These Tenspade Inc. Program Terms are entered into by, as applicable, the Customer signing these Terms or any document that references these Terms or that accepts these Terms electronically ("Customer") and Tenspade Inc. ("Tenspade"). These Terms govern Customer's participation in Tenspade's program(s) and may be modified at any time. Tenspade and Customer hereby agree and acknowledge:
Customer is solely responsible for all content related to Tenspade listings and landing pages. Tenspade is not responsible for anything related to Customer's website and shall not be obligated to provide notice to Customer in the event that Customer's website is not being displayed properly to end users.
Customer shall protect any Customer passwords and takes full responsibility for Customer's own, and third party, use of any Customer accounts. Customer understands and agrees that listings may be placed on any content or property provided by Tenspade, and any other content or property provided by a third party upon which Tenspade places content or advertisements. Customer authorizes and consents to all such placements. Tenspade may modify any of its Programs at any time without liability. Tenspade also may modify these Terms at any time without liability, and Customer's use of the Program after notice that these Terms have changed constitutes Customer's acceptance of the new Terms. Tenspade or Partners may reject or remove any listings or piece of content for any or no reason.
Customer reserves the right to cancel the Agreement at any time without penalty. Notice of cancellation must be made by email, include a reason for cancellation and must be confirmed by Tenspade by email. Cancellation will occur within two business days of receipt of cancellation email. All outstanding fees are due immediately upon cancellation. If any outstanding fees are left unpaid, Customer agrees to pay the collections fees incurred through Tenspade's attempts to collect on the account.
Customer shall be responsible for all charges up to the amount of each IO, or as set in an online account, and shall pay all charges in Rupees or in such other currency as agreed to in writing by the parties. Unless agreed to by the parties in writing, Customer shall pay all charges in accordance with the payment terms in the applicable IO or Program FAQ. Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. Customer is responsible for paying all taxes, government charges, and reasonable expenses and attorneys fees Tenspade incurs collecting late amounts. To the fullest extent permitted by law, Customer waives all claims relating to charges (including without limitation any claims for charges based on suspected invalid clicks) unless claimed within 90 days after the charge (this does not affect Customer's credit card issuer rights). Charges are solely based on Tenspade's measurements for the applicable Program, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Tenspade. Nothing in these Terms or an IO may obligate Tenspade to extend credit to any party. Customer acknowledges and agrees that any credit card and related billing and payment information that Customer provides to Tenspade may be shared by Tenspade with companies who work on Tenspade's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Tenspade and servicing Customer's account. Tenspade may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Tenspade shall not be liable for any use or disclosure of such information by such third parties.
Customer shall not, and shall not authorize any party to:
Customer agrees not to disclose Tenspade Confidential Information without Tenspade's prior written consent. "Tenspade Confidential Information" includes without limitation:
Customer agrees that Tenspade may use Customer's name and logo in presentations, marketing materials, customer lists, financial reports and Web site listings of customers. If Customer wishes to use Tenspade's trade names, trademarks, service marks, logos, domain names and other distinctive brand features ("Brand Features"), Customer may do so, so long as such use is in compliance with this Agreement.
Customer represents and warranties that:
To the fullest extent permitted by law, Tenspade DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.