Date of Last Revision: February 15, 2012
1) When you place an insertion order (“IO”) to advertise with Baja.com Inc., you agree to these Advertising Terms and Conditions.
2) Each IO will include the description of services you would like to purchase and the amount to which you are committed. When serving your advertising, we do our best to deliver the advertising broadly and to the desired audience; however, we cannot guarantee in every instance that your ads and/or listings displayed via Baja.com (as the case may be, “Ad(s)”) will reach its intended target or achieve the results you are trying to achieve.
3) You will pay for your IOs in accordance with our payment terms contained herein. In the event any of your advertising is performance based, the amount you owe will be calculated based on our tracking mechanisms.
4) We will determine the size, placement, ranking and positioning of your Ad(s).
5) We do not guarantee the activity that your Ad(s) will receive, such as the number of clicks you will get unless you purchase a cost-per-click advertising in which case we will either achieve the number of clicks for which you paid or offer you a refund.
6) We cannot control how people interact with your Ad(s), and are not responsible for click fraud or other improper actions that affect the cost of running Ad(s). We do, however, have systems to detect and filter certain suspicious activity.
7) You can cancel your IO at any time by emailing us at Ads@baja.com, but it may take a reasonable period of time for us to remove your Ad(s). You are still responsible for paying for any advertising for which you have committed.
8) Our license to run your Ad(s) will end when we have completed your IO. You understand, however, that if users have interacted with your ad, your Ad(s) may remain until the users delete it.
9) We can use your Ad(s) and related content and information for marketing or promotional purposes, including by third parties such as press and media, whether in print or otherwise.
10) You will not issue any press release or make public statements about your relationship with Baja.com without written permission.
11) We may reject or remove any Ad(s) for any reason.
12) If you are placing Ad(s) on someone else’s behalf, we need to make sure you have permission to place those Ad(s), including the following:
a) You warrant that you have the legal authority to bind the advertiser to the commitments associated with the advertising.
b) You agree that if the advertiser you represent violates our agreement, we may hold you responsible for that violation.
a) Data and Privacy
i) Ad creative may not contain user data received or derived from Baja.com Inc., even if a user consents to such use.
ii) User data received or derived from Baja.com Inc., including information collected from an Ad(s)or derived from targeting criteria, may not be used off of Baja.com Inc. without users’ prior express consent (and only to the extent such use isn’t otherwise prohibited under applicable policies).
b) Ad Creative and Positioning. All components of an ad, including any text, images, or other media, must be relevant and appropriate to the product or service being offered and the audience viewing the ad. Ad(s) may not contain audio or flash animation that plays automatically without a user’s interaction. Ad(s) may not position products or services in a sexually suggestive manner. Ad(s) may not contain content that exploits political agendas or “hot button” issues for commercial use. Additionally, Ad(s) text must include proper grammar and the use of all symbols, numbers, or letters must adhere to the true meaning of the symbol.
c) Accuracy. Ad(s) must clearly represent the company, product, service, or brand that is being advertised and must not contain false, misleading, fraudulent, or deceptive claims or suggest false relevancy to generic offers. Products and services promoted in the Ad(s)copy must be clearly represented on the landing page, and the destination site may not offer or link to any prohibited product or service
d) Attribution. Ad text may not assert or imply, directly or indirectly, within the Ad(s)content or by targeting, a user’s personal characteristics within the following categories:
i) race or ethnic origin;
ii) religion or philosophical belief;
iv) sexual orientation or sexual life;
v) gender identity;
vi) disability or medical condition (including physical or mental health);
vii) financial status or information;
viii) membership in a trade union; and
ix) criminal record.
e) Destination Sites. Ad(s) must lead to a functioning landing page that does not interfere with a user’s ability to navigate away from the page.
f) Targeting. Ad(s) must always apply appropriate targeting and never use targeting criteria to provoke users. Ad(s) for regulated goods and services (e.g. alcohol and gambling), must abide by all applicable laws, regulations, and industry codes. Specific requirements for dating services, alcohol, gambling, contraceptives and subscription services must adhere to the requirements listed in the Help Center under the applicable content sections.
