пятница, 16 марта 2012 г.

УПРОЩЕНИЕ НАЛОГВОГО БРЕМЕНИ





TaxBrain Performance Marketing Program Agreement



I. INTRODUCTION


This Performance Marketing Program Agreement (“Agreement”) is made by and between Petz Enterprises, Inc., doing business as TaxBrain.Com (“TaxBrain”), a California corporation with is principal offices located at 7575 W. Linne Road, Tracy, California 95304; and independent marketer (“Marketer”).



Petz Enterprises, Inc. operates an internet-based application website known as TaxBrain.Com and is in the business of providing software applications and tax related services to taxpayers of the United States. These products and services include, but are not limited to, the preparation and filing of federal and state tax returns, accessing information regarding federal and state tax compliance, and acquiring various tax related financial services.



In conjunction with the TaxBrain.Com website, Petz Enterprises operates a Performance Marketing Program under which Accepted Marketers may promote TaxBrain products and services and receive compensation commensurate with the actual leads and sales generated at TaxBrain from those efforts.



This Agreement contains the complete terms and conditions that apply to Marketer’s participation in the TaxBrain Performance Marketing Program (“Program”).



II. DEFINITIONS



For the purposes of this Agreement the following definition of terms shall apply.


A. Merchant. TaxBrain is a Merchant offering compensation to Accepted Marketers that promote TaxBrain products and services at their own expense to the consuming public. In return, Merchant offers compensation for verified Lead Transactions and Sale Transactions generated by the independent efforts of Accepted Marketers.



B. Marketer. Marketer is an independent contractor that promotes products and services to consumers on the internet through the use of marketing materials, advertisements, display ads, coupons, search terms, and other such marketing efforts for the purpose of producing traffic, leads, and sales for Merchant. These activities are undertaken at the sole expense and discretion of the Marketer.



C. Accepted Marketer. An Accepted Marketer is a Marketer that has submitted an application to participate in the Program, executed this Agreement, executed a duly extended Offer, and continues to operate Promotions in a manner consistent with the terms and conditions of this Agreement.



D. Promotion. A Promotion is any activity undertaken by a Marketer to encourage consumers to use the products and services of the Merchant. By way of example, Promotions may include, but are not limited to: paid search, display advertising, email marketing, content site development, co-registrations, loyalty programs, and coupon distribution.



E. Offer. An Offer is the discrete expression of a set of terms, conditions, and compensation arrangements made between the Merchant and the Marketer for a fixed period of time. All Offers are subject to the Program Terms expressed in this Agreement.



F. Program Terms. The Program Terms specify acceptable Promotions and marketing practices, limitations of various practices, and those practices that are expressly prohibited by Merchant for participation in the Program.



G. Lead Transaction. A Lead Transaction is the acquisition by TaxBrain of a new (non-renewing and/or non-duplicate) account created by a bona fide consumer that meets the minimum requirements of age, residency, and verifiable contact details that is confirmed by the consumer through voluntary opt-in.



H. Sale Transaction. A Sale Transaction consists of the purchase of tax preparation, value-added, or tax related financial services from TaxBrain. A valid purchase must be accompanied by: i) a valid credit card authorization, ii) valid prepaid coupon code; and/or, iii) financing approval from Merchant’s partner bank for the total price of the products and/or services acquired by the consumer.



I. Charge-backs. A Charge-back by Merchant of compensation earned by Marketer may occur in the following events: i) the consumer receives a cash refund for products or services previously paid for through a Sale Transaction, ii) a lead that is eligible for compensation is later determined to be fraudulent, duplicate, false or otherwise unqualified by Merchant, iii) Merchant determines that either a Lead Transaction or Sale Transaction was acquired by Marketer in breach of the terms of this Agreement or subsequent Program Terms published by Merchant at the sole determination of Merchant. Merchant is under no obligation to provide a mechanism of appeal to Marketer for any Charge-backs issued by Merchant.




III. PROGRAM PARTICIPATION




A. Application to the Program. To participate in the Program, Marketer must submit a complete and verifiable application to participate as defined from time to time by the Merchant. Requirements of the application process are at the sole discretion of the Merchant and may be changed at anytime without notice.



