Terms Of Use.

Use of whambanners.com, wholly owned and operated by Jemple UK (henceforth referred to as "whambanners") is subject to the following terms of use. You must agree with these Terms Of Use to continue using the whambanners advertising exchange network. Please also refer to our privacy policy to read how we manage your personal data. Changes to our site policies may be made without notice.

1. Description of service.
whambanners provides an account and process for creating, displaying and earning credits (impressions) from text-based advertising on your website. Although all adverts and link destinations are vetted, we cannot be held responsible for inappropriate content on third party websites.

2. Your obligations.
You may access the service provided if you are legally entitled to do so in your locality. This includes the requirement that you are of legal age to form a legally binding contract, which is formed when you open an account. You also agree that you are not barred from using whambanners under the laws of your country. You agree to provide accurate, current and complete information as prompted by the whambannersregistration process and offered by the account maintenance options. If whambanners has reasonable grounds to suspect that supplied information is inaccurate, or that you are not entitled to access the service, we reserve the right to terminate your account without warning and refuse you future access to the service.

3. Your account, password and security.
You are personally and wholly responsible for maintaining the confidentiality of your account password. You are also fully responsible for activities undertaken by yourself while logged into your whambanners account. You agree to immediately take action to change your password if you are aware it is known to a third party. You also agree to contact whambanners if your account has been compromised in any way by a third party.

4. Conduct.
The whambanners service may not be used except in the way it has been intended. Manipulation of your account, to derive additional benefits beyond those intended by Iwhambanners are forbidden. Duplicate accounts are not allowed under any circumstances unless by prior consent.

You understand that all information, data, text, software, graphics or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not whambanners, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the whambannersService. whambannersdoes not control the Content posted via the whambannersService and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will whambannersbe liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the whambannersService. You agree to not use the whambannersService to:
1) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or harm minors;
2) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the whambannersService;
4) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships;
5) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation;
7) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8) disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in discussions or exchanges;
9) interfere with or disrupt the whambannersService or servers or networks connected to the whambannersService, or disobey any requirements, procedures, policies or regulations of networks connected to the whambannersService;
10) intentionally or unintentionally violate any applicable local, state, national or international law,
11) "stalk" or otherwise harass another; and/or
12) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above. You acknowledge that whambannersmay or may not pre-screen Content, but that whambanners and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the whambannersService and which violates the TOS. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that whambannersmay access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of whambannersits users and the public.

5. Submitted websites and banners.
Websites submitted for inclusion into your account must meet quality and legal standards:

a) Must not redirect visitors to different content to that seen by the search engine.

b) Must not attempt to deliver scripts or software to the visitor without their consent.

c) Must not attempt to hijack or otherwise alter the visitors browser.

d) Must not deliver excessive pop-up windows to the visitor on entry, use or exiting the site.

e)Must not contain or link to defamatory, racist, sexist, violent, pornogrphic or content that is illegal in your locality.

f) Contain, link to or initiate any other text, graphics or programs that are deemed unsuitable for a general audience.

g) We reserve the right to reject any advert text that by its own content, or the content of the site it leads to, compromises the standards outlined in this agreement, or any other accepted international standards for acceptable taste and deceny.

h) Must not lead to a competitors anner exchange or other advertising network.

6. whambanners Javascript code.
Use of whambanners requires that the member upload a piece of javascript in order to successfully participate in the service. You must therefore have javascript enabled to use the service. You must not change, hide, otherwise tamper with the javascript code as supplied in your account. The code must render adverts on your webpage so that they are clearly visible to visitors, and fully clickable.

7. Proprietary rights.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("software") may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained information presented to you through the the whambannersservice, or its advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by whambanners, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

8. Disclaimer of warranties.
You expressly understand and agree that: Your use of the whambanners service is at your sole risk. whambanners is provided on an "as is" and "as available" basis. whambanners and its subsidiaries, affiliates, officers, employees and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. whambannersand its subsidiaries, affiliates, officers, employees and licensors make no warranty that
(i) The service will meet your requirements;
(ii) The service will be uninterrupted, timely, secure or error-free and
(iii) The results that may be obtained from the use of the service will be accurate or reliable. No advice or information, whether oral or written, obtained by you from whambanners or through or from the service shall create any warranty not expressly stated in the TOS.

9. Limitations of liability.
You expressly understand and agree that whambanners and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if whambanners has been advised of the possibility of such damages), resulting from the use or the inability to use the service.

10. Indemnity.
You agree to indemnify and hold whambanners and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.

11. Modification of service.
You acknowledge that whambanners may establish general practices and limits concerning use of the service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by whambanners. You further acknowledge that whambanners reserves the right to modify these general practices and limits from time to time. whambanners reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the whambanners service (or any part thereof) with or without notice. You agree that whambannersshall not be liable to you or to any third party for any modification, suspension or discontinuance of the whambanners service.

