INTRODUCTION. This Term of Use (this “Agreement“) shall govern the relationship between OffersPilot (“OffersPilot“), and the party requesting the Services (“You” or “Publisher“) with respect to the advertising service (the “Service“) offered through OffersPilot at www.OffersPilot.com (the “Site“). You and OffersPilot may also be individually referred to herein as “Party” and collectively as “Parties.”

TO USE OR ACCESS THE SERVICES, YOU MUST AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BY CLICKING “I ACCEPT” WHERE INDICATED. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU HAVE NO RIGHT OR AUTHORITY TO ACCESS OR USE THE SERVICES OR EXERCISE ANY OTHER RIGHT IN CONNECTION THEREWITH.

If You have registered for or on behalf of an entity, you are deemed to have accepted this Agreement on behalf of such entity. To the extent Publisher is a comwork of third parties, then Publisher shall be responsible to ensure that such third parties comply with the terms of this Agreement and the terms of the applicable Advertiser Program(s). If you do not agree to the terms of this Agreement in its entirety, You are not authorized to: (a) register as a publisher; (b) use the Service; and/or (c) use the Site, in any manner or form whatsoever. OffersPilot may, in its sole discretion, refuse to register You as a Publisher and/or terminate Your participation in an Advertiser Program (as defined below) at any time for any reason. To the extent that the terms of any Advertiser Program are in conflict or inconsistent with this Agreement, this Agreement shall take precedence and control.

You agree to use the Site, the Service and any additional products and/or services offered by OffersPilot only in accordance with this Agreement. OffersPilot reserves the right to make changes to the Site, Service and this Agreement at any time and the revised version of the Agreement shall become effective after 30 days of being posted on the Site. Following such 30 day period, Your continued use of the Site and/or Service after any such modification thereof shall constitute Your consent to such modification.

In consideration of the mutual covenants and agreements contained herein, the parties, intending to be legally bound, hereby agree as follows:

1. Participation in Advertiser Programs.

1. Accessing Advertiser Programs. Publisher may apply to Advertiser Programs for the opportunity to earn Publisher Fees by promoting Advertisers in accordance with the Advertiser Program terms and this Agreement. Once approved by the Advertiser for acceptance into its Advertiser Program, Publisher consents to and shall be bound by the terms and conditions of the Advertiser Program and Publisher may utilize links to Advertiser’s web site or offers in accordance with the Advertiser Program terms and this Agreement.
2. Advertiser Program Terms. The terms, conditions and other details of an Advertiser Program shall be available through the Site. Transactions qualifying for a Publisher Fee are defined by the Advertiser, the Advertiser Program and the Site.

2. Publisher Requirements with OffersPilot.

1. Registration. To use the Site as a Publisher, You must provide OffersPilot with truthful, accurate and complete registration information. If any such information changes, You must immediately contact OffersPilot to update Your registration information.
2. Valid Information. Publisher agrees to provide OffersPilot and Advertiser with valid information about Publisher and Publisher’s promotional methods and to maintain up to date account information at all times, including accurate and up to date payment details, contact information, web sites used, ownership, and any other information requested by OffersPilot or the applicable Advertiser.

OffersPilot has the right to confirm and check the truth and accuracy of any registration information at any time.

Please note that the verification of Your registration information, specifically, name, address and tax identification number, against a third party database may be considered under certain laws to constitute a “credit check” and You hereby consent to any such verification process. Notwithstanding that, your participation in the Services as a publisher does not depend on Your credit worthiness or financial stability.

If any information is determined by OffersPilot to be misleading, inaccurate or untruthful, OffersPilot may restrict, deny or terminate Your account, Your access and use of the Services and the Site, and/or any benefits derived from Your participation in any Advertiser Program, including the withholding or forfeit (in whole or in part) of any Publisher Fees to OffersPilot.