B. Acceptance into the Program. Upon application to the program and execution of this Agreement, Merchant shall evaluate at is sole discretion the fitness of any Marketer for participation into the Program. Merchant is under no obligation to advise Marketer of any reason(s) for denial of Acceptance.



C. Acceptance of Offers. Merchant shall extend and Marketer must accept an Offer before any Promotions may take place. The Offer shall specify: i) a start and end date, ii) compensation rates for verified Lead and/or Sale Transactions, iii) any specific limitations regarding Marketer’s Promotion activities, and iv) other limitation which shall govern Marketer’s participation in the Program independent of the terms of this Agreement.



D. Affiliates must adhere to all guidelines as furnished by TaxBrain.



E. Termination of Offers. Both parties retain the right to terminate offers with or without cause. Marketer may terminate Promotion of any Offer at any time without recourse by Merchant. Merchant may terminate any Offer upon 7 days notice to Marketer. Merchant shall remain liable for valid commissions earned by Marketer during the 7 day notice period.



F. Term and Termination. The term of this Agreement will begin upon Merchant’s acceptance of the Marketer’s Application and will end when terminated by either party. Merchant or Marketer may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Marketer is only eligible to earn compensation on transactions occurring during the term.



G. Effect of Termination. Upon termination of this Agreement for any reason, Marketer will immediately cease the Promotion of Merchant’s products and/or services. This shall include the use of trademarks, trade dress, logos, advertising creative or any other materials provided by or on behalf of Merchant pursuant hereto, or in connection with the Program. Merchant may cease tracking transactions generated from Marketer’s Promotions and is under no obligation to compensate Marketer on transactions that occur after Termination.



H. Post-termination. Upon termination of this Agreement, any outstanding payments shall be paid by Merchant to Marketer within 90 days of the termination date, and any outstanding debit balance shall be paid by Marketer to Merchant within 30 days of termination of this Agreement. All payments are subject to recovery for Charge-backs. Provisions of this Agreement that by their nature and context are intended to survive the termination of this Agreement shall survive the termination of this Agreement to the extent that and as long as is necessary to preserve a party’s rights under this Agreement that accrued prior to termination.




IV. PROGRAM TERMS




A. General Terms. Merchant reserves the right to establish, modify, and/or extend the program terms enumerated in this Section IV of the Agreement at anytime. All determinations of acceptable Promotions are made at the sole discretion of Merchant. Failure to enforce these Program Terms shall not constitute waiver of these terms. All determinations made by Merchant with regard to acceptable Promotions are final.



B. Prohibited Use of Links




1. Locations. Marketer may not place links to a Merchant’s website or website content in third party newsgroups, message boards, blogs, unsolicited email and other types of spam, link farms, counters, chatrooms, or guestbooks. Marketers using IRC channels, instant messages or similar internet resources must designate their Promotion as special requiring manual review and acceptance by the Merchant.



2. Non-Bona Fide Transactions. Marketer must promote Merchant in such a way that is not misleading to the consumer, and such that the links deliver bona fide Transactions by the consumer to Merchant from the link. Multiple Leads from the same individual, entity or IP address may be considered non-bona fide Transactions. Marketer shall not earn compensation for non-bona fide Transactions. In the event that such Transactions are discovered after compensation has been disbursed any related compensation shall be subject to Charge-back.




C. Good Faith. Marketer shall not cause any Transactions to be made that are not in good faith, including, but not limited to, using any device, program, robot, i-frames, or hidden frames. At Merchant’s discretion, Marketer may not be compensated for Transactions where Marketer or an agent of Marketer is the consumer.



D. Infringement. None of Marketers Promotion activities may infringe the Merchant’s or any third-party proprietary rights including, but not limited to trademark rights.



E. Objectionable Content. Marketer represents and warrants that all Promotional means used by Marketer will not contain objectionable content; including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, an/or promoting illegal goods, services or activities. Marketer agrees to:




1. Use ethical and legal business practices.

2. Comply with the Merchant's Program terms and this Agreement.

3. Maintain a privacy policy on any Marketer website and for any non-website based Promotional method made available to consumers.