11. Disclosure of information.
whambanners may disclose you personal information, and supporting server access logs if (a) required to do so by a law enforcement agency (b) comply with a legal process or instruction (c) protect the rights, property or integrity of whambanners, its users and the general public (d) to undertake specific investigation of questions raised through our customer service process.

12. External sites.
whambanners may provide, or third parties may provide, links to other world wide web sites or resources. Third party links are also provided within the scope of the whambannersservice provided. Because whambannershas no control over such sites and resources, you acknowledge and agree that whambanners is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that whambannersshall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

13. Notice and procedure for making claims of copyright infringement (DMCA notices).
whambanners respects the copyright of others, and we ask our users to do the same. whambannersmay, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide whambanners's Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

whambanners's Agent for Notice of claims of copyright infringement can be reached via this link. Please enter the subject of your message as "DCMA Notice".

14. General Information.
Entire Agreement. The TOS constitutes the entire agreement between you and whambanners and governs your use of the whambanners service, superseding any prior agreements between you and whambanners with respect to the whambanners Service. Choice of Law and Forum. The TOS and the relationship between you and whambanners shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and whambanners agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom. Waiver and Severability of Terms. The failure of whambannersto exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

15. Refunds.
Refunds will only be paid if no part of the impressions or clicks purchased have been used before the refund was requested.

16. Cancelling Your Account.
Account cancellation requests will only accepted through the member helpdesk. so that they can be fully recorded.

17. Quality of linked sites.
Although whambanners actively seeks to ensure the quality and integrity of websites within its network, through manual and automated checking procedures, whambanners cannot be held responsible for the content and purpose of websites within the network. whambanners makes no claims whatsoever regarding the content being linked to, nor do we police the intentions of the owners of those websites.

18. Clickfraud.
We have tools and sytems to actively monitor our members. Members may not artificially inflate counts to using any device, program, robot, repeated page refreshing, or any other means. Our advert code cannot be placed on a page that reloads automatically. The banner code may not be placed in newsgroups, e-mail, chatrooms or guestbooks. Only one instance of the code may be placed on a single webpage. Anyone caught artificially inflating traffic counts, or who we have strong evidence to suggest such, may have their account terminated immediately and without refund of account credit. Our decision in these matters is final.

19. Excessive displaying of adverts.
You may display ONE banner per URL. That is to say you may paste in our javascript ad display code a maximum of 1 time per page. back To Homepage

Acceptable Use Policy: Ad Publishing

A whambanners Ad Publisher is anyone who is participating in our ad exchange program by displaying adverts on their webpages.


whambanners prohibits you displaying adverts on websites that contain any of the following content:

* Any pornographic material, adult material, or mature content including thinly censored nudity. Due to the risk of adult content, we do not allow image hosts or free web hosting services.
* Any offers for illegal activities, products or services.
* Promotion of fake documents, copied material, or paper mills.
* Promotion of drugs, or any related paraphernalia.
* Promotion of excessive profanity or violence
* Promotion of discrimination or infringes on the legal rights of others.
* Promotion or any attempt to profit from human tragedy or suffering, other than charity and awareness.
* Promotion of incentives for users or third-party beneficiaries for online activities, but not limited to, completing offers, performing searches, surfing websites, reading emails, completing surveys, clicking on ads, or any activity that artificially enhances website/advertiser metrics.
* Promotion of illegitimate programs and offers, such as ponzi schemes or high yield investments.
* Content or site construction intended to deceive or mislead for purposes of increasing traffic or clicks.
* Sales or offers that contain certain weapons, alcohol, tobacco, or any related paraphernalia.
* User submitted content, such as forums and blog comments, that is not moderated to minimise inappropriate submissions.
* Any content we deem not suitable for a PG13 audience.
* Little or no original content. This includes, but is not limited to:
- Sites with content taken from any other website or content generated by any means. These are often referred to as template or cookie cutter sites.
- Auto-generated content: Sites with programmatically generated content. These sites often have random content that is confusing or nonsensical to a site visitor.
- Doorway sites: Sites with content designed to increase search engine rank, with little content for an actual site visitor.
- Made for ad sites: Sites that primarily consists of only advertisements do not constitute content for a landing page.
- Login to view any content: Sites with landing pages with only a login or registration form.
- Thin affiliate sites: These sites collect pay-per-click (PPC) revenue by sending visitors to the sites of affiliate programs, while providing little or no value-added content or service to the user. These sites usually have no original content and may be cookie-cutter sites or templates with no unique content.
- Site under construction: Sites that are blank, under construction, page with raw coding/incorrect coding, or take too long respond.


Click Enticement Policy:

whambanners does not allow any of the following methods, but without limitation, to artificially generate clicks or impressions:

* Placement of advertisements in order to induce clicks by any means whatsoever.
* Use of bots or automated click and impression generating tools.
* Clicking on adverts to inflate your click credits will see your account immediately banned. We use monitoring software to highlight potential cheats and will ban based on that evidence.
* Displaying ads in any type of pop-up is not permitted.
*Use of any service, such as a paid to surf or traffic exchange service, that encourages non-natural surfing.


