1. Introduction
BackLinks Genius is an advertising system that connects bloggers with advertisers in an online platform, where advertisers can buy text links to their website on blogger blogs in articles (hereafter referred to as the "Service").
Please carefully read THESE TERMS AND CONDITIONS (“the Agreement”) related to BACKLINKS GENIUS (“BG”) provided by BackLinks Genius Ltd, incorporated at 2 Tintagel Close, Rushden, Northamptonshire, NN10 0QN, United Kingdom, Company No. 7162082 (hereafter referred to as the “Company”). If you agree with these terms and conditions as listed here, you can sign up for the Service. If you do not agree with the terms and/or conditions listed below, you cannot use the Service. Each time you use the Service, the most current version of the Terms and Conditions of Service will apply.
The Terms and Conditions of Service will be available at all times at BG websites www.backlinksgenius.com, www.backlinksgenius.cz and at BG application / administration / client area https://www.backlinksgenius.com or https://my.backlinksgenius.com (hereafter referred to as the "Platform") and are owned and operated by the Company, which provides access to you (hereafter referred to as the "Customer,” “Advertiser,” “Blogger,” “Affiliate” under the following conditions below.
Persons who are in any way connected and / or working for any search engines cannot become a Customer or use the Service, nor authorize another person to register with BG and use the Service on their behalf.
In this Agreement:
- “Advertiser” means collectively any person or entity who participates in the Service with the aim of buying text links, and who is a Customer of BG.
- “Blogger” means collectively any person or entity who participates in the Service with the aim of making money on his or her own website/blog and who is a Customer of BG.
- “Affiliate” means collectively any person or entity that directly or indirectly controls any Advertiser or Blogger and/or that is looking for Advertisers or Bloggers who will sign up for and use the Service and that is a Customer of BG.
- “Link” is a hypertext internet address (URL/URI) that directs to Advertiser website/blog/domain etc. Links are do-follow and text only.
- “Permanent Link” is a Link, that has a guaranteed period of showing (is active) 100 days. Because we do not own blogs - domains where is Link placed, it can happen anytime naturally and it can be for example removed or disappear itself (blog is shut down, article removed etc.). But if it disappear within 100 days, refund will be given to the Advertiser, because BG care of satisfaction of all customers.
- “Service” means the Company’s business of selling Links on Bloggers blogs/ websites to Advertisers, in accordance with this Agreement, and any terms or other information contained on the BG website (including the Privacy, Returns and Copyright Policies).
2. Confidentiality regulations
Under no circumstances shall a Customer disclose, or use information about any other Customer they obtain through the Service, including that other Customer’s URLs, Links, keywords, domain names, e-mails, IP addresses of websites and/or blog posts.
3. Description of service
A. The Company provides a platform through which an Advertiser can obtain Links on the website or blog posts of Bloggers. In order to access and use the Service, Advertiser’s and Blogger’s must become a Customer by completing a registration form on the BG website, and they will obtain a unique user name and password details. The Customer can only access the Service through the use of that user name and password. The Customer is responsible for preventing any other person from accessing the Service through the use of their user name and password, and BG reserves the right to suspend access, or change any user name and password at any time. Customer is liable for any acts or omissions committed through the use of their user name and password, even if they did not authorize them.
B. To order Links, an Advertiser must first transfer payment to the BG account via a bank transfer (not available in all countries), credit/debit card, or Moneybookers payment. The Advertiser does so only after receiving a call for payment from the BG system. The minimum payment is $10 (or the equivalent in other currencies).
C. The Advertiser enters a linkbuilding campaign and set a daily spending limit, or sends an order with known price per specified number of links and required quality. BG will match an Adverisers linkbuilding campaign with particular blog posts. If the Advertiser agrees with the indicated charges, they must indicate how they wish to pay the charge. Once BG receives the payment, the Advertiser receives a tax receipt, thereby entering into an agreement to purchase Links (“a Link Order”).
D. To supply Links, a Blogger must have their blog accepted by BG. The Blogger must provide BG with any other information required by the website. Once the Blogger has completed the relevant steps on the website, and an Advertiser has placed an order for Links that the Blogger can provide BG will automatically create Links on the Blogger’s website/blog, and the Blogger hereby provides BG with a license to create these Links on the Blogger’s website/blog. The Blogger must comply with any technical requirements, as detailed on the BG website or in the BG Platform area, in order to receive payment for the Links. Payment for the Link is based on the ranking of the Link (as detailed on the BG website) and the period of time that the Advertiser pays for that Link. The Link will automatically be removed when Advertiser ceases to pay for that Link, and Blogger is only entitled to payment for the time that the Link appears on their blog post.
E. The Company has the right to suspend any Customer’s access, or Customer account at any time, without any notice or compensation if the Customer breaches any term of this Agreement.
F. BG does not warrant that the Service will be fit for any particular purpose, or that the Service will be suitable for any particular business requirements. BG is not responsible for the content of Blogger’s posts or websites, the Links themselves and/or the actual products or services of any Advertiser. BG is not acting as the agent of any Customer, but is an independent contractor.
4. Warranty
A. Blogger agrees that all content they produce will be original content.
5. Marketing
BG reserves the right to send advertising/business/newsletter/system messages via e-mail to any Customers using the Service. Customer has the right to unsubscribe from receiving such e-mails at any time. BG will not sell or provide any Customers’ details to any third party.
6. Billing
A. The Blogger and Affiliate have the right to request a withdrawal from their account to their nominated bank account (not available in all countries) or Moneybookers account once there is minimum balance of $50 (or equivalent in other currencies). No additional charges apply. Payouts are only send once per a month.
