AdButler Agreements & Policies

Welcome to the AdButler website. The following terms and conditions (the "Terms of Use") govern your use ("You", "Your" etc) of this website and any services that are offered here by SparkLIT Networks Inc., owners of AdButler ("AdButler"). By using this site or the services provided thereon, you agree to be, and are, bound by these Terms of Use. AdButler may update these Terms of Use from time to time, so please check back frequently. You acknowledge and agree that your continued use of the AdButler website or services after any such update signifies your acceptance of such modified Terms of Use. Because this is a legal agreement between you and AdButler, please print out and retain a copy for your records. If you do not agree to these Terms of Use, you are not authorized to access or use this site or the services provided here.

1. Ownership

   The trademarks, logos, and service marks displayed on the AdButler website (collectively, the "Marks") belong to AdButler and others. AdButler and all other trademark owners retain all rights in and to the Marks, and nothing in these Terms of Use grants you or anyone else any right whatsoever to the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent.
   
   Unless expressly stated on the AdButler website, you should assume that all content, images, and materials appearing on this website (collectively, the "Content") are the sole property of AdButler. Such Content is protected by Canadian, U.S. and international copyright laws and treaties. You may not use, reproduce, display, or sell any Content without AdButler's prior written consent. You may not frame any portion of the site without AdButler's prior written consent.
   

2. Termination of Services/website

   The trademarks, logos, and service marks displayed on the AdButler website (collectively, the "Marks") belong to AdButler and others. AdButler and all other trademark owners retain all rights in and to the Marks, and nothing in these Terms of Use grants you or anyone else any right whatsoever to the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent.

3. Disclaimer

   You acknowledge and agree that your use of our website and the services we offer is at your own risk. Without limiting any other provision contained in these Terms of Use, everything on the website and the services we offer are provided to you "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ADBUTLER HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. ADBUTLER MAKES NO WARRANTIES THAT THE MATERIAL CONTAINED ON THE ADBUTLER WEBSITE IS ACCURATE OR COMPLETE, OR THAT THE ADBUTLER WEBSITE OR SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, OR WILL BE SUITABLE FOR YOUR NEEDS OR INTENDED APPLICATIONS.

4. Links

   Our website may contain links to other Internet websites or resources. You acknowledge and agree that AdButler is not responsible or liable in any way for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on our website does not imply that AdButler endorses any of the linked sites. You use the links at your own risk.

5. Registration and Account Use

   You agree that any information you provide in response to AdButler's registration and other forms will be true, accurate, current and complete. In particular, you agree not to misrepresent your identity to AdButler. By submitting any information to AdButler, you grant AdButler the right to use this information to provide any services you request and for any other purpose that is consistent with our privacy policy, which policy is set forth in the Agreements & Policies section of our site.
   
   If you become a registered user of our site or services, you will set a password for accessing your account information. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. AdButler will not be liable for any loss that you may incur as a result of any third party's use of your password or account, either with or without your knowledge. You may not use anyone else's password at any time.

6. Limitation of Liability

   If you do not agree with our Terms of Use, or if you are not satisfied with our website or any of the services that AdButler provides, your sole remedy is to discontinue your use of the AdButler website and services. ADBUTLER WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT (EXCEPT AS EXPRESSLY PROVIDED IN ADBUTLER'S MEMBERSHIP AGREEMENT FOR PAID SERVICES), INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE ADBUTLER WEBSITES OR SERVICES, AND WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADBUTLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF ADBUTLER'S WEBSITES AND SERVICES.
   
   SOME JURSIDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

7. Indemnity

   You agree to defend, indemnify, and hold harmless SparkLIT Networks Inc, its officers, directors, employees, agents, and partners, from and against any third-party claims, actions, demands, liabilities, expenses, and costs, including without limitation reasonable legal and accounting fees, arising from or related to your use of the AdButler website, your violation of these Terms of Use, or your violation of any laws, regulations, or third-party rights.

8. Modifications to Term of Use

   No modification to these Terms of Use will be effective unless: (a) posted by AdButler in the Agreements & Policies section of AdButle's website; or (b) expressly agreed to in writing on AdButler's letterhead and signed by an executive vice president or higher-level officer of SparkLIT Networks Inc. Any modification posted on this site will become effective immediately, and your continued use of AdButler's websites or the services it offers will signify your acceptance of such modified terms.

