereof.

         2. Publisher may not assign, transfer or delegate any of Publisher's rights or obligations under the Agreement without the prior written consent of Femtocore LLC, which may be withheld for any reason, and any attempts to do so shall be null and void. Any attempt by Publisher to assign its rights or obligations under this Agreement may result in Femtocore LLC, at its sole discretion, immediately terminating the Agreement and Publisher's participation in any Program, without any liability to Femtocore LLC. This Agreement will be binding on, inure to the benefit of and be enforceable against, the Parties' successors and assigns.


  19. Jurisdiction; Venue.

      The Agreement shall be construed and governed by the laws of the Commonwealth of Delaware, without respect to its conflict of laws principles. Any and all disputes or controversies whether of law or fact of any nature whatsoever arising from or respecting the Agreement shall be decided through arbitration by the American Arbitration Association ("Arbitrator"), in accordance with its rules and regulations. Arbitration shall take place in Wilmington, Delaware. At the request of Femtocore LLC, arbitration proceedings will be conducted in secrecy. In such case all documents, testimony and records shall be received, heard and maintained by Arbitrator in secrecy under seal, available for inspection only by Femtocore LLC or Publisher or by their respective attorneys and experts, who shall have agreed, in advance and in writing, to receive all such information confidentially and to maintain such information in secrecy. Arbitrator shall be able to decree any and all relief of an equitable nature including, but not limited to, a temporary restraining order, temporary or a permanent injunction, damages, with or without an accounting, and costs. Femtocore LLC shall be entitled to an award of its reasonable costs and expenses, including attorneys' fees, in any action or proceeding in connection to, arising out of, or under the Agreement. Nothing contained in the Agreement shall be construed to limit any legal remedies available to Femtocore LLC.


  20. Severability; Non-Waiver.

      If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not effect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. No waiver of any breach of any provision of the Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.


  21. Modification.

      This Agreement represents the complete and entire expression of the agreement between the Parties, and shall supersede any and all other agreements, whether written or oral, between the Parties. Other than as set forth herein, the Agreement may be amended only by a written agreement executed by an authorized representative of each Party. To the extent that any Program Terms are in conflict or inconsistent with this Agreement, this Agreement shall govern.


  22. Confidentiality.

      Publisher shall not at any time: (i) disclose, sell, license, transfer or otherwise make available to any person or entity any Confidential Information; (ii) use any Confidential information; or (iii) reproduce or otherwise copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed to Publisher or as required by applicable law. Publisher agrees to take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. All Confidential Information shall at all times remain the property of Femtocore LLC and all documents, electronic media and other tangible items containing or relating to any Confidential Information shall be delivered to Femtocore LLC immediately upon request.


  23. Force Majeure.

      Neither Party shall be liable to the other by reason of failure or delay in the performance of its obligations hereunder on account of telecommunications, Internet or network failure or interruption, results of computer hacking, Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes, natural disasters or any other cause which is beyond the reasonable control of either Party.


  24. Miscellaneous.

      Publisher shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. Publisher shall not take any action that imposes an unreasonable or disproportionately large load on the Femtocore LLC infrastructure. Publisher acknowledges and agrees that any unauthorized or unlawful use of the Site, Service, Creatives, or Programs would result in irreparable injury to Femtocore LLC for which monetary damages would be inadequate. In such event, Femtocore LLC shall have the right, in addition to other remedies available to it pursuant to the Agreement, to immediate injunctive relief against Publisher without the need to post a bond.


  25. Ability to Perform.

      Publisher agrees that Femtocore LLC may require a financial accounting and inspection of Publisher's books and records including, but not limited to, access to Publisher's computer databases, in order to verify and corroborate financial information regarding the relationship established hereunder. Publisher hereby authorizes Femtocore LLC to obtain credit reports regarding Publisher's business and to require Publisher to provide it with reasonable information regarding Publisher's financial position.


  26. Relationship.

      Each Party is an independent contractor and not a partner, joint venturer or employee of the other. Neither Party shall have the right to bind the other or to incur any obligation on the other's behalf.


  27. Notices.

      All notices shall be sent to the address submitted by Publisher when Publisher signs up for the Service and, if to Femtocore LLC, to the address listed in the Contact section of the Site. 





