TweetROI unites influencers with marketers and protects the authentic personality that makes Twitter great. Twitterers recommend, in their own words, stuff they like. Marketers and PR professionals get valuable, previously unavailable Social Media exposure.

TweetROI User Agreement

1. Subject of the Agreement

TweetROI ("TweetROI") offers a network on the Internet (hereinafter "TweetROI Network") which allows a Twitterer (the "Publisher") to incorporate Marketing messages ("Marketing Messages") as part of Marketing programs ("Marketing Program") provided by online Marketers ("Marketers") when using the micro-blogging service "Twitter". The Publisher's micro-blogging messages (all together the "Micro-Blog") are published through various channels such as Websites or specific software clients. As the Marketing Messages are being published within the context of the micro-blogging service they are displayed along with the Publisher's other messages. For any successfully completed transaction which originates from the published Marketing and complies with the Marketing Program's commission conditions ("Commission Conditions") and these Terms and Conditions, the Publisher shall be financially rewarded.

TWITTER IS A TRADEMARK OF TWITTER INC. EXPLICIT NOTIFICATION IS HEREBY MADE THAT TWEETROI IS NEITHER AFFILIATED WITH TWITTER INC. NOR WITH ANY OF THEIR PRODUCTS.

2. Participation in the Network

By registering on the TweetROI Network as Publisher, you agree to accept all present Terms and Conditions. The Publisher affirms to be over 18 years of age, and fully able and competent to enter into the terms and conditions of this agreement. Additionally, the Publisher must have an account with PayPal.

After registration, the Publisher can define a message rate at which Marketing Messages will be accepted to be displayed along the other messages. If the current message ratio does allow so, the TweetROI Network will automatically try to identify a matching Marketing based on content and reach of the Micro-Blog, and publish it in the context of the Micro-Blog.

3. Duties of the Publisher

The Publisher warrants that the content of the Micro-Blog does NOT
- contain discriminations or defamations regarding race, gender, religion, nationality, disability, sexual preference or age, etc.
- comprise messages which glorify violence or contain sexually explicit or pornographic statements
- infringe copyright, trademark or other third party intellectual property rights
- compromise the Advertiser's reputation, brand or business

The Publisher warrants to provide correct and complete data at registration. In particular, valid credentials for the Publisher's Micro-Blogging service are required for successful participation in the TweetROI Network. Should any of this data change at a later point, the Publisher is obliged to update his/her data on the TweetROI Network.

The Publisher warrants to keep the access data for TweetROI Network confidential and not to provide it to third parties.

If the Publisher is subject to turnover tax, he/she is obliged to submit the tax payer identification number issued by her local tax authority via the designated forms on the TweetROI Network.

4. Misuse and Fraud

Any form of misuse of the TweetROI Network which leads to violation of applicable law or the present Terms and Conditions is prohibited.

Publishers are prohibited from attempting to obtain remuneration by unfair methods or inadmissible means. Procuring transactions themselves or through a third party to obtain commission is considered fraud. Pretending or faking transactions, e.g. by providing false data, non-existing data or third party data without authorization when ordering goods or registering online, is strictly forbidden.

Also, it is prohibited to fraudulently pretend or fake activity on the Micro-Blog, in an automated, unreasonable or any other way, at an unusually high rate of messages and with the bare intention to maximize the number of delivered Marketing Messages. Furthermore, a Micro-Blog which merely reproduces other sources, e.g. by aggregating one or more RSS feeds, does not qualify for participation in the TweetROI Network.

The Publisher warrants to preserve Marketing Messages in her Micro-Blog once they have been incorporated through the TweetROI Network. Removal of Marketing Messages from the Micro-Blog at a later point is considered fraud.

Any form of misuse will lead to immediate blocking of the Publisher's account. Within 4 weeks, the Publisher may raise an objection in written form (e-mail, letter, fax) in order to explain the incident and provide evidence that her behavior has been in accordance with these Terms and Conditions. If the Publisher is not able to refute the allegation, the termination of her account will be issued. In such a case, the Publisher will not be entitled to any remuneration. Any damage caused by the Publisher's violation of these Terms and Conditions may result in further legal actions.