9. General Provisions

   These terms will be governed by and construed solely in accordance with the laws of the United States and the State of Utah, excluding that body of law governing conflict of laws. Both you and AdButler agree that any legal action or proceeding relating to or arising out of these Terms of Use or your use of AdButler's website or services will be brought exclusively in a federal or state court in Utah, and by agreeing to these Terms of Use you submit to the personal jurisdiction of, and venue in, such courts.
   
   If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches, nor does it affect your obligations or AdButler's rights and remedies under these Terms of Use in any other way. Except for other agreements, terms, or policies appearing on the AdButler website, these Terms of Use set forth the entire understanding and agreement between you and AdButler regarding the subject matter hereof.

10. Ad Serving Provisions (For AdButler)

    Advertisement Responsibilities
    ‍You are considered solely responsible for all ads that you create, upload or traffic using AdButler. AdButler is not liable for any loss or damage that your ads may cause to you or others. In using AdButler, you declare that you have all of the necessary rights and permissions to traffic your ads through AdButler.
    
    Advertisement Quality Testing
    ‍AdButler must approve all ads before they begin serving on your website or through other designated sources. AdButler partners with one or more third party companies which scan all advertising materials for malware or other malicious content submitted to AdButler's platform. To ensure that your ads are not flagged for further review or prevented from serving, ensure that you avoid potentially obscured or malicious implementations. Some examples of ads that may be flagged include but are not limited to obfuscated JavaScript, auto-redirecting ads, drive-by-downloads, and deceptive download links.
    
    Enforcement and Infractions
    ‍AdButler reviews all ads that are flagged, and may periodically review live ads to ensure continued compliance with our guidelines and Terms of Service even if an advertisement has been previously approved. AdButler reserves the right to remove or disable any ads that it believes are non-compliant with its quality requirements, for any reason. In addition to removing or disabling ads, AdButler also reserves the right to suspend and/or delete your account.

11. Additional Information

    This website is owned and operated by SparkLIT Networks, Inc. of Victoria, British Columbia, Canada. Any questions relating to this website or these Terms of Use may be directed to http://adbutler.com/contact-us.spark. Thank you for using the AdButler website.

The security of your data is very important to us at AdButler. We anticipate the needs and demands of ourclients by providing a safe and reliable platform for the collection of survey data.

AdButler servers containing customer or PII data are all hosted in a secure location at the Westin Building Exchange (WBX) in Seattle. This facility provides an extremely high level of operation security, including 24/7 on site security, redundant power sources, and seismic upgrades - all of which keep our server infrastructure safe and sound. All deprecated hard drives are delivered to a third-party digital data desctruction companies which comply with RCMP and US NIST media sanitization guidelines.

All of our servers are also protected by high performance monitored firewalls, which include multiple failover systems and redundant hardware in case of hardware failure. Our systems are tested for vulnerabilities regularly, and complete automated backups are performed nightly.

AdButler uses Transport Layer Security (TLS) encryption, more commonly known as HTTPS, for all of the data that we send and receive. This ensures that all user data in transit is both safe and secure, and additionally only available to the intended recipients.

Additionally, we maintain that YOU own all of your data and we do not and will not ever exchange, share or sell that data with any 3rd parties.

It is essential that we keep your data safe and secure, and if you have any questions about data security please contact AdButler Support.

AdButler recognizes your right to confidentiality and is committed to protecting your privacy. This privacy statement discloses what information we gather, how we use it, and how to correct or change it. You can expect to be notified of:

• 
  What personally identifiable information of yours is collected.
• 
  What organization is collecting the information.
• 
  How the information is used.
• 
  With whom the information may be shared.
• 
  What choices you have regarding the collection, use and distribution of the information.
• 
  What kinds of security procedures are in place to protect the loss, misuse or alteration of information under the company’s control.
• 
  How you can correct any inaccuracies in the information.

You should direct questions regarding this statement to any of our listed methods of contact.

Your Personal Information

We do not collect personal information when you visit our site unless you signup for a service, place an order, register, complete a survey or enter a contest.

When you signup for a service, we will ask you for the following personal information: name and e-mail address. We may use your personal information to contact you for account purposes.

When you place an order (upgrade to a paid version of software), we will ask you for the following personal information: name, e-mail address, mailing address, phone number, and credit card number and its expiration date. This information is requested to verify your identity. This information is transmitted via a secure encrypted server using Transport Layer Security (TLS) encryption, more commonly known as HTTPS, the approved industry standard (see Security section below). We may use your personal information to contact you for account purposes.

When you submit feedback or questions via e-mail, or contact us for information about our Web site, we will request your name and e-mail address. We use this information solely to respond to your inquiries.