Merchant must approve all Promotional activities and may deem Marketer’s Promotions inappropriate and a material breach of this Agreement in Merchant’s sole discretion. Merchant reviews Marketer conduct, and any suspected fraudulent, abusive or otherwise illegal content or activity by Marketer through Marketer’s Promotional methods shall be grounds for immediate termination of this Agreement.



F. Prohibited Promotional Methods.




1. Spamming. Marketer represents and warrants that it will not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with the CAN SPAM Act of 2003 (Public Law 108-187 or any successor legislation), and/or any other laws and/ or regulations that govern email marketing and/or communications.



2. Forced Pop-Up/Unders. Marketer represents and warrants that it will not engage in pop-up or pop-under Promotions delivered through downloadable software that force clicks or perform redirects, or pop over a pay-per-click listing or natural search results. Pop-up/unders are acceptable on a first party basis when triggered by Marketer’s website or distributed to third-party websites through industry sanctioned networks, ad-servers, or technology.




G. Predatory Practices. No Marketer will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the consumers’ access, view or usage of, or other aspect of the consumers’ experience at any third-party website in a manner that causes or otherwise results in a different experience from that which was otherwise intended by such website.



No Marketer will block, alter, direct or redirect, substitute, insert or append itself to or otherwise intercept or interfere in any manner with any click-through traffic-based transaction that originated from or between any third-party website (including without limitation any return visit to TaxBrain.Com to which such click-through or other traffic reached or intended to reach) with the result of interfering with the legal conduct of commerce by TaxBrain, any other Marketer, or third-party without limitation.




V. MARKETER OBLIGATIONS.




A. Accurate, Up-to-Date Information. Marketer agrees to provide Merchant with accurate information about Marketer and Marketer’s Promotional methods, and to maintain up-to-date “Account” information such as contact information, tax identification, websites used, and other such information as may be necessary for fulfillment of the terms of this Agreement.



B. Privacy. Marketer must conspicuously post a privacy policy on Marketer’s website(s) and otherwise make it available to all visitors. Marketer’s privacy policy must comply with all laws and regulations regarding the privacy of visitor information, be commercially reasonable, and fully and accurately disclose Marketer’s collection and use of visitor information. Marketer must fully and accurately disclose any use of third-party technology, including Merchant’s tracking technology, use of cookies and options for discontinuing use of such cookies.



C. Tracking Codes and Tracking Code Maintenance. In order for Merchant to record the tracking of Marketer’s Transactions resulting from clicks on links to Merchant, Marketer must include and maintain certain “Tracking Code” within the Merchant's links. It is the sole responsibility of Marketer to maintain all Merchant links and ensure that all Promotions must be in a format compatible with the Merchant’s tracking system.



D. Usage and Security of Marketer’s Account. Marketer shall be responsible for all usage and activity on Marketer’s account and for loss, theft or unauthorized disclosure of passwords (other than through Merchant’s negligent or willful conduct or omission). Marketer shall provide Merchant with prompt written notification of any known or suspected unauthorized use of Marketer’s account or breach of the security of Marketer’s account.



E. Other Marketer Responsibilities. Marketer will be solely responsible for the development, operation, and maintenance of Marketer’s website, Promotional platforms, and for all materials that appear therein. Merchant is solely responsible for:




1. The technical operation of Marketer’s website(s) Promotional platforms and all related equipment;



2. The accuracy and appropriateness of materials posted on Marketer’s website (including, among other things, all TaxBrain.com materials);



3. Ensuring that all material produced or presented through Marketer’s Promotional activities have been reviewed by TaxBrain and are compliant with guidelines provided by TaxBrain, the Internal Revenue Service, the Department of Treasury, State Departments of Revenue or any other regulatory body that may have jurisdiction over the tax preparation or financial services industry.



4. Ensuring that materials posted on Marketer’s website or used in other Promotional activities do not violate or infringe upon the rights of any third party (including, copyrights, trademarks, privacy, or other personal or proprietary rights);



5. Ensuring that materials posted on Marketer’s website or used in other Promotional activities are not libelous or otherwise illegal.




