QualityRank Directory - How to Apply


Express Listing $24.95 per year – refundable if not accepted $4.95 administration fee Reciprocal link NOT required The review of your site takes place as a priority. If approved, inclusion is usually completed within 5 business days. This is 1 year listing and is renewable. Current waiting time: about 3 business days.	Standard Listing $19.95 per year - refundable if not accepted $4.95 administration fee Reciprocal link required The review of your site takes place in order of date submitted, first come first served. If approved, inclusion may take up to several weeks. This is 1 year listing and is renewable.
Please review the QualityRank Submittal Guidelines and Requirements Please review the QualityRank Advertising Programs and QualityRank Membership Terms and Conditions of Use QUALITYRANK MERCHANT ADVERTISING PROGRAMS AND QUALITYRANK MEMBERSHIP TERMS AND CONDITIONS OF USE 1. INTRODUCTION. We provide you, and, if applicable, any of your Authorized Users (defined below) access to certain products, services, code, and/or programs (collectively, "Programs" and each, a "Program") for your use, subject to your acceptance of and compliance with these QualityRank Merchant Advertising Programs And QualityRank Membership Terms and Conditions of Use, (the "Master Terms and Conditions"), the terms and conditions of the Programs in which you enroll (the "Program Terms"), and the terms and conditions of any applicable Insertion Request(s) (defined below) that you or your Affiliate (defined below) enter into (provided that in the case your Affiliate enters into an Insertion Request, such Insertion Request specifically references these Membership Terms and Conditions and/or applicable Program Terms), including any renewal Insertion Requests (whether online or offline, each an "Insertion Request") (collectively, the "Agreement"). In the Agreement, (i) "I", "we," "us," and "our" means QualityRank, LLC. ("QualityRank.com", "QualityRank, LLC Systems and Entities"), (ii) "you" and "your" means the entity signing below and any of its Affiliates who execute an Insertion Request for any Program, (iii) "Affiliate" means a person or entity that directly or indirectly controls, is controlled by, or is under common control with, another person or entity, and (iv) "Authorized Users" mean your agents, representatives, contractors, and any person or entity acting or apparently acting on your behalf. These QualityRank Merchant Advertising Programs And QualityRank Membership Terms and Conditions of Use shall only apply to Insertion Requests and/or Programs you enter into with us from time to time which reference these Membership Terms and Conditions and/or the applicable Program Terms. 2. PAYMENT. For any Program in which you enroll, you agree to pay us all charges to your account. Unless you are a Prepay Advertiser (defined below), we will submit an invoice to you at the e-mail address on the Insertion Request and you agree to pay such charges, without offset or deduction, within 30 days of the invoice date. "Prepay Advertisers" means those Advertisers that pay in advance, including by check or wire transfer, or by enrolling in a credit card payment plan ("Payment Plan"). We shall determine whether you may be and/or remain on an invoice basis. If we do not receive timely payment (including if your financial institution does not honor your check, or we receive a chargeback), you shall pay all amounts due on your account upon demand, and in addition to other rights, we may suspend performance, remove your ads, and/or terminate any agreement with you. Except as may be set forth herein, all payments for service fees, unused promotional credits issued to you, and initial deposit(s) are non-refundable and our property. You agree to submit any disputes about charges to your account in writing to us within 60 days of such charge, otherwise you waive such dispute and such charge will be final and not subject to challenge. If you fail to make payment as set forth herein, you will pay: (i) a late fee equal to 1% monthly (or the highest amount allowed by law if less than 1%) of all past due charges, and (ii) all reasonable expenses (including attorneys' fees) incurred by us in collecting past due charges. All charges are in U.S. dollars and do not include taxes, if any, which are payable by you and are in addition to any amounts due to us hereunder. Accounts with no activity for more than 24 months may be closed by us and shall be assessed an account closing fee not to exceed $25. If a balance remains, we will attempt to refund any portion of such balance that may be owed to you. In the event we are unable to refund any such balance using your contact information on file with us, we shall dispose of the credit balance pursuant to the Agreement and our policies and procedures. If you select the budgeting option (as available in connection with the Program and as may be modified from time to time), you agree to: (a) ensure that the amount you select for your approximate budget is reasonably related to (i) the Selected Ad Groups (defined in the applicable Program Terms) you bid on, and (ii) the amounts you bid on such Selected Ad Groups; and (b) promptly increase your approximate budget to an appropriate amount, if your budget does not comply with the foregoing. 