Genius Link services
Genius Link is a link management service that you can use any time you place a link in Your Property. “Your Property” includes your website, mobile application or other online property, and it includes offline properties such as when you print a link or place QR codes. The Genius Link service provides a specialized link, called a “geni.us link” to replace any link in Your Property that you specify. Once you use a geni.us link in place of your original link, the geni.us link may route users who click on it to the intended, or most relevant, item in the storefront that is most appropriate based the consumer's location, device, language or other factors. (Note: we refer to our links as “geni.us link” even though they may use a different domain.) The Genius Link service does not provide personal information or personally identifiable information about consumers ("PII"). The geni.us link may also incorporate the appropriate affiliate information for your link if you have provided GeoRiot with the applicable affiliate parameters.
For a complete description of the features of the Genius Link service, and to sign up, go to http://www.geni.us.
Fees and Payment
The Genius Link service employs a monthly fee model with additional pay-per-click pricing for overages; you will be charged on a monthly basis for the plan that you select upon signup. In each plan, you may be given an amount of free clicks that you can use within the calendar month timeframe. After that number of clicks, if any, is exhausted, additional ”buckets” of clicks will be automatically added to your monthly invoice. You will only be charged for the clicks on your links during the previous month that are deemed by GeoRiot to have originated organically (non-bot, or non-junk, clicks). Other additional features (such as a custom domains or users) are provided for an additional monthly fee. You agree to pay the plan price, any additional per-click fees, and any other charges incurred in connection with your Genius Link account (including any applicable taxes) at the rates in effect for the plan that you select. The rates in effect are found on our website at http://www.geni.us/pricing. You may also find your rate, if different than the published rates, and current account balance on the Billing page in the Dashboard (http://my.geni.us/account/billing). We will notify you by email at least 14 days in advance of any mandatory rate change affecting your account and you are permitted to change plans at any time. When changing plans, your monthly fee will reflect the change as of the day the plan was changed, and your fees will be pro-rated. Downgrading plans may result in an irreversible loss of features of your existing links.
Payments can be made via credit card or debit card through our Dashboard. Unless you make other arrangements with us, we will invoice you on the first day of each month and automatically charge your payment card shortly thereafter. In the event that the payment card could not be charged initially, we will make subsequent attempts. If you can not provide a valid payment card, contact GeoRiot to set up monthly invoicing via ACH, SWIFT, or other electronic means within 14 days of creating your account. If no means of electronic transfer is available, GeoRiot, at its option, may create a custom agreement and payment model with you.
A free trial may be provided for new clients and may consist of a period of time, as defined on the pricing page or billing page, in which the client may have an unlimited number of free clicks and access to features. Where a free trial is offered, each plan gets a certain number of clicks included each month before being charged overages after the trial is over. The number of free clicks before your payment card will be charged is published at http://www.geni.us/pricing and is dependent on the plan you choose. The number of free clicks depends on the free trial offered and the plan you select and is subject to change.
You agree to pay any invoice issued by GeoRiot within 30 days of the date of invoice unless otherwise previously agreed in writing by GeoRiot. GeoRiot reserves all remedies if you fail to make timely payment, including termination of your account. In any case, in the event of late or non-payment, The Genius Link service will immediately limit functionality of your links. This may include disabling your affiliate parameters (if any were supplied), using the Genius Link parameters for any subsequent clicks on geni.us links, disabling advanced targets, disabling support for pixeling during a link redirect, and significantly reducing functionality of your Dashboard. Full link and Dashboard functionality will be restored when your account is made current.
Generally, all fees and charges are non-refundable. At our discretion, we may issue refunds or credits. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the fees and charges currently in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. If you want to use a different payment card or you need to update your payment card details, you may do so within the Dashboard by adding a new card first, which will delete your previous card. If you believe someone has accessed the Genius Link service using your username and password without your authorization, please immediately notify us at firstname.lastname@example.org with the subject “Suspected unauthorized access”. You are responsible for any fees or charges incurred to access the Genius Link service through an Internet access provider or other Third Party service.
Any accrued account credits will be applied first to an invoice. If the account credit doesn’t fully cover the amount then you are responsible for covering the difference via the payment method on file. If your account credit fully covers the current invoice, the remaining balance will be applied to the next invoice.