1. Standards. Publisher represents and warrants that all promotional means utilized by Publisher (a) will not contain objectionable content (including but not limited to content that is misleading, illegal, and/or promoting illegal goods, services or activities), and (b) will not mislead others. You further represent and warrant that the content of Your website and e-mails do not promote, advocate, facilitate or otherwise include any of the following: (i) hate speech or material that discriminates on the basis of race, ethnicity, gender, age, disability, religion or sexual orientation; (ii) investment, money-making opportunities or advice not permitted under law; (iii) violence or profanity; (iv) pornographic, obscene, sexually explicit or related content; (v) material that defames, abuses, is libelous, is tortuous or threatens physical harm to others; (vi) material that displays any telephone numbers, street addresses, last names, URLs, e-mail addresses, any confidential information or any other personally identifiable information of any third person; (vii) material that impersonates any person or entity; (viii) any indication that any statements You make are endorsed by OffersPilot and/or an Advertiser, without OffersPilot’s and/or Advertiser’s express prior written consent.
2. Promotional Method Restrictions. Publisher agrees that it shall comply with all laws and regulations and will not engage in spamming, unlawful mass emailing or any unapproved emailing or in any way fail to comply with the CAN SPAM Act of 2003, 15 U.S.C. 7701, et seq., as amended, or any comparable laws, rules or regulations in any country from or to which Publisher is accessing the Site or the Services or participating in any Advertiser Program, that govern email marketing and advertising. Publisher agrees that its promotional activities will not infringe on the Advertiser’s intellectual property rights, including but not limited to copyright and trademark rights.

Publisher shall not perform trademark bidding or direct linking on search engines including on Google, Yahoo and MSN, when the applicable Advertiser Program prohibits such activity. By “direct linking” this agreement refers to sending traffic directly from the search engine to the Advertiser website without use of an intermediary landing page.

3. OffersPilot’s Services.

1. Access to Site and Service. Advertiser Program data compiled by OffersPilot including, but not limited to, numbers and calculations regarding Transactions and associated Publisher Fees (“Program Data“), will be calculated by OffersPilot through the use of OffersPilot proprietary tracking technology and shall be final and binding on You. Any questions regarding the Program Data must be submitted in writing within fourteen (14) days of initial appearance in the tracking system; otherwise the Program Data will be deemed to be accurate and accepted by You. Publisher understands and agrees that on occasion the Service and/or the Site may be inaccessible, unavailable or inoperable. OffersPilot will attempt to provide the Service on a continuous basis, but is under no obligation to provide the Service or maintain the availability of the Site on a continuous or uninterrupted basis. OffersPilot’s failure to deliver the Service because of technical difficulties does not represent a failure to meet the obligations of this Agreement.
2. Tracking Publisher Fees. OffersPilot shall track actual Publisher Fees that should be credited to Publisher’s account. OffersPilot may, from time to time in its sole discretion, apply an estimated amount of Publisher Fees if there is a verified error in Advertiser’s tracking code.
3. Payment of Publisher Fees. Subject to other provisions in this Agreement, OffersPilot shall credit the Publisher’s account with a Publisher Fee for each qualifying Transaction in accordance with the Advertiser’s payout rate and Advertiser Program terms. On 31st each calendar month, OffersPilot will credit to the Publisher any positive balance in Publisher’s account for Transactions reported for the applicable period. OffersPilot shall have no obligation to make payment of any Publisher Fees for which payment has not cleared to OffersPilot of all monies due to OffersPilot, including for all Publisher Fees owed by such Advertiser to all of Advertiser’s Publishers..

All Publisher Fees will be paid in US Dollars ($US). Notwithstanding anything contained herein to the contrary, no Publisher Fees will be issued for any amounts due to Publisher that total less than two hundreds dollars ($200.00) (“Payment Threshold“).

Every Publisher must have a unique, valid taxpayer identification number, valid Social Security Number, or other applicable unique government identification. Publisher shall be responsible for all applicable taxes.

1. Fraud. OffersPilot monitors traffic, Transactions, Publisher Fees and other Advertiser Program-related activities for potential fraud. If OffersPilot suspects that Your account has been used in a fraudulent manner, Your account may be deactivated effective immediately and with no notice to You pending further investigation. OffersPilot reserves sole judgment in determining fraud and You agree to be bound by any and all such determinations. It is the obligation of Publisher to prove to OffersPilot that it has NOT engaged in fraud. If you are unable to provide OffersPilot with satisfactory evidence that You have not engaged in fraud within seven (7) days of Your Publisher Fees being placed in “Pending or Delayed Status,” then OffersPilot may terminate Your account and cancel payment on the applicable Publisher Fees, at its sole discretion and without any further obligations to You. 

