Terms and Conditions of Service
Posts Genius is an advertising system that connects bloggers with advertisers in an online marketplace, where advertisers can hire bloggers to write and publish blog posts, links, articles and reviews of websites, services, or products on blogger´s blog´s (hereafter referred to as the "Service").
Please carefully read THESE TERMS AND CONDITIONS (“the Agreement”) related to POSTS GENIUS (“PG”) 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 PG websites www.postsgenius.com, www.postsgenius.cz, www.postsgenius.ru, www.postsgenius.de, www.postsgenius.in, www.postsgenius.es, www.postsgenius.net and at PG application / administration / client area https://my.postsgenius.com (hereafter referred to as the "Marketplace") 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.
In this Agreement:
- “Advertiser” means collectively any person or entity who uses the Service to buy blog posts/links/articles/reviews, and who is a Customer of PG.
- “Blogger” means collectively any person or entity who uses the Service to write and publish blog posts/links/articles/reviews on his or her own website/blog for an Advertiser and who is a Customer of PG.
- “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 PG.
- “Post” refers to original (unique and not copied) articles published on a Blogger’s own internet address (URL), written and published for by that Blogger and ordered by an Advertiser. A Post has one or more do-follow hypertext links as required by Advertiser that are direct (without any redirection).
- “Service” means the Company’s business of selling internet advertising space (as Posts) on Bloggers blogs (websites) to Advertisers, in accordance with this Agreement, and any terms or other information contained on the PG 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, Posts, keywords, domain names, e-mails, IP addresses of websites and/or blogs.
3. Description of service
A. The Company provides a platform through which an Advertiser can find a Blogger who is able to provide suitable Posts for the Advertiser’s needs. In order to access and use the site, Advertiser’s and Blogger’s must become a Customer by completing a registration form on the PG 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 PG 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 Posts, an Advertiser must first transfer payment to the PG account via a bank transfer (not available in all countries), PayPal payment, credit/debit card, or Moneybookers payment. The Advertiser does so only after making a payment to the PG system. The minimum payment is $10 (or the equivalent in other currencies).
C. Advertiser’s provide their requirements for particular Post’s onto the PG website. Blogger’s provide details about their particular blog or website, the sorts of Posts they are able to write, and an indication of how the fee will be calculated. This constitutes a standing offer by the Blogger that can be accepted by an Advertiser at any time. PG’s fees are automatically deducted.
D. The Advertiser chooses the websites/blogs listed on PG from which he or she wants to order Posts (the Advertiser can see the exact price per Post). The Advertiser will detail their campaign which outlines their business requirements and specifications, and place an order for Posts from a Blogger or Bloggers (“Post Order.”) The total price for all Posts in that Post Order is provided. If the Advertiser agrees with the indicated charges, they must indicate how they wish to pay the charge. Once PG receives the payment, the Advertiser receives a tax receipt, thereby entering into an agreement to purchase Posts in accordance with that Post Order.
E. Both parties agree to be bound with that Post Order from that time. The Blogger will receive notification of their obligations to complete the Posts in that Post Order, including those business requirements and specifications of the Advertiser, the time period in which the Post Order must be completed, and the price for completing that Post Order. The Blogger is not entitled to any payment for partial completion of a Post Order, failing to complete a Post Order accordance to the details specified by the Advertiser, or for publishing any defamatory, copyrighted, or otherwise unsuitable content within the Post, as determined by PG acting reasonably. If a Blogger does not write and publish a Post according to the agreed-upon time frame as stipulated by the Advertiser in the Post Order, the payment for that Post Order will automatically be returned to the Advertiser’s account.
F. The Blogger must comply with the requirements of PG and the Advertiser in preparing any particular Post as well as any technical requirements, as detailed on the PG website or in the PG client area.
G. 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.
H. PG 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. PG is not responsible for the content of those Posts and/or the actual products or services of any Advertiser. PG is not acting as the agent of any Customer, but is an independent contractor.
4. Warranty and License
A. Bloggers are not allowed to change published Posts any time once approved by Advertiser. Bloggers are obliged to leave published Posts online on the relevant URLs for a minimum of 12 months from the date when Blogger send URLs to those Posts to Advertiser. If Post has been removed during that 12 month period from the specified URL, Blogger is alerted to restore the Post. If the Post is not restored within 48 hours from receiving the notice, Blogger will receive a negative score and the fee from the Advertiser for that Post Order will be refunded from the Bloggers account.
B. Advertisers agree that PG can guarantee only 12 months period that Posts will be online on the same URL on Bloggers blog/website. But if we found in that guarantee period by our automatic periodic control that your article is not published on specified URL, we will give you money back in equal proportion.
C. Blogger agrees to grant to PG and the relevant Advertiser a worldwide, sub-licensable, unconditional, perpetual and transferable license to use, display, perform, reproduce, republish and distribute the Post (or part thereof) in all forms of media without any time limitation.
PG 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. PG will not sell or provide any Customers’ details to any third party.
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 permitted in first and in third week every month. PG maintains a virtual temporary account for each Blogger, where the relevant funds for a Post will remain for 30 days after the Advertiser has approved the published Post. Once Posts have been approved by the Advertiser and have remained published for 30 days, those funds will be transferred from the virtual temporary account to the Blogger’s normal account, and can be withdrawn.
B. PG pays Bloggers a minimum of 60% of the amount that Advertisers pay for PG’s services. PG awards Affiliates a percentage of funds generated from Advertisers and paid to Bloggers—namely, 15% of affiliated Advertisers and 10% of affiliated Bloggers (first level) as well as 5% of affiliated Bloggers (second level). Percentages are based on completed transactions and funds paid out by PG.
6. Management services
The Blogger must comply with the requirements of PG and the Advertiser in preparing any particular Blog, as well as any technical requirements, as detailed on the PG website or in the PG client area. 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.
The Customer acknowledges that the PG website and client area are protected by copyright laws and that the Customers can only use them while observing the relevant copyright laws.
The Blogger warrants that the material they produce is original content, does not breach the copyright of any third party, and has the right to provide the Advertiser with an ongoing license to use and reproduce that content.
The Customer may not use PG 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 PG and third parties, on the terms of this Agreement. Customer agrees not to promote the Company and/or PG 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.
A. Submitted article can be approved or returned back to the Blogger to be completed. The amount of objections is not limited. Advertiser may not discriminate Blogger based on political, spiritual, age, gender or sexual orientation characteristics of the Blogger.
A. The Company is not obliged to monitor any content that any Customer provides to PG. The Company does not guarantee the accuracy of any Post, and the Blogger assumes all risks associated with the 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 remove that content, or provide any assistance to any authority or lawful direction in relation to that Content.
D. PG has the right to reject any Customer without any explanation.
E. All bloggers content must be unique, not duplicated / stolen / parsed from others website. PG does not permit blogs that are primary for making money through Posts 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 PG must have enabled indexation for web robots, 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 PG, for any breach of this Agreement.
11. 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. Blogger’s indemnify PG against any claim, cost, or expense arising from the content of any Post, including claims from Advertisers. 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.
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.
A Customer may terminate the Service at any time by notifying PG. PG 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 PG’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 PG 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. Please note that Blogger is obliged to let published Posts online on the same URLs for a minimum required time from published date otherwise Company will claim full compensation for any payment made under that Post Order.
Any dispute and / or claim arising out of this Agreement against PG shall be settled by arbitration court, which will be held in London, United Kingdom, in accordance with the rules of the British Arbitration Association.
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. PG reserves the right to update these Terms and Conditions any time, by providing the Customer with notice.