Excess account credit may be payed out via a check after accruing at least $1,000 USD or at the discretion of GeoRiot. Accrued account credits are forfeited if your account is terminated.
Term; Termination and Renewal.
If you disagree with the amount of any invoice, you agree to inform us of the grounds for your dispute within seven days after you received the invoice.
Most client concerns can be resolved quickly and to the client's satisfaction by emailing the Geniuslink team at email@example.com or calling us, and leaving a message, at 408.384.8165 during normal business hours in the UTC-8 (West Coast) time zone.
Effect of Termination
Upon termination of your account for any reason, Geniuslink may immediately stop serving your affiliate tracking code but we may continue to redirect clicks with the Genius Link services's default affiliate parameter. In such cases, we may receive any affiliate program revenue associated with your links until you delete or modify the geni.us links on Your Property. No charges will be made to your payment card for any clicks still served after termination, but any geni.us link may default to the original destination, and additional features such as advanced targets or remarketing pixels may be disabled. Upon termination of your Geniuslink account, your right to use the service and our right to charge you will terminate, but obligations that arose before termination that by their nature should continue, will continue (e.g., confidentiality covenant, indemnification obligations, payment obligations, disclaimers, liability limitations) and you will be responsible for any charges that accrued before termination.
Failure to Provide Affiliate Parameters
When you sign up for the Genius Link service you are prompted, but not required, to provide your parameters for the relevant affiliate programs (e.g., an affiliate token or an example link from the program) via the specialized “Affiliate” tool in the Dashboard (found at https://my.geni.us/Affiliate). Until you have provided us with the means to associate your links with an affiliate program, you will not receive any commissions, payments, credit, or other benefits from these affiliate programs. The same goes for countries or affiliate programs that you do not support. In such cases GeoRiot will receive any affiliate program revenue associated with your links. Please take note that affiliate parameters already embedded in your links that are converted to geni.us links may not automatically transfer during the link redirection, regardless of the affiliate program or link. You must supply your affiliate parameters via the “Affiliate” tool in the Dashboard to ensure you receive credit for them. Contact the Geniuslink Team if you have questions about the affiliation of a link not specifically supported by the Genius Link services.
We strive to meet industry uptime standards, and to date has had over 99.99% uptime, but we cannot guarantee that the Genius Link service, the Site, or the Dashboard will be accessible and available at all times. For example, sometimes the Dashboard may be inaccessible due to service maintenance, user error, or failures of our upstream providers beyond our control. If having a specific uptime guarantee is important to your business, please contact us to enter into a separate agreement.
Our goal is 100% uptime; however, from time to time, we may need to suspend service for system upgrades and maintenance. Except in unusual cases, we will give 24 hours advance notice of any planned system downtime. As the Service runs independently from the Dashboard, we will not generally give notice of Dashboard downtime.
We will not be liable for lost clicks due to Site access or the Service being interrupted. We will work to restore services as quickly as we can, but we make no guarantees as to how quickly we will be able to restore services since it depends on many factors. Further, we may require action from you to restore service and you are requested to comply as quickly as possible. We may, but are not required, to compensate you for any downtime in Site access or the Service in our sole discretion by giving you performance credits.
Similarly GeoRiot is not liable and cannot be held accountable for issues or errors in regards to the affiliate networks' or advertisers' handling of clicks or links.
You agree that you will not use the Genius Link service for any use that is unlawful, or for sites that have, or links for, pornography or sexually explicit content, are racist or have hate content, use adware or spyware, rely on or generate artificial traffic or forced clicks, or use illegal peer-to-peer or file sharing activities either currently or in the future. You will not conduct email traffic on your site that violates applicable law. You will not use the Genius Link services for fraudulent purposes. This includes, but is not limited to, affiliate cookie stuffing. All traffic sent through the Genius Link services must originate from an organic click and not be forced.
If we believe your account is associated with the aforementioned practices, at our discretion we may terminate your account and change the destination of all your geni.us links. You will not be eligible to sign up again for an account with Geniuslink.
You are permitted to route the click through internal/external means on Your Property before sending it through the Genius Link service. This includes using an internal redirect/proxy for analytics gathering or to keep URLs clean inside Your Properties. This also includes using an external redirect/proxy such as Bit.ly. You are also permitted to override the "hover text" or the browser's status bar text of the geni.us link that replaces your link. When modifying either the status bar or hover property, the text shown must be the approximate final destination of the URL being modified or relevant information about the URL’s final destination.