F. Indemnification. Merchant disclaims all liability for these matters listed in Paragraph E., above. Further, Marketer will indemnify and hold Merchant harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of Marketer’s website and Promotional activities.




VI. MERCHANT OBLIGATIONS


A. Verification of Sale Transactions. It will be the sole responsibility of Merchant and Merchant warrants that it will use reasonable commercial practices to process the credit card payment, validation of coupon codes, and/or to facilitate financing arrangements through Merchant’s partner banks. Merchant will be under no obligation to compensate Marketer for Sale Transactions that do not receive credit card authorization, coupon validation, or bank financing in full payment for Merchant products or services purchased by the consumer.




VII. PROPRIETARY RIGHTS




A. Linking to Merchant. Merchant grants to Marketer the right to display and link to the Merchant's website or website content in accordance with the Merchants's Program terms for the limited purposes of promoting the Merchant's products and services, subject to the terms and conditions of this Agreement. Marketer’s use of the link signifies agreement to refrain from copying or modifying any icons, buttons, banners, graphics files or content provided by Merchant, including but not limited to refraining from removing or altering any copyright or trademark notices. Merchant owns all rights in and to all information regarding the consumers that Marketer refers to Merchant.



B. Retention of Rights. All proprietary rights of Merchant and Marketer and all goodwill arising as a result of such rights, inure to the benefit of such owner.



C. No Challenge to Merchants’ Proprietary Rights. Marketer acknowledges that Marketer obtains no proprietary rights in Merchant’s trademarks, service marks, trade names, URLs, copyrighted material, patents, and patent applications, and agrees not to challenge Merchant’s proprietary rights.




VIII. CONFIDENTIALITY




A. Obligations. Marketer and Merchant may provide the other with information that is confidential and proprietary to that party as is designated by the disclosing party or that is reasonably understood to be proprietary and/or confidential ("Confidential Information"). The receiving party agrees to make commercially reasonable efforts, but in no case no less effort than it uses to protect its own Confidential Information, to maintain the confidentiality of and to protect any proprietary interests of the disclosing party.



B. Confidential Information. Confidential Information shall not include (even if designated by a party) information:




1. That is or becomes part of the public domain through no act or omission of the receiving party;



2. That is lawfully received by the receiving party from a third party without restriction on use or disclosure and without breach of this Agreement or any other agreement without knowledge by the receiving party of any breach of fiduciary duty, or



3. That the receiving party had in its possession prior to the date of this Agreement.




C. Effect of Termination. Upon termination of this Agreement, Marketer must destroy or return to Merchant any Confidential Information provided by Merchant under this Agreement.




XI. REPRESENTATIONS, WARRANTIES, DISCLAIMERS AND LIMITATIONS




A. Business Operations. Each party will make reasonable commercial efforts to keep its website operational during normal business hours. However, the parties agree that it is normal to have a certain amount of system downtime and agree not to hold each other liable for any of the consequences of such interruptions.



B. Authority. Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party's behalf. IF MARKETER IS AN INDIVIDUAL, MARKETER REPRESENTS AND WARRANTS THAT MARKETER IS AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT.



C. Non-infringement Warranties. Marketer represents and warrants that: (i) Marketer has all appropriate authority to operate, and to any and all content on, Marketer’s website(s); (ii) Marketer has all appropriate authority in any promotional method it may choose to use; (iii) Marketer’s website(s) and Marketer promotional methods do not and will not infringe a third party's, or Merchant’s, proprietary rights; and (iv) Marketer shall remain solely responsible for any and all websites owned and/or operated by Marketer and all of Marketer’s promotional methods. Merchant reserves the right to review all content on Marketer’s website(s) or used by Marketer in its promotional methods.



D. Compliance with Laws. Marketer is responsible for compliance with the requirements of all relevant legislation (including subordinate legislation and the rules of statutorily recognized regulatory authorities) in force or applicable in the United States or in any other applicable territory, and warrants that no method of Promotion used by Marketer or the content of Marketer’s website(s) will render Merchant liable to any proceedings whatsoever.