Excessive displaying of adverts:

You may display ONE banner per URL. That is to say you may paste in our javascript ad display code a maximum of 1 time per page.


Non-English Sites:

We currently only allow members to display ad block code on English language webpages.



Acceptable Use Policy: Adverts

whambanners prohibits ad variations that contain the following topics within ad text, or link to any content containing the following:

* Any pornographic material, adult material or mature content including animation or artificially censored nudity.
* Sexual enhancers including herbal supplements, devices, adult toys or products, contraceptive sites that encourage casual sex or suggest promiscuity. Prescription contraceptives are acceptable, provided that they do not reference descriptive metaphors in a sexual context or in bedroom activity.
* Lingerie sites that contain explicitly sexual material, sheer or see-through clothing, inappropriate body language or gestures. The content of the landing page should be tasteful and suitable for the intended audience.
* Any material that offers illegal products or services.
* Promotion of incentives for online activity to surf websites, click on ads, or any activity that artificially enhances website or advertiser metrics.
* Promotion of violence, racial intolerance, or advocacy against any individual, group, or organization.
* Promotion of fake documents, copied material, or paper mills.
* Any unauthorized use of third party trademarks that either creates a likelihood of confusion that consumers will believe the products or services originated from the trademark owner, or is likely to dilute the value of a known trademark.
* Promotion of drugs or any related paraphernalia
. * Sales or offers of weapons, alcohol, tobacco, or any related paraphernalia.
* Promotion or any attempt to profit from human tragedy or suffering.
* Promotion of excessive profanity or violence.
* Promotion of illegal activities that infringes on the rights of others.
* Promotion of gambling or online betting services that allow registration by citizens residing within the USA.
* Any content that targets to children of age 13 and younger.
* Any content or ad variation text that we deem unsuitable for a general PG13 audience.


Editorial Guidelines:

Please ensure that your ad copy complies with the following:

* The ad copy must be complete and fit within the character limits and not contain incomplete words.
* The ad copy cannot be written in all CAPS and must use standard English language capitalisation.
* The ad copy must have appropriate spacing.
* The ad copy must use correct spelling and grammar.
* The creative must have coherent ad copy. This applies to banner images as well.
* The ad copy must not have exclamation marks in the title or excessive use within the body text of the ad, asterisks or any other non-essential non-alpha-numeric characters.
* The ad must not mention registered trademarks

* The product or service being advertised is accurately represented by your ad copy.
* Be able to back-up competitive claims. If you say "we are better than site X for this service" be able to point to where on the target landing page you justify this statement.
* Do not imply or state affiliation unless landing page demonstrates clearly that you are officially affiliated.
* If you ad copy states an offer price or quantity etc, the landing page must also state this and the offer must be vaild and obtainable.
* Avoid repetition - do not state the same text on two lines for example - be creative!
* Do not use unjustifiable superlatives. Stating you are the "best on the internet" for example must be backed by significant justification of this within the landing page.
* Do not use calls to action such as "click here".
* Do not use trademarked words or terms unless you are an official affiliate, reseller or are discussing or reviewing in a fair and balanced manner. If we receive a complaint from the trademark owner we will, on confirmation, delete ads referencing that trademark.

Content Guidelines:

Please ensure that you do not mislead people clicking on your ad variations by ensuring that:

* The ad copy or creative matches the content of the landing page.
* All ad variations relate to the same industry as the original ad.


Landing Page URL Guidelines:

whambanners requires that all landing pages for ad campaigns follow the guidelines listed below:

* The URL provided must work and cannot take longer than 5 seconds to load.
* The URL may not contain spaces. If the URL contains a space it will not work correctly.
* The site cannot link to a blank page, a page with little content, a page where the majority of the content consists of ads, a page that is under construction, or a page with raw or incorrect coding.
* The destination URL cannot use rotating landing pages.
* The URL cannot link directly to an executable file or any download that is not user initiated. (We allow messages to update media players such as Windows Media Player, Quicktime, Flash players.)
* The landing page cannot require a login to view any site content.
* The landing page cannot contain code scripts that cause the website to break out of frames.
* The landing page may not use malware, malicious code, or deliver harmful programs.
* The landing page cannot engage in any illegal online activities such as phishing, spoofing or spamming.
* The display URL must correspond to the landing page URL.
* The landing pages cannot contain pop-up windows, including any exit pop-ups, messages, or chat windows that prevent a user from easily exiting a landing page.
* The destination URL for a Full Page Ad may not redirect.
* The requirements to redeem a free offer must be within one link of the landing page, and the redemption requirements must be contained within a single page.The requirements of a free offer must be clear and conspicuous and must stay consistent from when the conditions are first stated.