Outside of limited testing, you will not modify headers or IP addresses when sending links to the Genius Link service. This includes, but is not limited to, forging or spoofing request or client headers or IP addresses. You will not modify geni.us links or parameters for fraudulent purposes.
You will not attempt to exploit our system or service in any way including but not limited to hacking or SQL injections.
You will not, directly or indirectly, decompile, disassemble or reverse engineer or attempt to discover the source code of, or facilitate, enable, cause, or allow any third party to decompile, disassemble or reverse engineer or attempt to discover the source code of, the Site or other components of our service.
You will not intentionally disrupt or impede access to the Genius Link service or any website, service or other digital property of our clients.
You will not impersonate anyone or any entity.
You will not transfer personal information or personally identifiable information about consumers ("PII") collected by or from Your Property to the Site, or otherwise transfer or transmit PII to GeoRiot other than your own.
You represent (and will ensure) that all of Your Properties, and all your services and activities using Your Properties, which make use of the Site or the Services, comply with all applicable laws and regulations. You represent to GeoRiot that you are aware of the laws that apply to Your Property, in all nations, states or other jurisdictions in which you do business using Your Property ("Your Applicable Law"), and you acknowledge that GeoRiot relies upon you to comply with all such laws. In particular, and without limitation, such laws may include:
If Your Property is used to do business in the United States ("US"), the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 ("CAN-SPAM Act"); the Federal Trade Commission's prohibitions on unfair, deceptive or fraudulent practices, and guidelines for disclosures to consumers; the Restore Online Shoppers Confidence Act; the Children's Online Privacy Protection Act ("COPPA"); any applicable regulations of the Federal Communications Commission ("FCC"); and any federal or state requirements for the protection and use of PII.
If Your Property transfers PII from any member state of the European Union ("EU") or from Switzerland to the US for any purpose, the US-EU Safe Harbor or US-Switzerland (as applicable) Privacy Shield principles, the EU as well as any applicable legal requirements of the EU member state, or Switzerland if applicable, within which Your Property is being used to do business or collect PII.
If Your Property transfers PII from any other nation or other jurisdiction, the laws and regulations of that jurisdiction which apply to the use and operation of Your Property in that jurisdiction, including but not limited to laws and regulations concerning the collection, use, processing, storage and disclosure of PII.
You represent (and will ensure) that Your Property includes any services, functions, disclosures, notices or other applications or documentation required by, and is administered in accordance with, any developer, ecommerce, app store or other program license or other program requirements which apply due to Your Property's participation in or use of any third party's website, application programming interface ("API"), software or service which supports or enables Your Property ("Your Platform Obligations").
You will not attempt to resell individual features or "sub-accounts" of the Genius Link services without our express written approval. (See "Marketing Coordination and Publicity," below.)
You represent that:
You have published and will maintain any notice to users, consumers or other parties that is required for Your Property under Your Applicable Law or Your Platform Obligations, and will administer and maintain Your Property as required in any such notice. This includes but is not limited to the disclosure statement for affiliates using the Amazon program.
You will obtain and will maintain records of any individual authorizations or consents required for Your Property under Your Applicable Law or Your Platform Obligations, and will administer and maintain PII you collect and Your Property subject to any limitations in such authorization or consent.
You have obtained and will maintain any governmental approvals, licenses, consents or authorizations required for Your Property under Your Applicable Law or Your Platform Obligations and, will administer and maintain Your Property as required by any such approval, license, consent or authorization.
You have obtained and will maintain any license, approval, consent or agreement required for use of any proprietary information or intellectual property which constitutes any portion of or is used in connection with use of the Genius link service.
NAI Code of Conduct
You will use commercially reasonable efforts to comply with the Network Advertising Initiative Code of Conduct rules applicable to your business. In particular, without obtaining the applicable individual's opt-in consent, you will not attempt to merge any personal identifying information with any non-personal identifying information received from us or collected across web domains owned or operated by different entities.
If you collect data for interest-based advertising, you will clearly and conspicuously post a notice that contains:
statement of that data may be collected for interest-based advertising;
description of types of data that are collected for interest-based advertising purposes;
explanation of how, and for what purpose, the data collected will be used or
transferred to third parties; and
a conspicuous link to an opt-out mechanism.