B. BG pays Bloggers a minimum of 50% of the amount that Advertisers pay for BG’s services. BG awards Affiliates a percentage of funds generated from Advertisers and paid to Bloggers—namely, 10% for Advertisers and 2%-5% for Bloggers (based on the particular level, as detailed on the BG website). Percentages are based on completed transactions and funds paid out by BG.
6. Management services
The Company has the right to suspend the Customer’s access, or Customer account at any time, without any notice or compensation if the Customer breaches any term of this Agreement.
7. Copyright
The Customer acknowledges that the BG website and client area are protected by copyright laws and that the Customers can only use them while observing the relevant copyright laws.
8. Application
The Customer may not use BG or its website for any purpose that is illegal, obscene, defamatory, racist or offensive in any way. The Customer is legally responsible for providing the content and data, both to BG and third parties, on the terms of this Agreement. Customer agrees not to promote the Company and/or BG through the use of any illegal and unethical methods such as SPAM, nor use or permit the transfer of any computer viruses, such as malware, adware, spyware.
9. Exclusivity regulations
A. Bloggers are not allowed to change the PHP script, which provides good links to upload content and Advertisers may also use other advertising systems, which modify the HTML code used to publish articles on the website. At the same time, the Blogger acknowledges that the blog posts provided on its website are included directly on the website, and not through the “frames,” “iframes,” or “javascript.”
B. Advertiser is aware, that the blogs of Bloggers may contain content which includes Links to competitors of the Advertiser. BG does not guarantee that the blog will contain exclusively Links to the Advertiser. Number of advertising BG Links in any one blog post is limited to a maximum of 5 BG Links from 2 different Advertisers. This excludes any other promotional links that Blogger may put into the blog post.
10. Disputes
A. The Services are subject to BG’s Cancellation and Returns Policy on our website. Advertiser will not be entitled to any refund of the payment for the Link. If Advertiser has any comments for the unapproved Link, Advertiser can contact BG to provide feedback and have their issue addressed.
11. Disclaimers
A. The Company is not obliged to monitor any content that any Customer provides to BG. The Company does not guarantee the accuracy of any Link, and the Blogger assumes all risks associated with their own published content.
B. Services provided to Customer are provided "as is" without warranty of any kind, either express or implied, including any warranties of merchantability, fitness for purpose, quality, or accuracy.
C. If the Company reasonably believes that any Blogger or Advertiser content violates any laws, breaches third party copyright, is obscene, defamatory, racist, or offensive in any way, then the Company reserves the right to terminate the Customer account, or provide any assistance to any authority or lawful direction in relation to that Content.
D. BG has the right to reject any Customer without any explanation.
E. All bloggers content must be unique, not duplicated / stolen / parsed from others website. BG does not permit blogs that are primary for making money through BackLinks Genius by its automatic content / copied content / duplicated content, parts from other blogs or websites, or content that was bought on article databases. All blogs / websites and their subpages that are used for placing links through BG must have enabled indexation for web robots, must have PageRank 1 or more (real, not fake), and must be already indexed by major search engines and enable for all placed links. The Company has the right to terminate the Blogger’s account without any refunds, and apply a fee up to 100% from earned amount to Blogger earnings in BG, for any breach of this Agreement.
12. Limitation of Liability
The Customer agrees to indemnify and hold harmless the Company from any claim, cost, legal expense, liability or other expense, caused by the Customer’s illegal, negligent, criminal, or fraudulent conduct, or any act which breaches this Agreement. The Company’s maximum liability to any Customer, however so arising, is limited to the fee paid, or received by the Customer, or $100, whichever is the lessor.
13. Confidentiality
Customer agrees not to reveal any confidential information to anyone without prior written consent. Such confidential information includes, without limitation, all business software, technology, programming, technical specifications, materials, guidelines, and any other information which is, or would be considered "confidential". This excludes information that has become publicly known through no breach by the Customer or the Company. Customer also agrees, that he will never oppose to Company in a public, i.e. write/say false statement about Company and/or the Service.
14. Termination
A Customer may terminate the Service at any time by notifying BG. BG may terminate a Customers access to the Service at any time if that Customer breaches any term of this Agreement, acts illegally, unethically, or in any way that detracts from the name and reputation of BG’s business. Any fees paid by the Customer or the Company are non-refundable. Termination of this Agreement does not waive or cease any rights which accrued prior to termination, including items 7, 10, 11 and 12. The Company reserves the right to cancel a Customer´s account if the Customer´s account is inactive for longer than 6 months and BG will apply fee for cancellation of this account in the remaining balance amount. If Customer violates terms of the Agreement (s), the Customer waives his right to claim payment of all charges and fees, whether in the form of credit, or in the form of money, accounts of the Company.
15. Arbitration
Any dispute and / or claim arising out of this Agreement against BG shall be settled by arbitration court, which will be held in London, United Kingdom, in accordance with the rules of the British Arbitration Association.
16. Miscellaneous
Not passed right under the Agreement in the event of any violation of these provisions does not mean that you can violate other provisions and / or not enforced the law of another. The Company is not responsible for any failure to comply with its obligations under this Agreement. This Agreement may not re-assigned or sub-licensed to third parties. This Agreement shall be governed by the applicable laws of the United Kingdom without regard to conflict of laws. All parties agree that this Agreement is complete and supersedes all prior written and verbal agreements, communications and other agreements related to the subject matter of this Agreement. BG reserves the right to update these Terms and Conditions any time, by providing the Customer with notice.
