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Please read the following Pulpo Media Terms and Conditions in their entirety. By clicking on the "I Agree" button at the end of these Terms and Conditions you are representing that you have the power and authority necessary to register the Publisher listed above for participation in the Pulpo Media Publisher Network and that such Publisher shall, at all times during its participation in the Pulpo Media Publisher Network, be bound by the Terms and Conditions, as may be amended from time to time as provided for therein.

PULPO MEDIA PUBLISHER TERMS AND CONDITIONS 1. Definitions “Ad Tags” means JavaScript and/or HTML code hard coded on Publisher’s web pages or implemented in an ad server and used to serve Advertisements. “Advertisements” mean graphical, digital, video, audio, interactive or rich media promotions displayed, played or performed on a computer, mobile phone or other electronic device, including, without limitation, banners, buttons, boxes, skyscrapers and other Standard ad units, text messages, brand wraps, surveys, skins, podcasts, and any other customized online Advertisements served through the Pulpo Media Network by Pulpo Media or a third-party partner. “Contact Information” means Publisher name, email address, phone number, mailing address, payment profile, and tax information. “Cookies” mean a small string of text or data created by a Web server, delivered through a Web browser, stored on a user’s computer and used to track a user's Web preferences, online patterns and characteristics and to identify the user as a return visitor in the delivery of Advertisements. “Impression” means each instance of a single Advertisement being rendered for display, played or performed on a web page, mobile phone or other electronic device, as measured by Pulpo Media through its ad server or a third party ad server deployed on its behalf. “Inventory” means the number of Impressions that Publisher makes available and accessible to Pulpo Media. Inventory may consist of availability on a web page or in a window, podcast, video or mobile application in which Advertisements may be displayed. “Net Revenue” means revenues collected from Pulpo Media’s display of Advertisements on approved Publisher Sites, applications and services, less fees related to the serving and delivery of such Advertisements, which fees shall not exceed 10 % of the gross revenue collected by Pulpo Media in connection with such Advertisements. “Publisher Properties” means the publisher web properties, domains, applications and services that are pre-approved by Pulpo Media for inclusion in the Pulpo Media Publisher Network. “Standard IAB Units” means advertising units that are sized in accordance with the standardized specifications published by the Internet Advertising Bureau (IAB), supported by Pulpo Media and served via Ad Tags that are available by Pulpo Media. “Tags” means Pulpo Media iFrame and/or HTML code that a Publisher hard codes on the Publisher Properties or implements in an ad server. Tags may be used to serve Advertisements, track Inventory quality across Publisher Properties in an effort to enhance monetization and optimization of Advertisements on the Publisher Properties or to provide insights and analytics. 2. Participation in the Pulpo Media Publisher Network; Content Standards Pulpo Media reserves the right to refuse or terminate service to any Publisher at any time. Publisher must obtain approval for each Publisher Property (including each Publisher owned or operated domain) on which Ad Tags are to be placed. Acceptance of one or more Publisher Properties or domains shall in no way guarantee acceptance of any additional Publisher Properties or domains owned or operated by Publisher. Publisher Properties may not contain or link to content that, in Pulpo Media’s sole judgment: • is obscene, lewd or indecent, including any content that is pornographic or contains nudity, explicit violence or sexual materials; • may damage, interfere with, surreptitiously intercept or expropriate any computer, system, program, data or personal information; • offers or disseminates any fraudulent goods, services, schemes or promotions, including any pyramid schemes or chain letters; • is unlawful or could facilitate the violation of any applicable law, regulation or governmental policy; • is libelous, defamatory or contains knowingly false representations about another person; • is harmful to Pulpo Media’s business or reputation or to the business or reputation of any Pulpo Media advertiser or affiliate 3. Placement of Pulpo Media Ad Tags on Publisher Properties Publisher shall be responsible for placing Pulpo Media Ad Tags on approved Publisher Properties and domains in a manner that allows verification of the URL or other location data associated with the Property and in compliance with these Terms and Conditions. Publisher will make the Inventory available to Pulpo Media in the Standard IAB Units supported by Pulpo Media, as described in these Terms and Conditions or as may be updated by Pulpo Media from time to time. Publishers may place any Standard IAB unit on the Publisher Properties via Ad Tags that are made available in their