4. Confidentiality.

Each Party will take commercially reasonable actions designed to protect the Confidential Information of the other Party from misappropriation and unauthorized use or disclosure, and at a minimum, will take precautions at least as great as those taken to protect its own confidential information of a similar nature. The receiving Party may disclose Confidential Information of the disclosing Party to the extent necessary to comply with applicable Law. Upon request of the other Party, or in any event upon any termination or expiration of this Agreement, each Party will return to the other or destroy all materials, in any medium, which contain, embody, reflect or reference all or any part of any Confidential Information of the other Party. This Agreement shall be the Confidential Information of OffersPilot.

5. Term.

The Agreement shall commence upon OffersPilot’s acceptance of Your publisher application and remain in effect until terminated as set forth herein.

6. Termination.

Either party may terminate this agreement at any time. In addition, OffersPilot reserves the right, in its sole and absolute discretion, to terminate an Advertiser Program, suspend Your participation in an Advertiser Program and/or remove any Creatives at any time for any reason. OffersPilot also reserves the right to terminate Your access to the Site at any time. Termination notice may be provided via e-mail and will be effective immediately. Upon termination, Publisher agrees to immediately remove from its Publisher website(s) any and all Creatives, OffersPilot code or other intellectual property made available to Publisher in connection with its performance under the Agreement. 

7. Representations and Warranties.

The Parties hereby acknowledge and agree that Publisher is solely responsible for the method in which the Creatives are disseminated. You represent and warrant that You will not engage in any activities that violate any Advertiser Program’s terms and conditions. Moreover, You represent and warrant that: (a) Your Publisher website and/or Publisher e-mails are represented by a legitimate second-level domain name (e.g. yoursite.com is acceptable; however, a shared server, e.g., sharedsite.com/yoursite, is not acceptable); (b) Your Publisher website is not offered as a part of a community-based website personal entry or personal page; (c) Your Publisher website and Publisher e-mails do not incentivize users to click on Creatives, including by awarding users cash, points, prizes, and/or contest or sweepstake entries or any other incentives (“Incentives”). 10. Limitation of Liabilities.

THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE SITE AND THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OffersPilot HAS NO LIABILITY, WHATSOEVER, TO PUBLISHER OR ANY THIRD PARTY, FOR PUBLISHER’S USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE AND OffersPilot DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT PUBLISHER’S USE OF SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OF THE ADVERTISER PROGRAMS WILL BE AVAILABLE TO PUBLISHER. OffersPilot SHALL NOT BE RESPONSIBLE FOR THE FAILURE OR OTHER ACTS OR OMISSIONS OF ANY ADVERTISER.

8. Indemnification.

Publisher shall indemnify, defend, subject to Section 11(b), and hold harmless, OffersPilot and its respective parents, subsidiaries and affiliates, and each of their respective directors, officers, employees, agents, successors and assigns against any third-party claim, suit, action, judgment, allegations, or lawsuits (“Claims“), for any damages, fines, penalties, deficiencies, losses, liabilities, obligations, costs and expenses (including without limitation reasonable attorneys’ fees, costs related to in-house counsel time, court costs and witness fees) (collectively “Losses“) or any threatened Losses arising from or in connection with Publisher’s breach of this Agreement or intentional acts or omissions or for Claims of product liability.

9. Severability, Waiver, Remedies Cumulative.

Any provisions of the Agreement which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction. A Party’s waiver of any term or condition of this Agreement shall not be deemed a continuing waiver. The rights set forth in this Agreement are cumulative and in addition to those otherwise provided by law and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies.

10. Jurisdiction and Venue.

The Agreement shall be construed, governed and enforced under and in accordance with the internal laws of the Commonwealth of Pennsylvania. Any and all disputes or controversies whether of law or fact of any nature whatsoever arising from or with respect to this Agreement shall be decided by arbitration by the American Arbitration Association (“Arbitrator”), in accordance with the rules and regulations of that Arbitrator. 

11. Force Majeure.

OffersPilot shall not be liable to Publisher by reason of failure or delay in the performance of its obligations hereunder on account of telecommunications, Intercom or comwork failure or interruption, results of computer hacking, Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes, natural disasters or any other cause which is beyond the reasonable control of OffersPilot.

This agreement was last updated on Jan 7th 2025.