We share general demographic information with advertisers and partners as aggregated information that cannot be used in any way to identify you.

All performance statistics and data is kept private and not released to any of our partners without your permission. Occasionally, we may reference our own statistics, but the data will be an aggregate of our whole client base, and not identify any one party.

AdButler certifies that all personal information relating to its members and clients, including email addresses and personal information, will be kept confidential. We do not share, sell, rent or barter any identifiable personal information to any third party without your permission.

Company Information

You agree that AdButler may identify your company name and/or logo as an AdButler customer on client lists, marketing materials and/or press releases. If you wish to be excluded from this program, do so by emailing: "marketing AT adbutler.com".

Security

AdButler uses Transport Layer Security (TLS) encryption, more commonly known as HTTPS, for all of the data that we send and receive. This ensures that all user data in transit is both safe and secure, and additionally only available to the intended recipients. This ensures that online transactions and the transmission of personal information such as credit card details are safe from third-party interception.

Cookies

To better serve you, we use "cookies" to reduce the time required to login. A cookie is a small amount of information sent from a Web server to your computer. We use cookies to retrieve certain information you previously provided to AdButler, so that you do not need to reenter this information every time you login into the members area. Additionaly we use cookies to prevent multiple votes on our Web Poll and Survey services. Cookies are not used to access information entered on the secure server; this information can only be accessed when you enter your name and password. No other company has access to our cookies. We do not use the cookie to track your Internet activity once you leave AdButler.

We collect and process a variety of non-personally identifying information in order to prevent fraud and support and maintain a higher quality browsing experience for all users. We do not track individual users.

AdButler Frequency Capping Cookie

Data Collected

• 
  A non-personal ID that links to the zone and/or advertisement (not the individual)
• 
  A timestamp

Purpose of Cookie

• 
  Ensure that a user does not see the advertisement repeatedly

Duration of data stored

• 
  The duration for this cookie is set by the administrator within the AdButler interface each time it is used

Extent of Data Processing

• 
  The data this cookie collects is not shared with any third parties and is used exclusively by AdButler for the reason mentioned above. This information cannot be used to uniquely identify an individual.

AdButler Conversion Tracking Cookie

Data Collected

• 
  A non-personal ID that links to the zone and/or advertisement (not the individual)

Purpose of Cookie

• 
  Allow attribution of an advertisement to a desired goal. This does not track an individual, only the source advertisement

Duration of Data Stored

• 
  This cookie expires within 180 days

Extent of Data Processing

• 
  The data this cookie collects is not shared with any third parties and is used exclusively by AdButler for the purpose mentioned above. This information cannot be used to uniquely identify an individual.

These advertising cookies are intended to improve the browsing experience by reducing the number of repeating ads you see. The advertising cookies also allow an advertiser to attribute the viewing of an ad to an action on the destination website. This is attribution is not tied to an individual, and there is no tracking of an individual involved.

To clear your cookies

1. Open your browser settings or preferences (depending on your browser)
2. Search for Cookies
3. Select Clear browsing data
4. Select Cookies and other site data or Clear Data (depending on your browser)
5. Confirm the clearing of the cookie data

A small portion of the ads served on mobile apps through AdButler incorporate personalization by select partners. This personalization is meant to provide ads more relevant to your interests. If you prefer not to have personalized ads in mobile app advertisements, you can reset your advertiser ID on your mobile device, however this may result in advertisements less suited to your interests.

To reset your advertising ID on an Android device

1. Open your device settings
2. Select/tap Google settings
3. Select/tap Ads
4. Select/tap Reset advertising ID
5. Confirm that you want to reset your advertising ID

To reset your advertising ID on an iOS device

1. Open your device settings
2. Select/tap Privacy
3. Select/tap Advertising
4. Select/tap Reset advertising identifier
5. Confirm that you want to reset your advertising ID

Your Choice/Opt-Out

AdButler provides you with the opportunity to remove your personal information from our database and opt out of receiving communications from us at any time. Login to the members section and delete any products that you have signed for (See FAQ for more information).

AdButler provides you with the opportunity to update or change any information you previously provided. Please login to the members area and make your changes (See FAQ for more information).

Bot/Data Collection

AdButler and its affiliates will never affix any spybot or data collection software to any of its products.

Your Comments/How to Reach Us

If you have questions or comments about AdButler's privacy policy, please feel free to contact us.