E. Limitation of Liabilities. ANY OBLIGATION OR LIABILITY OF MERCHANT UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF MARKETER’S COMPENSATION PAID TO MARKETER BY MERCHANT UNDER THIS AGREEMENT DURING THE YEAR PRECEDING THE CLAIM. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST THE OTHER PARTY TO THIS AGREEMENT MORE THAN ONE YEAR AFTER THE TERMINATION OF THIS AGREEMENT. MARKETER AGREES THAT MERCHANT SHALL NOT BE LIABLE TO MARKETER, OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO A CLAIM BY ANOTHER MARKETER), FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.



F. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MERCHANT DISCLAIMS ALL WARRANTIES IMPLIED, INCLUDING, BUT NOT LIMITED TO, 1) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, 2) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, 3) THAT MERCHANT'S SECURITY METHODS WILL BE SUFFICIENT, 4) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR 5) AGAINST INTERFERENCE WITH ENJOYMENT OF THE MARKETER'S INFORMATION OR WEBSITE. ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED TO MARKETER IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH MARKETER.



G. Remedies. No remedy or election shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.



H. Benefit of the Bargain. THE PROVISIONS OF THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BENEFIT OF THE BARGAIN REFLECTED IN THIS AGREEMENT.




X. MARKETER'S INDEMNIFICATION OBLIGATIONS



Marketer shall defend, indemnify and hold Merchant harmless against all claims, suits, demands, damages, liabilities, losses, penalties, interest, settlements and judgments, costs and expenses (including attorneys' fees) incurred, claimed or sustained by third parties, including but not limited to Merchant, directly or indirectly as a result of (a) Marketer's breach of or non-compliance with this Agreement, (b) Marketer's violation of any law, or an alleged violation of law by Merchant, that is a direct or indirect result of Marketer's participation in the Program, (c) any content, goods or services offered, sold or otherwise made available by Marketer to any person, (d) Marketer's acts or omissions in using, displaying or distributing any internet links obtained from the Merchant or elsewhere, including but not limited to Marketer's use of internet links via email distribution, (e) any claim that Merchant is obligated to pay tax obligations in connection with payment made to Marketer pursuant to this Agreement, and (f) any violation or alleged violation by Marketer of any rights of another, including breach of a person's or entity's intellectual property rights (each (a)-(f) individually is referred to hereinafter as a "Claim"). Should any Claim give rise to a duty of indemnification under this Section, Merchant shall promptly notify Marketer, and Merchant shall be entitled, at its own expense, and upon reasonable notice to Marketer, to participate in the defense of such Claim. Participation in the defense shall not waive or reduce any of Marketer's obligations to indemnify or hold Merchant harmless. Marketer shall not settle any Claim without Merchant’s prior written consent. Marketer also shall indemnify for any reasonable attorneys' fees or other costs incurred by an indemnified party in investigating or enforcing this Section XI. In the context of this Section XI only, the term “Merchant” shall include officers, directors, employees, corporate affiliates, subsidiaries, agents, and subcontractors.



XI. MISCELLANEOUS



A. Headings and References. Headings of Sections are for the convenience of reference only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph.



B. Third Party Disputes. In the event of a third party claim against either: (a) Merchant's intellectual property; or (b) against Merchant's right to offer any service or good on Merchant's website(s) or if, in Merchant's opinion, such a claim is likely, Merchant shall have the right, at its sole option and in its sole discretion, to (i) secure the right at Merchant's expense to continue using the intellectual property or good or service; or (ii) at Merchant's expense replace or modify the same to make it non-infringing or without misappropriation.



C. Relationships of Parties/Third Party Rights. The relationships of the parties to this Agreement shall be solely that of independent contractors, and nothing contained in this Agreement shall be construed otherwise. Nothing in this Agreement or in the business or dealings between the parties shall be construed to make them joint venturers or partners with each other. Neither party shall do anything to suggest to third parties that the relationship between the parties is anything other than that of independent contractor.



