Advertiser Terms

General Terms and Conditions Goojibear Ltd., in process of incorporation ("Goojibear") will use online advertising in order to drive phone calls to the Advertiser call center, all according to the terms hereinafter (the "Services"). Marketing material (e.g. landing pages, banners and more) might be provided by the Advertiser and/or created by Goojibear, in accordance with the Advertiser’s guidelines. The Advertiser, its clients and agents or anyone on their behalf (herein collectively referred to as "Advertiser") confirm that Goojibear’s sole obligation is to render the Services, according to the terms hereinafter.  Payment Total payment must be paid in accordance with the terms above. All payments must be made by wire transfer, unless otherwise stated. All the funds must be transmitted in the Currency specified above. Additional fees (i.e. wire transfer fees, credit card fees, etc.) should be paid by the Advertiser. Campaign Instructions Advertiser should have full liability with regards to marketing material provided by the Advertiser. Goojibear shall not have any liability with respect to marketing material, including but not limited to the marketing material form or content, errors in marketing material position or placement, or typographic errors of any kind. Miscellaneous In case of suspicion of fraudulent activity the Advertiser will provide Goojibear a detailed report of the calls under suspicion, with: Call time, phone number, Region, reason for the rejection and proof within 7 days from notice regarding suspicious fraudulent activity. Representations and Warranties Goojibear shall not be held responsible for the commercial results of the Advertiser's advertising campaign. All representations and warranties, expressed or implied, including without limitation, any warranties or merchantability or fitness of Service for a particular purpose, are hereby disclaimed by Goojibear. Calls are allocated according to the payouts (bids) in the platform. Goojibear cannot guarantee any call volume. Reporting is according to Goojibear’s statistics, as can be observed through Goojibear’s platform, powered by Invoca. Limitation of Liabilities Neither party will be responsible or held liable for lost profits or any other consequential, special, indirect or incidental damages, based upon a claim of any type or nature (including, but not limited to, contract, tort, including negligence, warranty or strict liability). Even if advised of the possibility of such damages. Goojibear does not warrant or represent that the services under this agreement will be provided, without interruptions or shall be error free. Goojibear will not be held liable for damages, losses, costs or liabilities of any kind whatsoever suffered or incurred from system downtime or other failures of the advertising network, or that the advertising network or the services are of satisfactory quality. The total liability of each party to the other for any breach or claim under this agreement is limited to $10,000 USD (Ten thousand USD).  Indemnification Advertiser guarantees that all Creatives have been accepted and published upon the representation that the Advertiser is authorized to publish the entire contents and subject matter thereof and that all data regarding consumers gained by the execution of this agreement, will be only used for legal purposes. By signing this agreement, Advertiser shall indemnify and hold harmless Goojibear, from and against any direct and judicially proven , losses or damages, including without limitation, any  direct and judicially proven  losses or damages  for libel, defamation, violation of rights of privacy, plagiarism, trademarks, copyright infringement, unauthorized content (including text, illustrations, representatives, sketches, maps, labels, or other copyrighted matter) as a result of the unlawful use of the  Creative including a  person's name or photograph, including without limitation, reasonable attorneys’ fees, costs related to in-house counsel time, court costs and witness fees arising therefrom. The indemnity obligations of this paragraph are contingent on Goojibear giving immediate written notice of any such claim or suit and Advertiser having sole control over the litigation or settlement of such claim or suit, at Advertiser’s cost. The provisions of this Paragraph shall survive the termination of this Agreement.  Entire Agreement This agreement reflects the sole agreement between the Parties relating to the subject matter and supersedes all prior understanding, writing, proposals, representations or communication, whether oral or written of either party. This agreement may only be amended by a written instrument executed by both parties.  Governing Law This Agreement shall be governed and construed in all respects in accordance with the laws of Israel and the Parties agree to submit to the exclusive jurisdiction of the Israeli courts.