This AdButler Affiliate Agreement (hereafter, the "Agreement") is a legal contract between the customer ("You", "Your" etc) and SparkLIT Networks, Inc., owners of AdButler ("AdButler"). The Agreement governs the terms and conditions of service governing your AdButler Affiliate Account (the "Account"). Your use of the Account is conditional uponnditional upon your acceptance of this Agreement. The customer accepts and agrees to be bound by all the terms and conditions of this Agreement, as well as any additional terms specific to particular products or services for which you register. Such additional terms may be found in the Agreements & Policies section of SparkLIT's website, and shall be considered a part of this Agreement with respect to the services they cover. Since this is a binding legal agreement between you and SparkLIT, please print a copy of this Agreement for your records.

1. Registration Process

   To sign up for or receive an Account, you must submit or maintain on file with AdButler certain registration data, as requested by AdButler's online registration form for the Service. Such registration data shall include, but not be limited to, your name, address, email address, website URLs, credit card number, and other billing information. In addition, you must register your consent to this Agreement. AdButler reserves the right, in its sole discretion, to refuse any registration request for any reason or no reason. AdButler's use of your registration information is governed by AdButler's privacy policy, available in the Agreements & Policies section of AdButler's website ("Privacy Policy").

2. Your Promises And Obligations

   AS A CONDITION OF RECEIVING AN ACCOUNT, YOU PROMISE, REPRESENT, AND WARRANT THE FOLLOWING.
   
   (a) All of the registration information you supply to AdButler is true, complete, and accurate, and you will notify AdButler of any changes to your registration data during the term of this Agreement and submit updated information within twenty (20) days of any such changes;
   
   (b) Under no circumstances will AdButler or any property or identifying mark of AdButler's, including but not limited to: AdButler's name, trademarks, advertising, logos, and URLs, become associated, aligned, or otherwise affiliated with any:
   
   i. hate propaganda or material that encourages or promotes illegal activity or violence;
   ii. content that violates or infringes in any way upon the statutory, common law, or proprietary rights of others, including but not limited to copyrights, trademark rights, patents, or any other third party intellectual property, contract, privacy, or publicity rights;
   iii. material that promotes or utilizes software or services designed to deliver unsolicited email;
   iv. material that violates any local, state, or national law or regulation;
   v. misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent, or otherwise objectionable, offensive, or harmful; or
   vi. other material that AdButler, in its sole discretion, deems inappropriate, including any violations of standards posted on AdButler's website or sent to you by email;
   
   (c) You will safeguard your account user name and password by not disclosing your password to any third party, and you will assume responsibility for any and all harm or liability attributable to you or any other person accessing your account or any Services with your user name and password;
   
   (d) You will treat any and all consumer information gathered for you or transmitted to you via the AdButler website or Services in accordance with AdButler's Privacy Policy;
   
   (e) You will comply with all local, state, and federal laws and regulations governing your actions under this Agreement;
   
   (f) Neither you nor any member of your immediate family is now, or has ever been, employed by AdButler Networks; and
   
   (g) You have full power and authority to enter into this Agreement and to perform your obligations hereunder.
   
   Without limiting its other remedies, AdButler may refuse or cancel your Account at any time for any violation of the foregoing promises.

3. Payment

   AdButler agrees to pay commission fees either in real funds or through credit towards AdButler products/merchandise ("Credit") in accordance with the preference of the owner of the account. AS A CONDITION OF RECEIVING PAYMENT, YOU ACKNOWLEDGE YOUR CONSENT TO THE FOLLOWING ARTICLES CONCERNING PAYMENT.
   
   Section 4.1 Verification of Purchase.
   AdButler's billing practices involve monthly charges and a 30 day money back guarantee on many products. For this reason, purchases may not be verified for periods of up to a month. AdButler therefore will pay commissions only after such time as a purchase is made final and payment has been received for said purchase. Commission will not be paid on refunded sales, nor on payments that are dishonored or declined.
   
   Section 4.2. Payment of Commission
   AdButler agrees to pay commission rates based on the percentages posted on the affiliate administration page at the time the purchase is verified and the commission is credited to your Account.
   
   AdButler reserves the right to alter its rates at any time. The new rates will be posted to the affiliate administration page when they take effect. In the event of a rate change, you're the net value (in terms of dollars) of commissions already pending or credited will not decrease. Changes in the rates paid for Credit may result in either an increase or a decrease of total Credit value.
   