g) Ad Content. Advertisers must ensure that their Ad(s) comply with all applicable laws, regulations and guidelines. All claims in Ad(s) must be adequately substantiated. Ad(s) must not offend users. Ad(s) and any offers promoted within Ad(s) must not be false, deceptive or misleading or contain spam. Ad(s) must not contain or promote illegal products or services. Ad(s) must not violate the rights of any third parties. The following specific content guidelines apply:
i) Adult Products. Ad(s) may not promote the sale or use of adult products or services, including but not limited to toys, videos, publications, live shows, or sexual enhancement products. Ad(s) for family planning and contraception are allowed provided they follow the appropriate targeting requirements.
ii) Alcohol. Where permissible, Ad(s) that promote or reference alcohol must: (i) Comply with all applicable local laws, required or recommended industry codes, guidelines, licenses and approvals and (ii) apply age and country targeting criteria consistent with Baja.com Inc.’s targeting guidelines and applicable local laws. Where a user’s age or country cannot be determined, the Ad(s) must not be displayed to the user.
iii) Dating. Ad(s) for adult friend finders or dating sites with a sexual emphasis are not permitted. Ad(s) for other online dating services must adhere to the dating targeting requirements and the name of the product or service must be included in the Ad(s) text or image.
iv) Drugs and Tobacco. Ad(s) may not promote or facilitate the sale or consumption of illegal or recreational drugs, tobacco products, or drug or tobacco paraphernalia.
v) Gambling and Lotteries
(1) Ad(s) that promote or facilitate online gambling, games of skill or lotteries, including online casino, sports books, bingo, or poker, are only allowed in specific countries with prior authorization from Baja.com Inc.
(2) Lottery commissions licensed or sponsored by government entities may advertise on Baja.com Inc.; provided that Ad(s) must be targeted in accordance with applicable law in the jurisdiction in which the Ad(s) will be served and may only target users in the jurisdiction in which the lottery is available.
(3) Ad(s) that promote offline gambling establishments, such as offline casinos, in accordance with applicable laws and regulations, are generally permitted, provided that Ad(s) must be appropriately targeted.
vi) Pharmaceuticals and Supplements.
(1) Ad(s) must not promote the sale of prescription pharmaceuticals. Ad(s) for online pharmacies are prohibited except that Ad(s) for certified pharmacies may be permitted with prior approval from Baja.com Inc.
(2) Ad(s) that promote dietary and herbal supplements are generally permitted, provided they do not promote products containing anabolic steroids, chitosan, comfrey, dehydroepiandrosterne, ephedra, human growth hormones, melatonin, and any additional products deemed unsafe or questionable by Baja.com Inc. in its sole discretion.
vii) Software. Ad(s) may not contain or link directly or indirectly to a site that contains spyware/malware downloads, or any software that results in an unexpected, deceptive or unfair user experience, including but not limited to software which:
(1) “sneaks” onto a user’s system;
(2) performs activities hidden to the user;
(3) may alter, harm, disable or replace any hardware or software installed on a user’s computer without express permission from the user;
(4) is bundled as a hidden component of other software whether free or for an additional fee;
(5) automatically download without Baja.com Inc.’s express prior approval;
(6) presents download dialog boxes without a user’s action; or
(7) may violate or infringe upon the intellectual property rights of any third party, including copyright, trademark, patent or any other proprietary right.
viii) Subscription Services. Ad(s) for subscription services, or that promote products or services that include negative options, automatic renewal, free-to-pay conversion billing products, or mobile marketing are subject to the following requirements:
(1) Ad text must clearly and conspicuously disclose the recurring billing component (e.g. “subscription required”).
(2) The landing page must:
(a) display the price and billing interval wherever the user is prompted to enter personally identifiable information;
(b) include an unchecked opt-in checkbox; and
(c) include language informing users how to cancel their subscription or membership.
(3) Each of the foregoing must be located in a prominent place on your landing page, as determined by Baja.com Inc. in its sole discretion, and should be easy to find, read, and understand.
ix) Unacceptable Business Model. Ad(s) may not promote a business model or practice that is deemed by Baja.com Inc. in its sole discretion to be unacceptable or contrary to Baja.com Inc.’s overall advertising philosophy or to any applicable law, including but not limited to multi-level marketing schemes, or advertisements for scams.
x) Weapons and Explosives. Ad(s) may not promote the sale or use of weapons, ammunition, or explosives.