Pulpo Media account or supplied by their Pulpo Media account manager. Pulpo Media may, at its discretion, offer all or any portion of the Inventory made available by Publisher to one or more advertisers. Ad Tags are to be placed on approved Publisher Properties only. Publisher may not modify the Ad Tags or cause or enable them to be modified by any third party. Placing Ad Tags on non-approved Publisher Properties or domains is specifically prohibited by these Terms and Conditions and will result in immediate termination of this Agreement and non-payment of any and all amounts due Publisher. Publisher understands that the placement of Ad Tags on non-approved Publisher Domains may result in monetary and reputational harm to Pulpo Media. Therefore, Publisher acknowledges and agrees that, in the event that Ad Tags are placed on any unapproved domain, Pulpo Media shall be entitled to seek immediate injunctive relief, and Publisher will be liable to Pulpo Media for compensatory damages related to any lost revenue, loss of brand value or any other consequence resulting from such unauthorized use of Ad Tags. 4. Impression Counts; Reporting; Inventory Pulpo Media inventory counts and earnings shall be the sole source of measurement with respect to campaigns run on Publisher Site(s) and payments to be made to Publisher hereunder. Pulpo Media makes no guarantee that it will fill 100% of the advertising Inventory on the Publisher Site(s) with paying Advertisements. Publisher will receive monthly impression reports no later than ten (10) days following the end of each month. Once available, Publisher will also be provided access to an online dashboard, allowing Publisher to monitor Impressions and other Pulpo Media activity on the Publisher Properties. Any suspected discrepancies must be reported by Publisher within 30 days. Commercially reasonable efforts will be made to resolve discrepancies, provided, however, that any resolution will be at Pulpo Media’s discretion and will be final. Publisher must provide “default” ad tags to be booked in Pulpo Media’s system. This will allow Pulpo Media to serve default campaigns on the Publisher Properties when paid ads are not available. 5. Payment Provisions Pulpo Media will pay Publisher a revenue share equal to sixty percent (60%) of Net Revenue. Payments to U.S. Publishers will be made via check. International Publishers may elect to receive electronic payments, in which case payments of $1,000 or less will be made via PayPal or similar online payment service, and payments of over $1,000 will be made via wire transfer or International ACH. All payments will be made in U.S. dollars except in instances where an International Publisher has elected a wire transfer or International ACH payment method, for which Publisher agrees to pay applicable fees. Revenue share payments shall be paid forty-five (45) days following the end of each calendar month provided, however, that no payment will be issued to Publisher in any month where total accumulated amounts due to Publisher do not equal at least One Hundred Dollars ($100). Any monthly balance less than $100 will accumulate until such month in which the total accumulated amount due to Publisher reaches $100, at which time the balance due will be paid in full. Any payment dispute must be reported to Pulpo Media in writing within 30 days following receipt of payment. Pulpo Media will make commercially reasonable efforts to resolve reported inaccuracies fairly, provided, however, that any resolution will be at Pulpo Media’s discretion and will be final. If Pulpo Media pays Publisher by check, Publisher must cash such payment within one hundred and eighty days of the date of the check; otherwise such check will be null and void and publisher waives all rights and claims to such payment. 6. Taxes Pulpo Media is required by U.S. law to collect certain tax withholding information for all Publishers (US and international). Publishers must submit this information upon activation of their account with Pulpo Media. The accuracy and completeness of the tax information provided is the sole responsibility of the Publisher. No payments will be made to Publishers until all required tax or other information has been provided. Publisher shall be responsible for all taxes related to income received through Pulpo Media. 7. Collection and Use of Information and Data Publisher understands that Pulpo Media collects non-personally identifiable data in connection with the evaluation of Publisher Properties and the serving and placement of Advertisements on those properties. To the extent that Pulpo Media collects any user information and data in connection with Tags placed on Publisher Domain(s), such user information and data shall be owned by Pulpo Media. Pulpo Media and/or its Advertisers who, without further obligation to Publisher, shall have the right to utilize such data for any purpose that is not inconsistent with the Pulpo Media Privacy Policy. 