   Section 4.3 Purchases Qualifying for Commission
   AdButler agrees to pay commission on setup fees and/or the first monthly charge (as applicable) for the following products: adButler, Web Polls, Mail Forms, and Survey Logix. New products may be added to this list at any time at AdButler's discretion. If a product should be removed from this list, AdButler agrees to provide 1 month advance notification by email to whatever email address is provided in your Account information.
   
   AdButler will pay commission only on the setup fee and the first monthly charge for a product. All other charges, including but not limited to recurring monthly charges, additional service fees, and upgrade fees, do not qualify for commission.
   
   Section 4.4. Method of Payment.
   Users opting for payment in Credit will have their balance automatically adjusted electronically. This credit will first be applied against outstanding charges. Any remainder will be available for use in purchasing new products or Services.
   
   Users opting for payment in U.S. Dollars will be paid by check. Checks will be issued within 28 days of receipt of a request for check, and mailed to the address provided in your billing information. IT IS YOUR RESPONSIBILITY TO MAINTAIN ACCURATE MAILING INFORMATION FOR YOUR ACCOUNT.
   
   No payments will be issued until requested, and commissions will be recorded in the Account. IT IS YOUR RESPONSIBILITY TO REQUEST PAYMENT.

4. Modifications To This Agreement

   AdButler may change any other terms of this Agreement at any time by updating the applicable information or terms posted on AdButler's website. Changes to terms not related to commission rates will become effective fifteen (15) days after such notification. If you do not agree to any changes posted by AdButler in accordance with this Section, you must cancel your account or the affected Service as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.
   
   Additional modifications to these terms and conditions may be made in special circumstances, but only if approved in advance in a signed writing on AdButler's letterhead by an executive vice president or higher-level officer of SparkLIT Networks Inc. Product sales and support representatives are not authorized to waive or modify any provisions of this Membership Agreement. No failure by AdButler to enforce any term of this Agreement shall be construed as a waiver thereof, nor shall it affect your obligations or AdButler's rights and remedies hereunder.

5. Term And Termination of Agreement

   The term of this Agreement will begin on the date that AdButler accepts your initial registration and will continue in force until terminated according to this section. Either party may terminate your Account at any time and this Agreement by written notice to the other party. AdButler agrees to pay any outstanding balance on your Account at the time of termination. AdButler also reserves the right to terminate your account and this Agreement immediately and without notice in the event that you breach any provision of this Agreement.

6. Ownership Rights

   You agree and understand that all graphic designs, icons, Tags, HTML code, computer programming, and other elements provided by AdButler for the purposes of the affiliate program are the exclusive property of AdButler. In addition, you acknowledge that AdButler owns all right, title, and interest in and to AdButler's trademarks, trade names, service marks, inventions, copyrights, trade secrets, patents, technology, software, and know-how related to the design, function, or operation of the Service. Your rights to the Account are strictly limited to the rights expressly granted in this Agreement.

7. Disclaimer of Warranty

   AdButler makes no guarantees of any kind regarding the use or the results derived from any Services in terms of dependability, accuracy, security, timeliness, availability, reliability, or usefulness. The Services and all related materials are provided "AS IS" without warranty of any kind. ADBUTLER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADBUTLER DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT THE SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN THE HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS THAT YOU SELECT.

8. Limitation of Liability

   IN NO EVENT WILL ADBUTLER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT ADBUTLER IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
   
   FURTHERMORE, IN NO EVENT WILL ADBUTLER'S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY ADBUTLER FROM YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS PRECEDING THE EVENTS OR CIRCUMSTANCES GIVING RISE TO LIABILITY, OR, IF SUCH LIABILITY ARISES FROM ANY PARTICULAR SERVICE(S), THEN ADBUTLER'S LIABILITY WILL BE LIMITED TO THE FEES YOU HAVE PAID TO ADBUTLER FOR THE PARTICULAR SERVICE(S) DURING SUCH THREE-MONTH PERIOD. Without limiting the foregoing, AdButler is not responsible for any of your data residing on AdButler hardware. You are responsible for backing-up your data and information that may reside on AdButler's hardware or Network, whether or not such information is produced through the use of the Service.

9. Indemnification

   You agree to indemnify, hold harmless, and (at AdButler's request) defend SparkLIT Networks Inc and its officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorneys' fees and expenses) incurred in connection with any claim related to (a) your breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information you supply to AdButler or make available to any third party, including your registration data and the content of the web pages corresponding to the URLs you submit to AdButler. This obligation shall survive any termination of your relationship with AdButler.