14) Community Standards. Ad(s), or categories of Ad(s), that receive a significant amount of negative user feedback, or are otherwise deemed to violate our community standards, are prohibited and may be removed. In all cases, Baja.com Inc. reserves the right in its sole discretion to determine whether particular content is in violation of our community standards.
a) Illegal Activity. Ad(s) may not constitute, facilitate or promote illegal activity.
b) Harassment. Ad(s) may not insult, attack, harass, bully, threaten, demean or impersonate others.
c) Hate Speech. Ad(s) may not contain “hate speech,” whether directed at an individual or a group, based on membership within certain categories. These categories include, but are not limited to, race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language.
d) Minors. Ad(s) that are targeted to minors may not promote products or services that are illegal for use by minors in their jurisdiction, or that are deemed to be unsafe or inappropriate.
e) Sex/Nudity. Ad(s) may not contain adult content, including nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.
f) Shock Value. Ad(s) may not be shocking, sensational or disrespectful, or portray excessive violence.
15) Baja.com Inc. References. Ad(s) may not imply a Baja.com Inc. endorsement or partnership of any kind. Ad(s) linking to Baja.com Inc. branded content (including Pages, groups, events, or Connect sites) may make limited reference to “Baja.com Inc.” in Ad(s) text for the purpose of clarifying the destination of the ad. All other Ad(s) and landing pages may not use our copyrights or trademarks (including Baja.com Inc., the Baja.com Inc. and F Logos, FB, Face, Poke, Book, and Wall) or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
16) Rights of Others. Ad(s) may not include content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
17) Making Purchases
a) When you confirm a transaction on Baja.com Inc., you agree to be bound by and pay for that transaction.
b) Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying.
c) Don’t commit to a transaction unless you are ready to pay, because all sales are final.
d) If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.
e) You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
f) Even though we use terms like purchase, buy, sell, and order to talk about transactions related to Credits, you don’t receive an ownership interest in those items.
g) WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH BAJA.COM INC.
18) Payment Sources
a) We want to make payments convenient, so we allow you to make payments using a number of different payment sources, like credit cards and debit cards.
b) When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information.
c) When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction.
d) If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available.
e) If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
19) Actions We May Take. As part of our effort to keep Baja.com Inc. safe, we may take certain actions to reduce liability for users and us.
a) We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
b) We may cancel any transaction if we believe the transaction violates these Payments Terms, or we believe doing so may prevent financial loss.
c) We may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss.
d) We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.
e) If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys’ fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.
20) Disputes and Reversals
a) If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss.
b) To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge.
c) You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
d) If you enter into a transaction with a third party and have a dispute over the goods or services you purchased we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent.
e) We may intervene in disputes between users concerning payments but have no obligation to do so.
f) Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
21) Special Provisions Applicable to Advertisers.
a) When you purchase advertising on or through Baja.com Inc., you agree to pay all amounts specified in the order, along with any applicable taxes.
b) You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any orders placed on or through your advertising account.
c) You can cancel an advertising order at any time through our online portal, but your Ad(s) may run for several days after you notify us, and you are still responsible for paying for those Ad(s).
d) Without limiting section 4.1, your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter.
e) It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.
22) Notices and Amendments to These Payments Terms
a) We may provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent.
b) Except as otherwise stated, you must send notices to us relating to payments and these Payment Terms by postal mail to: Baja.com Inc., Attention: Legal Department, PO Box 29502, #99533, Las Vegas, NV 89126.
c) The Payment Terms in place at the time you confirm a transaction will govern that transaction.
d) We may change these Payment Terms, in whole or in part, at any time.
a) If you are under the age of 18, you may make payments only with the involvement of a parent or guardian. You should review these Payments Terms with a parent or guardian to make sure that you both understand them.
b) If you are a resident of or have your principle place of business in the US or Canada, these Payments Terms are between you and Baja.com Inc. If you are a resident of Mexico, these Payments Terms are between you and Baja Punto Com de Mexico SA de RL de CV. References to “us,” “we,” and “our” mean either Baja.com Inc. or Baja Punto Com de Mexico SA de RL de CV, as appropriate.
Some countries may restrict or prohibit your ability to make payments through Baja.com Inc. Nothing in these Payments Terms should be read to override or circumvent any such for