8. Ownership of Advertisements Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, Pulpo Media and its advertisers have and will retain all rights, title and interest in and to the Advertisements and the service and all copies, modifications and derivative works thereof. Publisher acknowledges that it is obtaining only a limited, non-transferable, non-exclusive license right to display the Advertisements and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder no ownership rights are being conveyed to Publisher under these Terms and Conditions or otherwise. 9. Term; Termination Either party may terminate their relationship at any time or for any reason upon written notice to the other party, provided, however, that Publisher shall be obligated to fulfill any site-specific advertising campaigns configured to run on Publisher Site(s) prior to such termination. Pulpo Media will be released from all outstanding payment obligations in the event that these Terms and Conditions are terminated by Pulpo Media due to a breach by Publisher. Upon termination, Publisher shall promptly remove all Ad Tags from Publisher Domains. Notwithstanding anything else herein, Pulpo Media may suspend Publisher’s account immediately without notice in the event of any breach of these Terms and Conditions by Publisher. Upon termination of the parties’ relationship, Pulpo Media shall cease all use of the Publisher Marks. 10. Notices Notices to Pulpo Media may be sent via email to pulpo@pulpomedia.com. Any notice received later than 5:00 p.m. PST (or PDT) Monday – Friday, on a Saturday or Sunday, or on any U.S. federal holiday shall be deemed received on the following business day. It is the sole responsibility of the Publisher to maintain updated and accurate Contact Information through which Pulpo Media will respond to such notices or give notice to Publisher. Notices given pursuant to this Section 10 constitute notice in writing, where such is required herein. 11. Confidentiality Both parties understand and acknowledge that, during the performance of these Terms and Conditions, each party may be required to disclose to the other certain information which the disclosing party regards as proprietary or confidential. As used herein, the term “Confidential Information” shall include (i) trade secrets, business plans, strategies, and methods; (ii) computer system architecture and network configurations; (iii) all information obtained through the Pulpo Media reports, including, but not limited to, payment amounts received by Publisher hereunder, and (iv) any other information relating to the disclosing party that is not generally known to the public, including information about the disclosing party’s personnel, products, customers, financial information, marketing and pricing strategies. Each party may use Confidential Information disclosed to it only in connection with its performance hereunder, and not for any other purpose. Confidential Information shall not include information that (i) is or becomes part of the public domain through no act or omission of the receiving party; (ii) becomes known to the receiving party, without restriction, from a source other than the disclosing party without breach of these Terms and Conditions by the receiving party; (iii) was independently developed by the receiving party without any use of the Confidential Information of the disclosing party; (iv) the receiving party had in its possession prior to the date of disclosure by the disclosing party; or (v) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the receiving party shall provide prompt notice of such court order or requirement to the disclosing party to enable the disclosing party to seek a protective order or otherwise prevent or restrict such disclosure. 12. Representations & Warranties Publisher represents and warrants that: (i) it has all necessary rights and authority to enter into the relationship that is the subject of these Terms and Conditions and to perform its obligations hereunder; (ii) if an individual, he/she is at least eighteen (18) years of age; (iii) at all times during the term of its relationship with Pulpo Media, Publisher will conduct its business and fulfill its obligations hereunder in compliance with all applicable laws, rules and regulations including but not limited to the COPPA Act of 2000 and the CAN-SPAM Act of 2003. Pulpo Media represents and warrants that (i) it has all necessary rights and authority to enter into the relationship that is the subject of these Terms and Conditions and to perform its obligations hereunder; and (ii) will at all times during the terms of its relationship with Publisher, conduct its business and fulfill its obligations hereunder in compliance with all applicable laws, rules and regulations. 13. Disclaimer of Warranties EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY MAKES ANY WARRANTIES (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE), GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, OR OTHER INDUCEMENTS, EXPRESS OR IMPLIED. SERVICES PROVIDED BY PULPO MEDIA HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PUBLISHER ACKNOWLEDGES AND UNDERSTANDS THAT THE SERVICES PROVIDED BY PULPO MEDIA HEREUNDER MAY BE SUBJECT TO OCCASIONAL SERVICE INTERRUPTION. PULPO MEDIA SHALL NOT BE RESPONSIBLE FOR DELAYS OR SERVICE INTERRUPTIONS CAUSED BY ACCIDENT, ACT OF NATURE, SYSTEM FAILURE, GOVERNMENT OVERSIGHT OR OTHER CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. PULPO MEDIA MAKES NO REPRESENTATION OR WARRANTY AS TO PERFORMANCE, SERVICE UP-TIME OR RESULTS. 