10. Sole And Exclusive Remedy

    If you are dissatisfied with any portion of any Service, your sole and exclusive remedy is to cancel your account or your subscription to the given Service according to this Agreement. No refunds are available except as expressly provided in the Section entitled "Refunds" above.

11. General Provisions

    The laws of the Canada and the Province of British Columbia govern this agreement. You hereby consent to the jurisdiction of and venue in courts located in Victoria, BC in all disputes arising out of or relating to this Agreement or your use of the Services. In addition, you hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against AdButler. The prevailing party in any dispute relating to the Services or this Agreement will be entitled to recover its costs, expenses and reasonable attorney fees incurred in connection with such dispute.
    
    This Agreement, along with AdButler's other terms, conditions, and policies referenced herein, constitutes the entire agreement between you and AdButler with respect to the Services. To the extent of any conflict between this Agreement and AdButler's Website Terms of Use (located in the Agreements & Policies section of AdButler's website), the Website Terms of Use will govern your general use of AdButler's website, and this Agreement will govern your use of the Services in particular. If any part of this Agreement is held to be unenforceable, that part will be amended to achieve its intended effect as nearly as possible, and the remainder of the Agreement will remain in full force.
    
    No party shall be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond the party's reasonable control, including without limitation, acts of any governmental body or failure of the software or equipment of third parties. Except as provided otherwise herein, any notice given under this Agreement will be made in writing by email and will be effective on the business day after it is sent. You may not assign this Agreement, and any attempt to do so is void. You acknowledge that your account is part of the AdButler network, and, consequently, you will receive periodic announcements and information regarding AdButler's services. You may request to be removed from the network's news mailing list at any time.

12. Questions

    If you have any questions about this Agreement or AdButler's Affiliate Program, please contact AdButler. Thank you for choosing. We look forward to doing business with you and hope you find our services valuable.

AdButler is committed to protecting your privacy and ensuring that your experience with our services is a positive one. This policy outlines our handling practices for email,
mailing lists, newsletters, and associated information. We encourage you to read this policy to ensure you understand AdButler's practices. Users of the website may also
be interested in the Privacy Policy.

Collection of Email Addresses

We do not collect email addresses from web-spiders, mailing-list services, spam lists, or other third-party sources. AdButler only collects email addresses of clients, affiliates,
vendors, users of our services, and others with whom we have a business relationship.
‍
We only collect email addresses on an opt-in basis, and we will only use these addresses for the purposes stated at the time they were collected.

Sharing of Mailing Lists and Emails

We do not sell or rent Mailing Lists or Emails gathered through our services. AdButler considers all mailing lists to be the property of the owner of the product or service for
which they were gathered. We do not share, sell, rent, distribute, or use mailing lists (in whole or in part) belonging to our clients.

We may store or replicate this information within our own servers as a normal part of providing the services for which they were collected. At any time, the owner of the mailing list may contact us and have this information deleted.

We may respond to subpoenas, court orders, or legal process by disclosing your personal information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.
‍
We may collect and possibly share personal information and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of AdButler's terms of use, or as otherwise required by law.

Unsubscribing

We recognize your right to opt out of future communications at any time. Any ongoing communications sent by AdButler include instructions on how you can unsubscribe from that particular mailing.

You may also unsubscribe from AdButler's various mailings by sending a letter, including your name, email address and the title of the material you wish to unsubscribe from to:
AdButler Attention:Privacy
4110 Shelbourne St
Victoria, BC
Canada
V8N3E7

Unsolicited Mailing (Spam)

We take spam/unsolicited mail very seriously. AdButler makes every effort to ensure that emails are sent only to interested parties who have explicitly expressed interest in that communication.

Some of our services make it possible for our premium clients to send email to their own mailing lists. We offer these services on good faith, and it is our policy that any user-entered mailing list must be composed of opt-in emails that the owner has been authorized to contact. Failure to comply with this policy may lead to a loss of mailing privileges or the closing of your account.

If you have been sent any form of unsolicited or offensive material that was generated using AdButler's services, we want to hear about it. Please follow the directions on
the Spam/Abuse page for generating an online report.

Guidelines for Client Generated Email

AdButler's content guidelines are laid out in section 3(b) of our Membership Agreement. In addition, we require the following of any
mailing lists or email addresses to which mail will be distributed using AdButler's services:

(a) inclusion in the list must be voluntary, and must be entered into knowingly by the intended recipient,
(b) the content and nature of material being sent must be adequately and accurately disclosed at the time of registration,
(c) any request for removal from the list must be honored within a reasonable time (we may automate this process),
(d) if material of a mature/adult nature is being sent, the list must have been screened to prevent the inclusion of minors,
(e) if the list has been received from a third party, you must warrant that the author of the list complies with the points above.