DISCLAIMERS AND WARRANTY
We do not guarantee an improvement in your revenue, number of clicks, commissions, orders, earnings per click, or conversion rate as a result of using the Service or working with us.
We have no control over advertisers, affiliate networks, or affiliate programs. Using the Genius Link service does not mean that you have been admitted into any affiliate program or affiliate network. You can learn more about applying to the affiliate programs and affiliate networks that our service supports in our Knowledge Base at http://help.geni.us. We are not liable and cannot be held accountable for issues or errors relating to how an affiliate network or advertiser handles clicks or links.
You agree to immediately alert us if you are denied or removed from any affiliate program related to the Genius Link services.
The Genius Link service is provided "as is" without any warranty of any kind, express or implied, and we disclaim all warranties of merchantability, fitness for a particular purpose, or for non-infringement. We do not guarantee or promise that the Genius Link service will be secure, accurate, timely, error free, or will accomplish any particular results.
You are solely responsible for building your links correctly and for configuring your account via the Dashboard, or other tools. We strongly encourage you to regularly test your links. We are not responsible for, and disclaim any warranty for your links or for using our tools on Your Properties.
Using the Genius Link service is at your own risk, is your responsibility, and you are solely responsible for any damages that you cause us, yourself or any third party. We are not responsible and disclaims any warranty for misuse of our Genius Link service by any third party. It is your duty, and you are hereby advised that you should verify any and all information that you provide to us for its integrity and accuracy since we are not liable for any omissions or other defects. We are not liable for any decision, in whole or in part, that you make from using analytics that we provide to you.
LIMITATION OF LIABILITY
Important: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. THIS IS SO WHETHER THE DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY. This remains the case even if we or any of our suppliers have been advised of the possibility of damages. This disclaimer includes, without limitation, damages for any of the following:
for the loss of use, data, or profits, in any way connected with the use or performance of our service;
for the delay or inability to use our service;
for the provision of or failure to provide services; or
for any information, software, products, services, and related graphics obtained through the use of our service.
This provision is not intended to disclaim liability for our intentional or grossly negligent conduct.
This limitation may not apply to you if your loss occurs in any of the states or jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages.
Important: Our maximum liability to you will be the amount of subscription fees and other charges you have paid us within the relevant statute of limitation, unless that amount is increased by any relevant statutory multiplier or penalty.
Below you will find a Binding Arbitration section, which deals with the availability of damages. If there is any conflict between the above "Disclaimers and Warranty" section on the one hand and the Binding Arbitration section below on the other hand, the Binding Arbitration section will govern.
If you are a California resident, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, which says:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Explanation: Under section 1542, a general release, like the one you are agreeing to here, does not apply to cases in which
(1) a person does not know at the time of signing the release that he or she currently has a favorable claim they could make, and
(2) had he or she known it at the time, they might not have agreed to sign the release.
YOU ARE AGREEING THAT THIS SECTION, EVEN IF YOU ARE A CALIFORNIA RESIDENT, DOES NOT APPLY TO YOU. If you are a resident of some other state or jurisdiction, you waive any similar or comparable statute or doctrine that might be in effect there.
Intellectual Property Rights
All contents of our Site, our blog and our Knowledge Base, are copyright © 2017 GeoRiot Networks, Inc. and/or its suppliers, affiliates and partners, all rights reserved. Except as expressly authorized by GeoRiot, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our Site or the Genius Link service in whole or in part. In connection with your use of the Genius Link service, you will not use any data mining, scraping, robots, or similar data gathering or extraction methods. Any use of the Genius Link service or our content other than as specifically authorized herein is strictly prohibited. The technology and software underlying our Site and the Genius Link service, or distributed in connection with it (the "Software") is our property or property of our affiliates or partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, nor to sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted to others here remain the rights of GeoRiot.
GeoRiot hereby grants to you, our client, a single, non-exclusive, non-transferable, revocable, non-sublicensable, worldwide right and license to use the Genius Link service during the term of this Agreement.
In order to maintain our good standing with the affiliate programs we support we may provide regular reports of activity within our service to the account managers of the affiliate program. This may include a list of the individual accounts using a specific program, information about their click traffic or referrer, as well as the affiliate tracking information provided. You give us permission to do this.
