1. OVERVIEW

This Marketing Applications Agreement (this “Agreement”) is entered into by and between Tiberius Interactive, Inc., a New York company (“TIBINT”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of our Search Engine Visibility service (“Search Engine Visibility”) (individually referred to as “Service” or “Services”), and represents the entire agreement between you and us concerning the subject matter hereof.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Terms of Service Agreement, which is incorporated herein by this reference, and any plan limits presented on the product landing pages, which are also incorporated herein by this reference.   

The terms “we”, “us” or “our” shall refer to TIBINT. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement and/or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement and Service limitations as last revised. If you do not agree to be bound by this Agreement and the Service limitations as last revised, do not continue to use this Site or the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

We offer a variety of products in our Marketing Applications suite of products, including Search Engine Visibility. You may purchase this product. Your purchase and use of this product is subject to both the general terms and conditions and the specific terms and conditions for the product as set forth in this Agreement.

No Endorsement. We do not endorse any of the email marketing campaigns initiated using any of the Online Landing Pages (as defined below), descriptions of services contained on the Online Landing Pages, testimonials contained on the Online Landing Pages, or other user content created through Search Engine Visibility, and expressly disclaim any and all liability or responsibility regarding the same.

Requirements

Any web page you submit when using Search Engine Visibility v1 (i) must resolve to an operational web page, and may not resolve to a DNS error, a 404 error, or any other error message; (ii) must be publicly accessible without the use of passwords or other access codes; (iii) must not reside on a secure server or use any spider blocking technology; and (iv) must have a page title or description relevant to the page content.

No Intellectual Property Infringement.  

You represent and warrant that your web page(s) do not infringe on the intellectual property rights of any third party. You further represent and warrant that we and our search engine and directory partners (individually and collectively) have the right to display and distribute any search listings generated by Search Engine Visibility v1, and to copy, modify or manipulate the search listings as necessary to conform to search engine standards.

Additional Limitations.  

We and our search engine and directory partners reserve the right to refuse or remove any web page from a search engine’s index for any reason. In addition, we explicitly reserve the right to terminate your use of Search Engine Visibility v1 if it comes to our attention that you are using the Service for activities designed to undermine the accuracy, relevance, credibility, or validity of search engine results, such as by “link farming”, “keyword stuffing”, or “spamming” (as such terms are customarily understood in the search engine optimization industry).

Additional Disclaimer of Representations and Warranties.  

In addition to the Disclaimer of Representations and Warranties section contained in the Universal Terms of Service Agreement, we expressly disclaim any guarantee of the level of success you will achieve by using Search Engine Visibility v1. You acknowledge and agree that there is no guarantee that you will be listed by search engines, or that you will achieve significant search engine rankings.

Local Reviews.  

You may have the option to monitor online reviews of your business through Search Engine Visibility v1. If you use the local review tool, your use of the content provided by the tool is subject to the following terms and conditions:

City Grid.

Your use of the licensed content is subject to the CityGrid Terms and Conditions, which are hereby incorporated by reference. You acknowledge and agree that CityGrid may revoke the licensed content at any time.

YellowPages.  

Your use of the licensed content is subject to the Yellow Pages Group Co. API Terms of Use, which are hereby incorporated by reference.

Requirements.  

To use Search Engine Visibility as a standalone product and auto publish you should have the domain for your website registered with TIBINT and permission to edit content on the website for that domain. To auto-publish, you should grant us permission to update DNS settings on your behalf for the domain. To manually publish, you should have the permission to edit content on the domain.

To use Search Engine Visibility through Managed WordPress, Website Builder or Online Store you should have permission to edit content on the website.

In addition, any web page you submit when using Search Engine Visibility must resolve to an operational web page, and may not resolve to a DNS error, a 404 error, or any other error message; and must be publicly accessible without the use of passwords or other access codes.

No Intellectual Property Infringement.  

You represent and warrant that your web page(s) do not infringe on the intellectual property rights of any third party. You further represent and warrant that we and our search engine partners (individually and collectively) have the right to display and distribute any search listings generated by Search Engine Visibility, and to copy, modify or manipulate the search listings as necessary to conform to search engine standards.

Additional Limitations.  

We explicitly reserve the right to terminate your use of Search Engine Visibility if it comes to our attention that you are using the Service for activities designed to undermine the accuracy, relevance, credibility, or validity of search engine results, such as by “link farming”, “keyword stuffing”, or “spamming” (as such terms are customarily understood in the search engine optimization industry).

Additional Disclaimer of Representations and Warranties.  

In addition to the Disclaimer of Representations and Warranties section contained in the Universal Terms of Service Agreement, we expressly disclaim any guarantee of the level of success you will achieve by using Search Engine Visibility. You acknowledge and agree that there is no guarantee that you will be listed by search engines, or that you will achieve significant search engine rankings.

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement.  In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.