If you have been sent any form of unsolicited or offensive material that was generated using AdButler's services, we want to hear about it. Please follow the directions on
the Spam/Abuse page for generating an online report.

Users of the AdButler site agree to abide by our General Terms of Service and Membership Agreement.

AdButler services are used for communication, self-expression and freedom of speech. We believe our services promote these values.

All complaints and requests for action must be submitted via mail or fax; we cannot respond to email or telephone complaints. Our technical support staff will not be able to assist you with legal matters.

We respect our users' ownership of and responsibility for the content they choose to share. We believe that censoring this content is contrary to our goals as a service.

However, there are some boundaries as to the type of content that may be hosted, linked, or in any way connected with AdButler. The boundaries are those which allow us to comply with legal requirements and that serve to enhance the service for everyone.
‍

• Personal Abuse

• Subpoena/Court Order

• Illegal Pornographic Material

• Copyright Infringement

• Private and Confidential Information

• Unlawful Use Of Services

• Hateful Content

• Violent Content

• Spam, Malicious Codes and Viruses

1. Personal Abuse

   Definition
   Linking, referring to, uploading, posting, emailing or otherwise transmitting any Content that is threatening, abusive, tortious, defamatory, or libelous.
   
   AdButler is one of the world's largest online services, and it should come as no surprise that users occasionally link, or otherwise refer to materials that someone may find objectionable. Unfortunately, AdButler cannot evaluate the propriety of the hundreds of thousands of new advertisements, links, or referrals made on its service each day. For example, we are simply not in any position to evaluate an allegation that a particular post is defamatory.
   
   It is for this reason that under United States federal law (47 U.S.C.), service providers like AdButler are not liable for content posted to their services by third parties. Accordingly, AdButler will not, as a matter of practice, remove links or referrals based on allegations of abuse without legal process that AdButler reasonably believes compels a response. By contrast, where a party presents a court order establishing that particular content is abusive and should be removed, AdButler will respond as it believes appropriate. We will also respond appropriately to intellectual property claims, and may remove any post as we see fit, in accordance with our Terms of Service.
   
   Procedure
   All requests or information related to subpoenas and court orders in conjunction with abuse should be mailed or faxed to SparkLIT headquarters, attention: Legal Department
   

2. Subpoena/Court Order

   Definition
   Any legal process that AdButler reasonably believes compels a response.
   
   Procedure
   All requests or information related to subpoenas and court orders in conjunction with abuse should be mailed or faxed to SparkLIT headquarters, attention: Legal Department
   

3. Illegal Pornographic Material

   Definition
   Posting, linking to, referring to, or otherwise causing to appear, any material AdButler reasonably believes to constitute or solicit illegal activity, including but not limited to: child pornography, pedophilia, incest, bestiality.
   
   Procedure
   Fill out and send a Legal Issue Submission Form. Select "Posting of Illegal Material" under "Specify Your Issue"
   

4. Copyright Infringement

   Definition
   It is AdButler's policy to respond to clear notices of alleged copyright violation
   
   Procedure
   Fill out and send a Legal Issue Submission Form
   Select "Copyright Infringement" under "Specify Your Issue"
   In the description, include URL's that contain the specific posts that you believe are in violation; where appropriate, provide a description of the posts, including user name and a description of contents. Also include information required for DMCA compliance.
   

5. Private And Confidential Information

   Definition
   We do not allow the publishing of private confidential information (for example credit card numbers, social security numbers, driver's license numbers)
   
   Procedure
   Fill out and send a Legal Issue Submission Form
   Select "Violations of Privacy" under "Specify Your Issue"
   

6. Unlawful Use of Services

   Definition
   Our products and services should not be used for unlawful purposes or for the promotion of illegal activities.
   
   Procedure
   Fill out and send a Legal Issue Submission Form
   

7. Hateful Content

   Definition
   Users may not publish material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity.
   
   Procedure
   Fill out and send a Legal Issue Submission Form
   

8. Violent Content

   Definition
   Users may not publish direct threats of violence against any person or group of people.
   
   Procedure
   Fill out and send a Legal Issue Submission Form
   

9. Spam, Malicious Codes And Viruses

   Definition
   We do not allow transmitting of viruses, malware and unsolicited commercial ads.
   
