Terms & Conditions
2. Acceptance of Terms and Conditions
The Vadmark service and the Vadmark Web sites (referred to hereafter as "the Vadmark Service", or "the Service") are owned and operated by Walshaw Internet Services; ABN 43 549 443 349 (referred to hereafter as "Vadmark").
The Service is open for membership to all individuals of age 18 years or over. Vadmark membership is conditional upon acceptance and full compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on Vadmark (referred to hereafter as 'Terms and Conditions'). Submission of the membership signup form constitutes the member's acceptance of the Terms and Conditions. Because the member is bound by these Terms and Conditions, the member should periodically refer to them here. Vadmark reserves the right to vary the specifications, fees, rules, procedures, and conditions of any element of Vadmark at any time without notice. Vadmark reserves the right to vary the Terms and Conditions by providing 30 days notice on this website.
3. Condition of Membership
Vadmark reserves the right to terminate the membership of any individual who violates the following conditions of membership:
- The member must not send unsolicited email ('SPAM') to strangers to promote Vadmark;
- The member must not join or use the Service on behalf of another party without that party's explicit consent;
- Each registered email address can only belong to one member;
- Any other reason deemed inappropriate in the opinion of Vadmark.
Vadmark also reserves the right to terminate the membership of any individual without cause or reason.
4. Member Communication
On the sign up form, by checking (clicking on) the box next to the statement 'Check this box if you would like to receive emails from us with the latest news and information concerning Vadmark', the member voluntarily consents to receiving email communication from Vadmark concerning news and notices regarding the Vadmark Service in general.
On the sign up form, by checking (clicking on) the box next to the statement 'Check this box if you would like to receive emails from our partners concerning webmaster related topics', the member voluntarily consents to receiving email communication from carefully selected Partners of Vadmark concerning news deemed relevant to webmasters.
5. Payments to Members
All Vadmark member account balances have no cash value and the member shall have no property rights or other legal interests in balances earned, unless otherwise notified by Vadmark.
Vadmark is not liable for account withdrawals to the member's Paypal account where the member has not accumulated an account balance of at least $25.00 value. In addition, the reward of deposits into a member's Paypal account is solely at the discretion of Vadmark.
Vadmark reserves the right to request a copy of a proof of identification document, for account verification and security purposes, before granting a request for an account balance withdrawal. Where the member is unable to provide a copy of a proof of identification document, Vadmark may deny the request for an account balance withdrawal and may also, at its discretion, cancel the membership account.
The member is solely responsible for the handling of any account balance once it has been deposited into a Paypal account.
While Vadmark endeavours to keep the Service error free, if account funds are credited to a member due to a human or computer error, Vadmark reserves the right to adjust or reverse such a transaction without notice.
Upon termination of membership, the member will forfeit all pending account payments for link campaigns sold. The member will also forfeit the funds in their available account balance if they do not exceed $1.00.
6. Communication Facilities
The Vadmark Service provides a messaging system (referred to hereafter as the 'Messaging System') that enables members to communicate with each other and with the Vadmark support team. It is a condition of your use of the Messaging System and your access to Vadmark that you do not do any of the following:
- send any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
Violations of these terms relating to Messaging System may result in a pending account payment or available account funds penalty and/or cancellation of your membership.
Vadmark reserves the right to monitor the contents of communications sent through the Messaging System. In the event of member disputes, all contents of messages sent through the Messaging System may be accessed and used by Vadmark Support in making its resolution decisions.
Vadmark is not responsible for any contents in messages sent through the Messaging System by its members. By accepting the Terms and Conditions you expressly acknowledge and agree that the Messaging System provides a means of public and not private communications.
Vadmark reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone sending materials which violate any applicable or relevant law.
7. Vadmark Facilities and Services
For any link purchase between two members, the member who has purchased a link position on another member's website is hereafter referred to as 'the Advertiser.' The member who has sold the link position on his/her web site to the other member is hereafter referred to as 'the Publisher.'
Because user authentication on the Internet is difficult, Vadmark cannot and does not confirm each user's purported identity.
7.1 Link Purchases
Vadmark is not responsible for the appropriate delivery of purchased link campaigns by the Publisher. Vadmark reserves the right, but has no obligation, to provide refunds to the Advertiser if the Publisher as broken one of the Vadmark Terms and Conditions.
Vadmark has no control over the quality, safety or legality of the link campaigns or content posted by Publishers using the Service, nor the truth or accuracy of the listings. We cannot ensure and do not guarantee that a Publisher or Advertiser will act lawfully in using the Service.
It is a condition of a purchase of an advertising package from another Vadmark member that the Advertiser does not do any of the following:
- You do not change the contents of your web site, or the link itself, that is being advertised to include material that the Publisher would deem to be inappropriate for his/her visitors. If you change the nature of the content on your site significantly without giving the Publisher prior notice, then Vadmark reserves the right to cancel your link early and pay the Publisher the full amount due.