Privacy Protection

This policy establishes how we handle the information we learn about you when you visit our sites. Protecting the privacy and personal data of our visitors is of utmost importance to us. Protecting your privacy and your personal data is an important aspect of the way we create, organize and implement our business on-line and off-line.

By visiting this website and requesting information, products or services, you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not provide any information or use any of the services or products offered or provided on any of the websites referred to in this Privacy Policy.

Please Note: Femtocore  from time to time, may make changes to this privacy policy to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. Changes are effective upon posting. It is your sole responsibility to be aware of changes. We do not provide notices of changes in any manner other than by positing the changes at this web site. We encourage you to refer back to this policy on a regular basis.
Linkages Characteristics

The specific practices outlined in this privacy statement apply to the Femtocore  site and its subsidiaries.

Personally Identifiable Information

Personally Identifiable Information (PII) is any information that can be used to identify you as a user. Examples of some PII that can be collected from you by Femtocore  include:

    * Name
    * Postal Address
    * Phone Number
    * Email Address
    * Company Name
    * Group Affiliation
    * URL
    * Order Processing Information
    * Registration / Login Credentials

Data Collection and Cookies

Femtocore  only collects PII that you volunteer on registration, order, survey, or other forms, or by email.

We also collect anonymous information through the use of various technologies, one of which is called "cookie". A cookie is an element of data that a web site can send to your browser, which may then be stored on your hard drive. Cookies are used to save the visitor's preferences, group information, and/or password so that it does not have to be re-entered at each new visit.
All our employees who have access to PII and are associated with the processing of that data are obliged to respect the confidentiality of data.

Individual Participation / Access

You can ask us whether we are keeping personal data about you, and you can also request to receive a copy of that personal data. Before sending you any personal data, we will ask you to provide proof of your identity. If you are not able to provide proof of your identity, we reserve the right to refuse to send you the personal data.

We will make a sincere effort to respond in a timely manner to your requests to the previous questions or to correct inaccuracies in your PII. At any time, you may request that we delete or correct your PII in our logs. For such requests, please contact Customer Service at (717) 361-9007.

Information Sharing

Femtocore  only shares PII with third parties in the following limited circumstances:

    * We have your consent. We require opt-in consent for the sharing of PII.
    * We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Femtocore , its customers or the public as required or permitted by law.

Spam Complaints

All communications with Femtocore  and its subsidiaries are completely voluntary. If you are receiving emails from Femtocore  it is because you have selected or opted in to receive these communications via one of our web sites.

To discontinue, unsubscribe or opt out from any further correspondence with Femtocore , follow the link at www.femtocore.com/privacy or contact Customer Service at (717) 361-9007.

If you believe you are receiving unsolicited communications, please contact Customer Service at (717) 361-9007 and we will remedy the situation as quickly as possible. Femtocore  complies with all applicable state, federal, and international laws and regulations, which shall include, but not be limited to, the CAN-SPAM Act of 2003.

Security

We intend to protect the quality and integrity of your PII. Femtocore  has implemented technologies and security policies to protect the stored PII of our customers from unauthorized access, improper use, alteration, unlawful or accidental destruction and accidental loss. We will continue to enhance our security procedures, as new technology becomes available. Femtocore  employees who have access to PII are obliged to respect the privacy of our visitors and the confidentiality of their personal data.

Links

Throughout the Femtocore  web site and its subsidiaries, you will find links to third party web sites and / or Affiliates. Please note that Femtocore  is not responsible for the privacy policies or content on third party sites.

Certain Femtocore  web sites enable you to communicate with other visitors and to post information accessible by others. You should be aware that when you use these services, your data may be collected by other visitors.

Notifications of Changes

Femtocore commitment to protecting customer privacy will not change. However, new services, changes in technology or other circumstances may require us to modify this Privacy Statement. In the event that we do amend this statement, it will be posted at www.femtocore.com/privacy

Privacy Support

If you have any inquiries about our privacy statement, please contact:
 Femtocore LLC
    PMB 7437
     2711 Centerville Rd., Ste 120
    Wilmington, DE 19808
I agree to the above terms and conditions *
Please type in the code shown *
Technologies for advertisement

PUBLISHERS

ADVERTISERS

Publishers

Personal & company information

Payment information

Advertisers

Join us today!

Discover Femtocore

Contact Us