   Procedure
   Fill out and send a Legal Issue Submission Form
   

AdButler has always embraced “Privacy by Design”, and because of this, we have a very small footprint on your users’ browsers. AdButler only has a small number of features that involve cookies to carry out their respective functionalities. Both of these cookies do not store any personal data (including personal IDs) which means that you do not need to collect explicit consent from your users before using these AdButler features.

Although the GDPR was not meant to address non-personal data, there was a misalignment on the implementation of two new regulations: GDPR and ePrivacy Regulation. ePrivacy regulation was intended to replace the Data Protection Directive, which was repealed on May 25, 2018, but the ePrivacy Regulation has been delayed. In order to address the impending relatory gap that handles cookie privacy, a provision was added to the GDPR that says that references to the Data Protection Directive “shall be construed as references to this Regulation [the GDPR]”.

Because of this provision, and the fact that the Data Protection Directive addresses consent for cookies in general (not specifically those with personal data or IDs), there will be a period of time where GDPR transparency is required for cookies containing non-personal data.

Accordingly, you will need to disclose the following information to your EU users regarding these two cookies.

AdButler Frequency Capping Cookie

Data Collected

• 
  A non-personal ID that links to the zone and/or advertisement (not the individual)
• 
  A timestamp

Purpose of Cookie

• 
  Ensure that a user does not see the advertisement repeatedly

Duration of data stored

• 
  The duration for this cookie is set by the administrator within the AdButler interface each time it is used

Extent of Data Processing

• 
  The data this cookie collects is not shared with any third parties and is used exclusively by AdButler for the reason mentioned above. This information cannot be used to uniquely identify an individual.

AdButler Conversion Tracking Cookie

Data Collected

• 
  A non-personal ID that links to the zone and/or advertisement (not the individual)

Purpose of Cookie

• 
  Allow attribution of an advertisement to a desired goal. This does not track an individual, only the source advertisement

Duration of Data Stored

• 
  This cookie expires within 180 days

Extent of Data Processing

• 
  The data this cookie collects is not shared with any third parties and is used exclusively by AdButler for the purpose mentioned above. This information cannot be used to uniquely identify an individual.

Please note that if you do not use AdButler Frequency Capping or AdButler Conversion Tracking, you do not need to disclose this information to your EU users.

AdButler has always embraced “Privacy by Design”, and because of this, we have a very small footprint on your users’ browsers. AdButler only has a small number of features that involve cookies to carry out their respective functionalities. Both of these cookies do not store any personal data (including personal IDs) which means that you do not need to collect explicit consent from your users before using these AdButler features.

Although the GDPR was not meant to address non-personal data, there was a misalignment on the implementation of two new regulations: GDPR and ePrivacy Regulation. ePrivacy regulation was intended to replace the Data Protection Directive, which was repealed on May 25, 2018, but the ePrivacy Regulation has been delayed. In order to address the impending relatory gap that handles cookie privacy, a provision was added to the GDPR that says that references to the Data Protection Directive “shall be construed as references to this Regulation [the GDPR]”.

Because of this provision, and the fact that the Data Protection Directive addresses consent for cookies in general (not specifically those with personal data or IDs), there will be a period of time where GDPR transparency is required for cookies containing non-personal data.

Accordingly, you will need to disclose the following information to your EU users regarding these two cookies.

AdButler Frequency Capping Cookie

Data Collected

• 
  A non-personal ID that links to the zone and/or advertisement (not the individual)
• 
  A timestamp

Purpose of Cookie

• 
  Ensure that a user does not see the advertisement repeatedly

Duration of data stored

• 
  The duration for this cookie is set by the administrator within the AdButler interface each time it is used

Extent of Data Processing

• 
  The data this cookie collects is not shared with any third parties and is used exclusively by AdButler for the reason mentioned above. This information cannot be used to uniquely identify an individual.

AdButler Conversion Tracking Cookie

Data Collected

• 
  A non-personal ID that links to the zone and/or advertisement (not the individual)

Purpose of Cookie

• 
  Allow attribution of an advertisement to a desired goal. This does not track an individual, only the source advertisement

Duration of Data Stored

• 
  This cookie expires within 180 days

Extent of Data Processing

• 
  The data this cookie collects is not shared with any third parties and is used exclusively by AdButler for the purpose mentioned above. This information cannot be used to uniquely identify an individual.

Please note that if you do not use AdButler Frequency Capping or AdButler Conversion Tracking, you do not need to disclose this information to your EU users.