Performance Guarantee: Provider (APlusTraffic.com) will deliver the said number of leads in the appropriate time frame and will contain a valid Telephone number and contact. Leads with disconnected, out of service, or a wrong Telephone number may be exchanged on a 1 to 1 ratio.
Termination, Representation, Warranties and Indemnities: APlusTraffic.com reserves the right to terminate this Agreement for any reason, without prior notice to Client. APlusTraffic.com shall deliver notice of termination of this Agreement within five (5) business days of the effective date of such termination. Notice shall be deemed to have been delivered as of the date stamped by the U.S. Postal Service, if sent by first class mail, or on the day transmitted if sent by facsimile transmission or email transmission. If APlusTraffic.com terminates this Agreement due to failure by Client to timely make payment hereunder, notice from APlusTraffic.com can also include voicemail, email and/or telephone notice, which are deemed delivered upon transmission.
Client is solely responsible for any legal liability or obligation arising out of or relating to the products and services provided by APlusTraffic.com.
Client agrees to indemnify and to hold APlusTraffic.com, its officers, directors, employees and agents harmless from any and all liability, loss, damages, claims, or causes of action, including, but not limited to, reasonable legal fees and expenses that may be incurred by APlusTraffic.com or such persons, arising out of or related to the products and services and/or Client's breach of any of the foregoing representations and warranties.
In the event that legal or other collection assistance is required to collect any overdue balance or to enforce any provision of this Agreement, Client shall pay for such legal or other collection assistance, including without limitation reasonable attorney’s fees and expenses.
APlusTraffic.com is not responsible or liable for any errors in content, omissions, consequences, damages, costs, refunds or rebates of any kind arising from any interruption of service or other unavailability of the Internet or Web site.
Miscellaneous: This Agreement supersedes and replaces any existing written or oral agreements between APlusTraffic.com and Client, with respect to the aforesaid products and services, and may be modified only in writing signed by both parties; it being understood that the parties may enter into separate agreements with respect to other products and services. Any failure by APlusTraffic.com to enforce any provision of this Agreement shall not constitute a waiver of any term hereof. This Agreement contains the entire agreement between the parties. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the enforceability of the remaining provisions shall not be affected.