Thank you for visiting and using the website located at www.mperformanceltd.com (the “Service”), which is owned and provided by Marketing Performance Limited (“MP”). Your use and access of the Service is governed by and subject to the following Terms of Use, applicable to you and your use of the Service:
“Website” means www.mperformanceltd.com
“You” means you as a visitor or user to the Website and shall apply to you as an individual and to your business entity if you purport to represent such an entity.
“Advertiser” means individuals or companies who need to advertise their products online and who registered with the Website to enjoy our services. The Advertiser pays compensation to Marketing Performance Limited for its services as it is stated herein.
“We/us/our or MP” means Marketing Performance Limited.
“User Interface (UI)” means the interface available to an Advertiser to create, pause and stop Campaigns as well as to monitor Campaigns performance.
“Pre-Pay” means a payment model where an Advertiser pays in advance to buy Traffic and the funds being allocated to the advertisers account for new or current campaigns. Please note that funds are only allocated as and when payment has been received.
You warrant that if you are acting on behalf of a company or other business entity, that you have the full legal capacity to enter into these Terms of Use and bind yourself and the business entity. You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.
For the services to be rendered by Marketing Performance Limited, the Advertiser hereby pledges, covenants and agrees to pay to MP for the valid and qualified Traffic delivered to the Advertiser as a result of our services and any additional payments which are to be agreed upon between MP and the Advertiser.
To start enjoying the MP’ services the Advertiser shall make the Pre-Pay in the amount of not less than US$ 500 (five hundred US Dollars) to its Advertiser’s account (hereinafter the “Advertising budget”). The Advertiser’s account may be managed by the Advertiser through the UI.
When the Advertising budget is entirely exhausted MP will pause immediately all Campaigns of the Advertiser without any notification until the Pre-Pay in the amount of not less than US$ 500 (five hundred US Dollars) will have been made to restart the Campaigns. It is the Advertiser’s sole responsibility to monitor, and when necessary, add funds to its account to ensure there's no disruption with Campaigns.
The Advertiser acknowledges and agrees that any credit card and related billing and any other payment information that the Advertiser provides to MP may be shared with companies who work on our behalf such as payment processors and/or credit agencies solely for the purpose of checking credit and/or effecting payment MP and serving the Advertiser’s account. MP shall not be liable for any use or disclosure of such information by such third party.
The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
We may at any time in our sole discretion suspend or terminate your access to the Website. We reserve the right to monitor your use for compliance with these Terms of Use.
As a condition of your use of this Web site, you will not use the Web site or the Web site information for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this Web site in any manner that could damage, disable, overload or impair the operation of this Web site or use by third parties. You warrant that at all times your use of the Website will be in full compliance with all applicable laws of the jurisdiction in which you are located when you access or use the Website.
Your use of this website is at your own risk. You hereby waive any and all claims against MP and its agents, representatives and licensors arising out of your use of the Website. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose. No delay or failure by MP hereto shall be deemed a breach of this Terms of Use nor create a liability, if the same shall arise by reason of any cause beyond the reasonable control of MP, including, but not limited to acts of God, provided that MP shall use its best efforts to avoid or remove such cause of nonperformance and continue performance as soon as practicable. Under no circumstances, including, but not limited to, negligence, shall MP, its subsidiaries and parent companies and affiliates be liable for any direct, indirect, incidental, special or consequential damages that arise or result from or are related to the use of, or the inability to use, the Website or any of the Postings made available on or through the Website. You specifically acknowledge and agree that MP, its subsidiaries and parent companies and affiliates are not liable for any defamatory, offensive or illegal conduct of any user of the Website or any posting to the Website. If you are dissatisfied with the Website or any materials made available by or through the Website, or with this Terms of Use, your sole and exclusive remedy is to discontinue using the Website.
You hereby agree to indemnify us against any costs, claims, losses and damages (including legal fees) incurred by or awarded against us as a result of your misuse of this website or your breach of these terms.
If you are in breach of these terms or of our Privacy Policy, we may as our sole option, suspend or block your access to the Website and refuse to provide you with any further access to it.
Neither us, nor any subsidiary or affiliated companies accept any liability to you (except in the case of personal injury or death caused by its negligence or for fraud or as required by law) whether in contract, tort (including negligence) or otherwise, arising out of it in connection with this website. We accept no liability for any direct, special, indirect or consequential damages, or any other damages of whatsoever kind resulting from whatever cause through the use of any information obtained either directly or indirectly from this website. Your sole remedy is to discontinue using this website.
The materials on the Website are provided “as is” and without warranties of any kind either express or implied. We make no representations or warranties regarding any information provided by us on the Website. No advice or information, whether oral or written, obtained by you from MP, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, MP does not make any warranties that the Website will be uninterrupted, secure or error free or that your use of the Website will meet your expectations, or that the Website, MP Content, or any portion thereof, is correct, accurate, or reliable. MP reserves the right to change any part of the Website at any time without notice.
This Website is not and shall not function as an archive. MP shall have no liability to you or any other person for loss, damage, or destruction to your Submission (earning statements and records). You shall be solely responsible for maintaining independent archival and backup copies of any Submission.
This Terms of Use shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles or conflicts of law. You submit to the exclusive jurisdiction of the courts located in London, UK.
We reserve the right to modify these Terms of Use without notice and any modifications are effective when they are uploaded to the Website. Your use of the Website following the uploading of any revised Terms of Use shall be deemed acceptance of the revised policy. MP strongly recommends checking Terms of Use periodically.
MP’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.