3. PREPAY ADVERTISERS. a. If you are a Prepay Advertiser, you agree that if your charges equal or exceed your payment, then your ads will be removed from the Distribution Network, and you will incur a debit balance for the value of any unpaid charges incurred under your account, including any amounts accrued prior to the time your ads are actually removed. Charges will be posted to your account and must be prepaid or paid before any of your ads will be made available in the Distribution Network. If you have chosen a Payment Plan, you authorize us to charge your credit card or charge card, but not a debit card (your "Payment Method"), for all charges to your QualityRank, LLC system account. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution providing your Payment Method. The Non-Stop Payment Plan and the Fixed Budget Payment Plan (both a "Payment Plan" and defined below) are offered on a periodic basis and are self-renewing unless and until you or we discontinue your enrollment in a Payment Plan and your preauthorization is valid until the termination of the Agreement, or the discontinuation of the Payment Plan by us or your participation therein. We will send a notification to the e-mail address associated with your account after each preauthorized transaction to notify you that your account has been replenished and your Payment Method debited. Such charges should appear on the periodic statement sent to you by the provider of your Payment Method. Your non-termination or continued use of a Program reaffirms that we are authorized to charge your Payment Method automatically. We reserve the right to modify, suspend, or terminate your right to prepay, any Payment Plan, and/or your participation therein at any time. If we modify a Payment Plan, notification will be posted on a QualityRank, LLC Website, or you will be notified by e-mail. If you do not consent to such modified terms, you may elect to discontinue your enrollment in a Payment Plan at any time by providing written notice to us before the effective date of such modified terms. Your continued enrollment constitutes your acceptance of the terms of such modified terms. 4. ACCESS. All website pages that are owned, operated, or hosted by or for us are referred to herein as the "QualityRank, LLC website(s)", or "QualityRank, LLC system website(s)" You agree that you will not: (i) use any automated means, including agents, robots, scripts, or spiders, to access, monitor, or manage your account with us, except those automated means expressly made available by us or authorized in advance in writing by us (for example, third party tools approved by us), or (ii) bypass any robot exclusion headers on the QualityRank, LLC websites (including using any device, software, or routine to accomplish that goal), or interfere or attempt to interfere with the proper working of the QualityRank, LLC websites, Programs, or systems. Our Programs, including formatting, access-restricted QualityRank, LLC websites, passwords, and access codes related to your account may not be used by, nor made available to, any third party, except Authorized Users. Authorized Users must comply with the Agreement and you are liable for their violation of the Agreement and their acts and omissions in connection with the Agreement, including any charges they may accrue. You may use data made available to you in connection with a Program solely for internal use to manage your marketing accounts and you will not publish such data. In order to improve our Programs, we frequently conduct traffic tests, and you agree to pay for all charges for the services rendered (as set forth in the applicable Insertion Request or your online account) during those testing periods. We may redesign or modify the organization, specifications, structure, and/or appearance of any QualityRank system, QualityRank, LLC website, or page where your ads may be displayed. Further, we reserve the right to discontinue offering any Program or part thereof. You understand that your ads may be distributed based upon certain user targeting initiatives. Your Information (defined below) and ads must comply with our policies and specifications, which we may change from time to time in our sole discretion. We, QualityRank, LLC, and/or our Affiliates may from time to time provide free clicks, free impressions, and/or discounts, including in connection with contests, incentives, promotions, or donations. You agree to promptly notify us in writing if you become aware of a potential breach of security relating to your accounts with us, such as the unauthorized disclosure or use of your user name or password. 