1. This licence is between High Country Software Limited of Woking, England, and a "Portal", an owner of a Web site, which will use the Mobilemaps NearbyAds Service ("the Service"). The Portal is only licensed on these terms, and if the Portal does not accept these terms then the licence is terminated and the Portal should not make any use of the Service.
2. High Country retains the right to make modifications to this contract in which case the Portal can agree to comply with the new licence terms or cease using the Service.
3. The Service offers Portals access to a collection of NearbyAds, which consist of geographically located advertising copy, from different Advertisers. In exchange for publishing or facilitating the publication of these advertisements so that Internet Web users can click on them and link through to the Web pages associated with each advertisement, High Country agrees to pay the Portal a sum of money per click. This sum will vary depending on such factors as whether the Portal runs its own software that publishes the advertisements, or whether it links through to another Portal that publishes the advertisements ("Affiliate Portal"), or whether it acts as an agent in facilitating the publication of advertisements on another Portal ("Portal Agent"). The sums paid to each type of Portal are detailed in the "Frequently Asked Questions", or "FAQs" published at mobilemaps.com, High Country's Web site. These sums may be altered from time to time by High Country, and will be republished to the mobilemaps.com Web site FAQs.
4. Payments to Portals. High Country will endeavour to pay Portals in a monthly lump sum, consisting of the sum from all clicks combined during a month, near the start of each month following the month in which the clicks took place. Payments are made via the Paypal payment system, and the Portal agrees that High Country will not be held liable for delays in payment caused by Paypal, or other third party payment processors such as 2checkout.com, that are beyond its control.
5. The following notice, or a notice with similar meaning, must be placed on Web pages that use the Mobilemaps advertising service and do not already display a Mobilemaps logo: "NearbyAds from Mobilemaps". The notice must include a hyperlink to http://www.mobilemaps.com, which is the Mobilemaps home page.
6. High Country is not responsible for the content of the NearbyAds it makes available to the Portal, receiving this content in real-time from third party Advertisers, and publishing this in the same manner that an Internet Newsgroup publishes comments in real-time from Internet users. If any responsibility exists in law, it is the Portal's responsibility to publish Advertisements that comply with laws appropriate to the Portal's audience or locale, and the Portal agrees to select which advertisements it will publish, or make any modifications to advertisements that are necessary to comply with laws or otherwise avoid litigation.
7. HIGH COUNTRY SPECIFICALLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, AN IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER IMPLIED TERMS ARE EXCLUDED.
8. This licence constitutes the entire agreement between the Portal and High Country. High Country accepts no terms implied or stated in other interaction between the Portal and High Country, or in interaction between the Portal and a third party.
9. Termination of contract. The Portal can terminate this agreement at any time by emailing notification to webmaster@mobilemaps.com. High Country reserves the right to terminate this agreement at any time by shutting down the Portal's account and paying owed money in the Portal's account to the Portal. If the Portal is in breach of this agreement, High Country reserves the right to terminate this agreement and retain any money in the Portal's account.
10. This licence agreement is subject to English Law and any disputes shall be handled by the English courts.
11. Mobilemaps and Mobilemaps NearbyAds are trademarks of High Country.
High Country Software Limited, Registered in Cardiff number 3182546,
VAT registration number: 672 6262 25, Address: 84 Armadale Rd
Goldsworth Park, Woking, Surrey, GU21 3LD, United Kingdom.