14. Indemnification Publisher is solely responsible for the all content appearing on Publisher Domains and shall hold Pulpo Media, its officers, directors, affiliates, employees, agents, representatives and advertisers harmless from and against any and all third party claims, demands, liabilities, expenses, losses and damages (including reasonable attorney’s fees) resulting from or related to: (i) content on or the operation of Publisher Domains (other than unmodified Advertisements or other content provided by Pulpo Media hereunder); (ii) Publisher’s breach of these Terms and Conditions; (iii) infringement or violation by Publisher or users of the Publisher Domains of any intellectual property right, including but not limited to any trademark, copyright or patent, any right of privacy or publicity or any other intellectual property right; or (iv) Publisher’s violation of any law or regulation, including but not limited to the CAN-SPAM Act of 2003 and the COPPA Act of 2000, and/or any privacy law, rule or regulation. Pulpo Media shall hold Publisher, its officers, directors, affiliates, employees, agents and representatives harmless from and against any and all third party claims, demands, liabilities, expenses, losses and damages (including reasonable attorney’s fees) resulting from or related to: (i) Pulpo Media’s material breach of these Terms and Conditions; (ii) infringement or violation by Pulpo Media of any intellectual property right, including but not limited to any trademark, copyright or patent, any right of privacy or publicity; (iii) Pulpo Media’s violation of any privacy law or regulation. 15. Limitations on Liability EXCEPT FOR THE INDEMNIFICATION PROVISIONS SET FORTH IN SECTION 14 ABOVE, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM ANY ASPECT OF THE RELATIONSHIP SET FORTH HEREIN. IN NO EVENT SHALL PULPO MEDIA’S TOTAL LIABILITY HEREUNDER EXCEED THE FEES PAID TO PUBLISHER HEREUNDER FOR THE MONTH IMMEDIATELY PRECEEDING THE DATE OF THE CLAIM. 16. Right to Modify Terms Pulpo Media reserves the right to change or alter the services and technology it provides Publisher and/or these Terms and Conditions, except for the payment provision set forth in section 5 above. Any material change to the Pulpo Media services and any change to these Terms and Conditions will be clearly posted on Pulpo Media’s website and communicated to Publisher through Email. Continued participation in Pulpo Media following notice of such change shall constitute Publisher’s consent to be bound by such amended Terms and Conditions. 17. Governing Law and Jurisdiction These Terms and Conditions will be governed by the laws of the State of California without regard to its conflicts of law provisions. The parties hereby consent to the exclusive jurisdiction of any state or federal court located in Alameda County, California. 18. Intellectual Property License Publisher hereby grants to Pulpo Media a limited, non-transferable (except as provided for herein), non - exclusive license, during the term of Publisher’s participation in Pulpo Media, to use and display the trademarks and logos associated with the Publisher Domains (the “Publisher Marks”) for the purpose of listing and promoting the Publisher as a member of Pulpo Media in connection with marketing to and communication with potential advertisers. 19. Miscellaneous The parties hereto are independent contractors and nothing contained herein or done in performance of these Terms and Conditions shall constitute either party as the agent or employee of the other party or constitute the parties as partners or joint ventures. Publisher may not assign or otherwise transfer, whether voluntarily or by operation of law, any of the rights or obligations contained herein without the prior written consent of Pulpo Media. Pulpo Media may transfer or assign its obligations under these Terms and Conditions without Publisher’s consent in connection with the sale, transfer or reorganization of its business. These Terms and Conditions constitute the entire agreement between the parties as to the subject matter hereof and supersede any prior proposals, agreements and/or representations between the parties. The waiver by either party of a breach or right under these Terms and Conditions will not constitute a waiver of any other or subsequent breach or right. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will remain in full force and effect. Publisher consents and agrees that accepting or making any transaction regarding any agreement, including the Terms and Conditions and the Code of Conduct, constitutes the signature, acceptance, and accord of Publisher as if actually signed by Publisher in handwriting. Further, Publisher agrees that no certification authority or other third party verification is necessary to the validity of Publisher's electronic signature, and that the lack of such certification or third party verification will not in any way affect the enforceability of Publisher's electronic signature or any resulting agreement between Publisher and Pulpo Media. Rev. 7/09

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