5. YOUR SITE. You agree that we are not responsible for any aspect of your or any third party website(s). You represent, warrant, and covenant that: (i) all information, including all titles, descriptions, listings, abstracts, keywords, domain names, content of any ads, data, data feeds, URLs, and, if applicable, Selected Ad Groups you provide, approve, or that is provided or approved on your behalf in connection with the Agreement and/or on your website (each of the foregoing, individually and collectively, "Information") is, and will be updated to remain, current and accurate, (ii) the website to which any ad links will look substantially the same to all end users regardless of the end users' location (provided, however, that you may display different content to different users so long as it is relevant to the Selected Ad Groups and ads), and (iii) your website does not contain any content owned or licensed by us, including any ads published by us or through the Distribution Network, except pursuant to a separate signed agreement with us. The "Distribution Network" means the network, including, as applicable for the relevant Programs, the QualityRank, LLC websites, properties, and Third Party Products, through which your ads are distributed. "Third Party Products" mean collectively third party websites, properties, content, applications (including mobile and/or wireless), and/or e-mails that make ads available as a link from, an add-on service to, or otherwise in connection with the Distribution Network. 6. CONFIDENTIALITY. "Confidential Information" means any information disclosed to you by us, either directly or indirectly, in writing, orally, or by inspection of tangible objects, other than information that you can establish: (i) was publicly known and made generally available in the public domain prior to the time of disclosure to you by us, (ii) becomes publicly known and made generally available after disclosure to you by us other than through your action or inaction, or (iii) is in your possession, without confidentiality restrictions, prior to the time of disclosure by us as shown by your files and records. You shall not at any time: (i) sell, license, or transfer any Confidential Information, (ii) disclose or otherwise make available to any person or entity any Confidential Information (other than to your employees and Authorized Users who have a legitimate need to know such Confidential Information), or (iii) use, reproduce, or copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed to you and in accordance with the Agreement. You agree to take all measures to protect the secrecy of, and to avoid disclosure and unauthorized use of, the Confidential Information. If required by law to disclose certain Confidential Information, you may do so provided that: (a) you give us prompt written notice of such requirement prior to such disclosure, (b) at our request, you assist us in obtaining an order protecting the Confidential Information from public disclosure, and (c) any such disclosure is limited to the minimum extent necessary to comply with the legal requirement. All Confidential Information shall remain our personal property, and all documents, electronic media, and other tangible items containing or relating to any Confidential Information shall be delivered to us or uninstalled immediately upon our request, and upon termination of the Agreement. Nothing contained in the Agreement will prevent us, QualityRank, LLC, and/or our Affiliates from complying with privacy laws and regulations, and if there is any conflict between the Agreement and the terms of the applicable QualityRank, LLC system and/or QualityRank, LLC privacy policy ("Privacy Policy") (as posted on or linked from a QualityRank, LLC Website), the Agreement shall control. Notwithstanding anything to the contrary in the Agreement or the applicable Privacy Policy, all data and information gathered or received by us in connection with providing the Programs and all information described in the applicable Privacy Policy may be shared with and used by (x) us, QualityRank, LLC, and/or our Affiliates, and/or (y) certain selected third parties only in aggregated, anonymous form. You may not issue any press release or other public statement regarding the Agreement, the Programs, us, QualityRank, LLC, or our Affiliates without our prior written consent. 7. REPRESENTATIONS AND WARRANTIES. You represent, warrant, and covenant that: (i) you have sufficient authority to enter into the Agreement; (ii) you are a business, not a consumer; (iii) your use of each Program is solely for lawful commercial and business purposes; (iv) all Information will be free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, and/or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information; (v) you will not engage in, or cause others to engage in, spamming, or improper, malicious, or fraudulent (as determined by us) clicking, impression, or marketing activities relating to any Program; (vi) the Information, the ads (including products and services referenced therein), the website(s) to which the ads link, all emails, newsletters, and other materials and technology in connection therewith, and any act or omission by you relating to the Programs