As a buyer of an advertising package from another Vadmark member, the Advertiser has the right do all of the following:
- Cancel link renewals at any time without prior notice to the Publisher.
Vadmark reserves the right to pay the Publisher for an Advertiser' purchase of a link if the Advertiser has broken one of the Vadmark Terms and Conditions, regardless of whether the Advertiser received the full campaign purchase amount.
7.2 Link Sales
Vadmark is not responsible for the content of the Advertiser's site or link content. Vadmark reserves the right, but has no obligation, to provide immediate payment to the Publisher if the Advertiser as broken one of the Vadmark Terms and Conditions.
All Publishers must make every effort to ensure that the information they supply to Advertisers represents the most accurate information available to them.
Publishers must not offer the opportunity to purchase a link campaign or other merchandise outside-of-Vadmark through the Vadmark Service.
It is a condition of a sale of an advertising package to another Vadmark member that the Publisher does not do any of the following:
- Change the location of the Advertiser's link within the page or within the site without obtaining prior permission from the Advertiser;
- Remove the Advertiser's link prematurely;
- Place derogatory remarks regarding the Advertiser's site or link on any web site the Publisher has listed in his/her Vadmark account;
- Artificially manipulate click or impression statistics for a link. This includes, but is not limited to
- Visiting your site yourself, or rewarding or asking someone else to visit your site, with the express intention of increasing the quantity of impressions recorded.
- Clicking on the link yourself, or rewarding or asking someone else to visit your site, with the express intention of increasing the quantity of clicks recorded
As a seller of an advertising package to another Vadmark member, the Publisher has the right do all of the following:
- Cancel link renewals at any time without prior notice to the Advertiser.
7.3 Account Balance Holdings
The Vadmark account balance facility is not a financial services facility. It is not an authorised bank covered by the regulations of the Australian Prudential Regulation Authority (APRA) or any other international authority.
When a Publisher purchases a featured listing, 10% of the listing fee will be awarded to the Vadmark account balance of the member that referred the Publisher. In addition, when a purchased link campaign terminates naturally or is renewed at the end of the campaign term, then the referrers of the Publisher and the Advertiser each receive 10% of the Vadmark transaction fees. A link campaign is defined as terminating naturally when the full purchased amount is delivered to the Advertiser without any dispute between the Publisher and Advertiser.
Where a fraudulent referral is discovered or suspected, Vadmark reserves the right to cancel either or both the referrer and the referred account and/or debit the appropriate funds from the referrer's Vadmark account.
8. Dispute Resolutions
In the event of a dispute between a two or more members, Vadmark will determine the dispute resolution. This can involve full or partial refunds to the Advertiser and/or full or partial payments to the Publisher for the link(s) involved. This can also include the termination of member accounts as well as Vadmark account balance and pending account balance penalties to any of the parties involved.
As a condition of membership, the member must acknowledge and accept that the decision made by Vadmark is final and indisputable. The member will not attempt to refer the dispute to another authority.
9. Outage Policy
The trading success of our members is extremely important to us. Nonetheless, the Vadmark Service may occasionally experience outages in which visitors cannot purchase link campaigns or effectively search for link campaigns via our search features. These outages can also affect the Vadmark link tracking services.
Vadmark reserves the right, but is under no obligation, to provide discretionary compensation for members as a result of system outages. Discretionary compensation can take the form of extending listing expiry dates to later times.
It is often difficult to assess the impact that outages in Vadmark tracking services will have on member activities. This makes member compensation difficult. Vadmark can, but is under no obligation to, compensate members using individual arrangements in the event of a disruption to our link tracking services.
10. Disclaimer of Warranty
The member acknowledges that it has not relied upon or been induced by any representation by Vadmark and Ownership makes no warranty or representation as to:
- the results that may be obtained through membership of the service;
- the accuracy, reliability or otherwise of any information obtained through membership of the service;
- the financial or other rewards which may be obtained through membership of the service;
- the service or network being uninterrupted, timely or error free;
- the goods and/or services purchased or obtained through the service or network, including goods and or services offered by Vadmark members.
11. Limitation of Liability
The member releases Vadmark and its officers, employees, agents, subsidiaries and affiliates from any claim for loss, damage or liability, including special indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data, in respect of:
- any Vadmark emails forwarded to the member;
- membership of the service;
- the members use of or inability to use the Vadmark Service;
- the quality of goods and/or services purchased by the member;
- any dispute with another member.
The member indemnifies and keeps indemnified Vadmark and its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon the members use of the service or the network.
These Terms and Conditions are effective until terminated by Vadmark. Vadmark may terminate these Terms and Conditions at any time without notice.
14. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales and of the Commonwealth of Australia. The member submits to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.