5. Remuneration

Each Marketing Program introduced to the Publisher through the TweetROI Network has its individual Commission Conditions associated. These conditions state the compensation model (e.g. "per view", "per click", "per lead") which applies for the respective program by defining the transaction required to qualify for remuneration. For example, such a transaction may involve the publishment of the Marketing ("per view"), the clicking on a link within the Marketing ("per click"), or other actions like the purchase of goods ("per sale"), the request for services, the registration on a Website or the subscription to a newsletter ("per lead"). For Marketing Programs based on "per click" or "per lead" compensation, the Commission Conditions also state the remuneration per successful transaction. For Marketing Programs based on "per view" compensation, remuneration depends on the Micro-Blog's number of followers and on the popularity of the Micro-Blog's content quantitized by automated bidding among the Marketers.

The Publisher only has a right to remuneration for successful transactions originating from Marketing Messages published on her Micro-Blog which were completed in compliance with the respective Marketing Program's Commission Conditions and these Terms and Conditions. No payment will be made to the Publisher for any Marketing that results in fraud or in an unreasonable or unusually high rate of returns.

For the payments, a dedicated account is set up for the Publisher which will be credited with the remuneration without requiring an invoice. No interest will be paid on the credit balance. Remuneration for Marketing Programs based on "per click", "per lead" or "per sale" compensation may be delayed for up to 10 weeks. The Publisher can check the balance of her account by logging on to the TweetROI Network. Once the minimum disbursement amount of $50 has been credited to this account, the Publisher can issue the payout to her PayPal account. Payments to bank accounts other than with PayPal are not feasible.

6. Termination

This agreement is concluded for an indefinite term. Both parties may terminate the agreement at any time in written form (e-mail, letter, fax). Additionally, the Publisher may terminate this agreement by using the designated button on the TweetROI Network. TweetROI further reserves the right to terminate the Publisher's access to the TweetROI Network with immediate effect, with or without cause and with or without notice.

If the Publisher's remaining credit at termination exceeds the minimum disbursement amount of $50, the Publisher is required to issue the payout to her PayPal account within seven (7) days. Otherwise, the Publisher shall forfeit her credit.

7. Liability

TweetROI shall use reasonable endeavors to ensure continuous provision of the TweetROI Network to Publishers and Marketers. However, TweetROI will make no warranty that the availability of the TweetROI Network will be without interruption or delay and that the provided information thereon is error-free.

In case of malfunctioning of the TweetROI Network or unavailability of the Internet, TweetROI shall not be held liable for any damages in respect of consequential losses such as loss of profits or others.

TweetROI shall by no means be held liable for the content of the messages published by the Publisher in the context of her Micro-Blog.

8. Indemnification

The Publisher agrees to indemnify and hold harmless TweetROI and the Advertiser from and against any claims, demands, liabilities, damages and losses, arising out of or relating to, the Publisher's violation of any law or regulation, or the Publisher's breach of these Terms and Conditions.

9. Data Protection

TweetROI is very concerned with protecting the Publisher's privacy. Reasonable measures are undertaken to prevent unauthorized access to any personal information.

The Publisher entitles TweetROI to store all personal information submitted by the Publisher and use the data as is necessary in order to operate participation in the TweetROI Network.

10. Modification of the Terms and Conditions

TweetROI reserves the right to amend these Terms and Conditions at any time. The Publisher will be informed by e-mail about the modified conditions at least two weeks prior to the effective date. The Publisher's continued use of the TweetROI Network after the amendments have become effective is deemed acceptance of the changes by the Publisher.

11. U.S. Export Controls

Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

12. Disputes

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of South Carolina without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of South Carolina, City of Myrtle Beach.

13. Final Provisions

If any part of these Terms and Conditions is held invalid or unenforceable, this shall not affect the validity of the remaining terms and conditions. Such invalid provision will be replaced with a valid and enforceable provision that achieves the economic, business and other purposes of such invalid or unenforceable provision as close as possible.

The Publisher agrees that any rights and obligations under these Terms and Conditions may not be transferred, assigned, licensed or otherwise alienated unless permitted expressively and in written form (e-mail, letter, fax) by TweetROI.

Last updated on: 7.5.2009
© Social ROI, Inc.