and the QualityRank, LLC Systems and Entities (defined below): (1) do not violate any law, statute, ordinance, treaty, contract, regulation, or QualityRank, LLC policy or guideline (collectively, "Laws"), including the CAN-SPAM Act of 2003 and any Laws of the jurisdiction where the ads are distributed and/or displayed; (2) do not infringe any copyright, patent, trademark, trade secret, or other intellectual property right of any person or entity; (3) do not breach any duty toward, or rights of, any person or entity, including rights of publicity and/or privacy; (4) are not false, deceptive, misleading, unethical, defamatory, libelous, or threatening; and (5) do not (as determined by us) reflect poorly on or tarnish the reputation or goodwill of a QualityRank, LLC System or Entity; (vii) you will not reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of any Programs, any aspect or portion thereof, or Confidential Information, including source code or algorithms; (viii) you will not alter or remove any identification, trademark, copyright, or other notice from any aspect or portion of the Programs; and (ix) you will not provide access to the Programs or Confidential Information, except to Authorized Users or employees, each of whom is bound in writing by use and confidentiality restrictions which are no less protective of us than those contained in the Agreement. 8. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless us, QualityRank, LLC, our and their Affiliates, officers, directors, consultants, contractors, agents, attorneys, employees, third party service providers, and third parties providing Third Party Products (each, a "QualityRank, LLC System Entity" and collectively, the "QualityRank, LLC System Entities") from any and all claims, whether actual or alleged (collectively, "Claims"), that arise out of or in connection with your Information and/or ads, your or Authorized Users' use of any Program, QualityRank, LLC system, or QualityRank, LLC Website, your website, or your or Authorized Users' breach of the Agreement. You agree to be solely responsible for defending any Claim against a QualityRank, LLC system Entity, subject to such QualityRank, LLC system Entity's right to participate with counsel of its own choosing, and for payment of any and all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from all Claims against a QualityRank, LLC system Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a QualityRank, LLC system Entity without its prior express written consent. 9. WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE THAT THE PROGRAMS, DISTRIBUTION NETWORK, INDEXES, QUALITYRANK, LLC SYSTEMS, QUALITYRANK, LLC WEBSITES, AND DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. WE HEREBY DISCLAIM ON BEHALF OF ALL QUALITYRANK, LLC SYSTEMS AND ENTITIES ANY AND ALL WARRANTIES, INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. 10. LIMITATION OF LIABILITY. ANY LIABILITY OF THE QUALITYRANK, LLC SYSTEMS AND ENTITIES IN CONNECTION WITH THE AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY, SHALL BE STRICTLY LIMITED TO THE AMOUNT ALREADY PAID BY YOU TO US PURSUANT TO THE AGREEMENT IN THE PRIOR SIX MONTH PERIOD. IN NO EVENT SHALL ANY QUALITYRANK, LLC SYSTEM ENTITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THE AGREEMENT. YOU AGREE THAT YOU WILL NOT HOLD US RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE AGREEMENT, INCLUDING WITH RESPECT TO CLICKS BY ANY THIRD PARTY ON YOUR ADS, REGARDLESS OF THE INTENT OF SUCH THIRD PARTY. 11. TERMINATION. At any time, for any reason or for no reason, you and/or we may terminate the Agreement and/or your participation in any Program, and we may suspend your participation in any Program or part thereof, including removing your ads. QualityRank, LLC Systems and Entities shall not have any liability regarding the foregoing decisions. Upon termination, suspension, or discontinuation of any Program or your participation therein, all outstanding payment obligations incurred under such Program will become immediately due and payable. Sections 2, 3, 4 (second, fourth, and fifth sentences only), 5(iii), and 6 through 16 of these Membership Terms and Conditions and any applicable provisions specified in the Program Terms, shall survive termination of the Agreement. 12. NOTICES. We may give notices to you by posting on any QualityRank, LLC Website, or by e-mail to the address provided by you to us. It is your responsibility to ensure that your contact and account information (including your e-mail and billing addresses) is current and correct, and you will promptly notify us in writing of any changes to such information. All notices to us shall be sent via recognized overnight courier or certified mail, return receipt requested to: QualityRank, LLC; 8723 E. Ridge Terrace Dr.; Tucson, Arizona 85710. 13. CHOICE OF LAW. Any dispute relating to the Agreement or between the parties shall be governed by the laws of the State of Arizona, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona, or another location designated by us. Any claim against us arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party. 