As a condition of using the Genius Link service, you agree to not use any Confidential Information acquired from us or our digital properties (or from use of the Genius Link service in any way) to compete with us directly or indirectly or mimic the look and feel of our Site in Your Properties or those that you may be related to or have interest in.
Marketing Coordination and Publicity
You may not attempt to resell individual features or "sub-accounts" of the Genius Link service without our express written approval. If you would like to incorporate Genius Link tools or service into something you plan on selling (consulting services, a suite of tools for marketing, etc.) you must present your marketing plan to us in writing by emailing firstname.lastname@example.org. GeoRiot may approve or deny your plan in its sole discretion and reserves the right to reverse it’s decision at a later date.
You acknowledge and agree that we will collect Click data from your links with that of other customers for use in our analytical services. Some analytical services are a premium service that you may select in your service options. Aggregated Click data are our work product and property. In our sole discretion, we may choose to make metrics available to our clients in accordance with applicable law, rules and regulations.
Binding Arbitration; Waiver of Class Action
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
Most client concerns can be resolved quickly and to the client's satisfaction by emailing us at email@example.com or calling us, and leaving a message, at 408.384.8165 during normal business hours in the UTC-8 (West Coast) time zone.
If you and we have not been able to resolve a dispute after attempting to do so informally, including through mediation (which GeoRiot will pay for), we each agree to resolve the dispute through binding arbitration or small claims court -- instead of courts of general jurisdiction.
You and we agree that all disputes and claims between us will be settled by arbitration or in small claims court. This agreement to arbitrate (the "Arbitration Agreement") is intended to be broadly interpreted. It includes, but is not limited to the following:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
Although you may not bring a suit in a court other than small claims court, you may bring issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or the Attorney General of your state. If the law allows, such agencies can seek relief against us on your behalf.
By entering into this Arbitration Agreement, you and GeoRiot are each waiving the right to a trial by jury or to participate in a class action.
Because this document includes this Arbitration Agreement, making it a transaction in interstate commerce, it is governed by the Federal Arbitration Act.
This Arbitration Agreement will survive termination of your account.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to us should be addressed to General Counsel C/O GeoRiot Networks, Inc. 2320 S. Spokane St, Seattle, WA USA (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought ("Demand"). If you and we do not reach an agreement to resolve the claim within 60 calendar days after the Notice is received, either of us may commence an arbitration proceeding by filing an arbitration demand. During the arbitration, the amount of any settlement offer made by either made by either of us will not be disclosed to the arbitrator until after the arbitrator determines the amount you or we should receive.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA") -- known collectively as "the AAA Rules." These rules may be as modified by this Arbitration Agreement; and they will be administered by the AAA. The AAA Rules are available at three sources: (1) online at adr.org; (2) by calling the AAA at 1-800-778-7879; or (3) by writing to the Notice Address.
Unless we and you agree otherwise, arbitration hearings will make use of telephonic conferencing to the extent practical. Otherwise, hearings will take place in a location reasonably convenient for both parties, and with due consideration for the parties ability to travel and other similarly pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA.
If your claim is for $10,000 or less, we agree that you may choose from the following three ways of conducting the arbitration: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
The payment of these fees will be governed by the AAA rules.
This arbitrator may make rulings or resolve disputes as to the payment and reimbursement of fees and expenses. This may be done at any time during the proceeding; it also may be done upon request by either party made within 14 days of the arbitrator's ruling on the merits.
Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also, without waiving any remedy under this Arbitration Agreement, may seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitration tribunal.
The arbitrator may award declaratory or injunctive relief only in favor of a single party and only to provide that party's relief. You and we agree that each may bring claims against the other only as individuals; neither can become a plaintiff or class member in a class or representative proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate the claims of multiple persons. The arbitrator is not allowed to preside over any form of a representative or class proceeding. Any attempt to issue a class or representative award will exceed the arbitrator's power.
Unless otherwise stated, we may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on our Dashboard.
A printed version either of this Agreement or of any notice sent in electronic form will be equally as admissible in legal proceedings relating to this Agreement as documents generated and maintained in printed form. All parties approve of this Agreement and all related documents having been written in English.
Questions? Comments? Concerns?