D. Choice of Law/Attorneys' Fees. This Agreement is governed by the laws of the State of California (USA), except for its conflict of law provisions. The exclusive forum for any actions related to this Agreement shall be in the state courts and, to the extent that federal courts have exclusive jurisdiction, in Sacramento, California. The parties consent to such venue and jurisdiction and waive any right to a trial by jury. The application of the United Nations Convention on the International Sale of Goods is expressly excluded. A party that primarily prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys fees and costs. Merchant controls and operates its website from its offices in the USA and access or use where illegal is prohibited.



E. Force Majeure. Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of such party, including but not limited to electrical outages, failure of Internet service providers, default due to Internet disruption (including without limitation denial of service attacks), riots, insurrection, acts of terrorism, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.



F. Severability/Waiver. If any provision of this Agreement is held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect. The parties shall in good faith attempt to modify any invalidated provision to carry out the stated intentions in this Agreement. The waiver of any breach of any provision under this Agreement by any party shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.



G. Assignment and Acknowledgement. Neither party may assign this Agreement without the prior express written permission of the other party. Notwithstanding the foregoing, Marketer’s consent shall not be required for assignment or transfer made by Merchant (1) due to operation of law, or (2) to an entity that acquires substantially all of Merchant's stock, assets or business, or (3) to a related entity (e.g. parent or subsidiary of parent). Marketer’s participation in this Program is irrefutable acknowledgement by Marketer that Marketer has read, understood and agreed to each and every term and provision of this Agreement. Merchant may establish from time to time rules and regulations regarding participation in this Program as published on the Program website and incorporated herein.



H. Entire Agreement, Assignment and Amendment. This Agreement, including the Introduction, contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by either of the parties, either oral or written, except as stated in this Agreement. This Agreement may only be altered, amended or modified by an instrument that is assented to by each party to this Agreement by verifiable means, including without limitation by written instrument signed by the parties or through a "click through" acknowledgement of assent. No interlineations to this Agreement shall be binding unless initialed by both parties. Notwithstanding the foregoing, Merchant shall have the right to change, modify or amend ("Change") this Agreement, in whole or in part, by posting a revised Agreement at least 14 days prior to the effective date of such Change. Marketer’s continued participation in this Program after the effective date of such Change shall be deemed Marketer’s acceptance of the revised Agreement.



XII. PPC POLICY

A. All “Search Partners” must be PRE-APPROVED. Please contact us at affiliates@taxbrain.com to obtain approval before starting your campaign.

B.Trademark or Brand-related- Bidding is NOT PERMITTED. This includes any variations, combinations, and/or lower-upper case variants of the words taxbrain, tax-brain or, tax brain and/or with the “www” prefix or “.com” suffix


C. Bidding on Misspelled Trademarked/Brand-related terms is ALLOWED, but publisher partners are NEVER allowed to outrank or outbid Tax Brain on any keywords.
D. Publisher Partners may never use TaxBrain.com (including all lower or uppercase variations) for any DISPLAY or DESTINATION URL listings used in paid search campaigns. Nor may they CLOAK or MASK the TaxBrain.com URL in paid search campaigns


E. Publisher Partners may use the words “Tax Brain” in their ad copy as long as it is not associated with the following words or phrases: best prices, lowest rates, discount, discounted rates, cheap, % off, Refund Anticipation Loan (RAL),and/or fast refund.


F. You may NEVER use the words “Official Site” in your ad creative or display URL.


Tax Brain will not pay commissions on any transactions that it believes to be generated by a violation of its search policies. Here is how it works: 1st Offense =Warning, 2nd Offense= Reversal in commission by 50%, 3rd Offense- Termination from the program


Protected Keywords



Tax Brain will not pay commissions on any transactions derived from bidding on any of the following protected trademarked/brand-related keywords:

tax brain

taxbrain.com

www.taxbrain

www.taxbrain.com

taxbrain

tax brain online

tax brain tax help

tax brain tax prep

taxbrain e file

taxbrain efile

taxbrain online

tax brain e file

tax brain efile

brain tax

braintax





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