Creator Terms and Conditions

Service

Querymall Inc., a Delaware corporation (hereinafter referred to as "Querymall"), has relationships with advertisers, agencies, and networks (collectively, "Clients") to promote online advertising campaigns ("Campaigns") through its network of creators ("Creators"). Creators promote Campaigns through their online media and publications, including without limitation, websites, blogs, newsletters, e-mail lists, search engines, social media, partner networks, media creators, and other types of Internet property (collectively, "Publications"). Querymall tracks payable Campaign metrics, including without limitation, impressions, clicks, e-mails, referrals, sales, sign-ups, leads, posts, and/or other payable metrics (collectively, "Actions") and pays Creator as per the terms of each Campaign and this Agreement.

Term of the Agreement

The term of this Agreement ("Term") will begin upon approval by Querymall of the application of Creator and shall remain in effect unless terminated by either party according to the termination rights outlined in this Agreement. Notwithstanding, we reserve the right to deny or discontinue Creator's membership at any time. Querymall may amend this Agreement at any time, and Creator's continued participation constitutes acceptance of such changes.

Creator Qualifications

To qualify for Querymall, Creator must (a) truthfully complete the Creator application, (b) comply with all terms of this Agreement and any guidelines provided by Querymall, and (c) complete a W-9 form. Querymall reserves the right to deny or revoke membership if a Creator provides inaccurate information.

Payment Terms

Unless otherwise specified in writing, Querymall will pay the Creator amounts due when confirmed by the Client or on an agreed schedule. If a Creator's earnings do not reach the minimum payment threshold (usually $25), the payment will be held until the balance exceeds this amount. If Client does not pay Querymall, we may withhold or delay Creator's payment.

Prohibited Activities

Creator may not engage in fraud, including but not limited to using bots, generated traffic, or any deceptive practices. Querymall may void Actions, withhold payments, and/or terminate the Creator's account if fraud is detected. Creator may not use spam, unauthorized advertising methods (e.g., unsolicited emails), or any method that could damage Querymall's or its Clients' reputations. Creator must follow all guidelines and restrictions for each Campaign, including specific restrictions on media and methods. Creator must comply with all applicable laws, including the CAN-SPAM Act and FTC guidelines.

Creator Representations and Warranties

Creator represents that they have the authority to enter this Agreement and that their Publications comply with all applicable laws. Creator's Publications may not contain illegal, obscene, defamatory, threatening, discriminatory content, or content that promotes self-harm or targets minors. Querymall may demand removal of Campaign links and withhold payment for non-compliance. Creator must remove any Campaign links from their Publications within 5 days of receiving such demand from Querymall.

Indemnification

Creator will indemnify and hold harmless Querymall and its Clients from any losses arising from Creator's breach of this Agreement or actions. This includes costs like attorney's fees, damages, and claims. Querymall may offset any indemnified amounts against the Creator's account balance.

Limitation of Liability

Querymall's total liability under this Agreement is limited to the amount the Creator is owed at the time a claim is made. Querymall is not liable for indirect, special, or consequential damages. Creator waives any right to specific performance and agrees to seek legal remedies only. CERTAIN STATES MAY NOT ALLOW THESE LIMITATIONS, IN WHICH CASE THEY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Monitoring and Auditing

Querymall has the right to monitor and audit the Creator's activities to ensure compliance with the Campaign guidelines and this Agreement. If issues are found, Querymall may void Actions, recover funds from the Creator, and/or withhold payment.

Site Approval and Rebrokering

Creators may only promote Campaigns on Publications (and, if applicable, their associated URLs) that are listed in their Creator account. It is the Creator's responsibility to ensure that their account includes all Publications (including web site/URLs, media channels, and promotional methods) from which they may promote Campaigns. Campaign promotion from unlisted or unapproved Publications is considered a violation of this Agreement and may be invalidated, non-payable and result in a Creator's account termination. Creators MAY NOT under any circumstances, except if otherwise pre-approved in a written IO, rebroker a Campaign to a third party.

Media and Reporting

Creator will deliver media and/or Actions as set forth in the Campaign terms and description or IO. All reporting and payment to Creator will be based solely upon the reporting provided by Querymall unless otherwise stated in the IO.

Termination

Either party may end this Agreement by giving the other party 30 days written notice. Querymall can also immediately terminate the agreement for certain violations. Sections that are meant to survive termination (like confidentiality and indemnification) will remain in effect.

Campaign Creatives and Links

Querymall gives the Creator a non-exclusive, non-transferable, non sub-licensable, royalty-free license to use and display Campaign Creatives, as long as the Creator sticks to this agreement. Both parties keep any rights not explicitly granted here and reject any unstated licenses, including those related to copyrights, trademarks, and patents.

Screenshots and Video Capture

The Creator consents to Querymall and its Client using screen and video captures of the Creator's Campaign Publications. This could be for various reasons, such as Campaign reporting or for use in marketing materials.

Non-circumvention and Non-competition

The Creator agrees not to compete with or circumvent Querymall's business relationships for three months after the end of this agreement. This includes not working with or soliciting business from any partners the Creator has met through Querymall. Pre-existing relationships the Creator has before this agreement are excluded.

Confidentiality and Non-disclosure

The Creator agrees to keep any confidential information they receive from Querymall secret. This includes things like business plans, client details, and campaign data. The Creator can't share this information with anyone outside the context of this agreement and can't use it to compete with Querymall.

Miscellaneous

This Agreement is governed by the laws of Delaware, USA. Any disputes will be handled in the state or federal courts in Delaware. This Agreement, along with any IOs, forms the complete agreement between the parties.