14. ELECTRONIC SIGNATURES EFFECTIVE. a. The Agreement is an electronic contract that sets out the legally binding terms of your use of our Programs, including the QualityRank, LLC websites. You accept the Agreement and the terms, conditions, and notices contained or referenced herein by clicking on the "I Accept" button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. When you click on the "I Accept" button during enrollment, you also consent to having the Agreement provided to you in electronic form. b. You have the right to receive the Agreement in non-electronic form and may request a non-electronic copy of the Agreement before or after you electronically sign the Agreement by submitting a request to us as specified below. You also have the right, at any time, to withdraw your consent to have the Agreement provided to you in electronic form. Should you choose to withdraw your consent to have the Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use any Program unless and until we issue you a new username and password. We will only issue you a new username and password after we receive a signed copy of a non-electronic version of the Agreement, which we will send to you upon written request. To withdraw your consent and/or request a non-electronic copy of the Agreement, please send a letter and self-addressed stamped envelope to: QualityRank, LLC, 8723 E. Ridge Terrace Dr., Tucson, AZ 85710. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Prior to such effective date, the Agreement electronically signed by and provided to you will remain legally valid and enforceable. c. In order to access and retain the electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any charges associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web (e.g., a computer and modem or other access device). Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program. We will notify you of any changes in the hardware or software requirements needed to access and/or retain the Agreement that create a material risk that you will not be able to continue to access and/or retain the electronic Agreement. 15. OTHER. The Agreement constitutes the entire agreement and understanding between the parties regarding the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals, representations, claims, and communications in all forms of media (including all instructions, advertisements, messages, and policies), written and oral, regarding the subject matter contained herein. No terms or conditions other than those set forth in these Master Terms and Conditions, the applicable Program Terms, or a QualityRank, LLC system Insertion Request shall be binding on us unless expressly agreed to in writing by us. Only a written instrument specifically waiving compliance that is executed by the party waiving such compliance may waive the terms or conditions of the Agreement. No waiver by a party of a breach of any provision hereof shall be a waiver of any succeeding breach of such provision or a waiver of the provision itself. If any provision of the Agreement is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of the Agreement, and the invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the original intentions of the parties and has a similar economic effect. We shall have no liability under the Agreement by reason of any failure or delay in the performance of our obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, internet outages, computer viruses, acts of God, war, governmental action, or any other cause that is beyond our reasonable control. The parties are independent contractors and nothing in the Agreement shall be construed to create, evidence, or imply any agency, employment, partnership, or joint venture between the parties. Except as otherwise set forth in the Agreement, no party shall have any right, power, or authority to create any obligation or responsibility on behalf of the other and the Agreement is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party. You may not assign, sublicense, or transfer the Agreement or any right or duty under the Agreement. Any assignment, transfer, or attempted assignment or transfer in violation shall be void and of no force or effect. We and our subsequent assignees may assign the Agreement, in whole or in part, or assign any of our rights, or delegate any of our duties under the Agreement to any party. The Programs are proprietary to us and are protected by the applicable U.S. and international intellectual property laws and we retain all rights, title, and interests in the Programs. Any rights not expressly granted in the Agreement are reserved by us, and all implied licenses are disclaimed. Headings used in the Agreement are for reference purposes only and in no way affect the Agreement. The term "including" is a term of enlargement meaning "including without limitation," and does not denote exclusivity. We may change the Agreement and/or the Privacy Policy at any time without notice. Any use by you or Authorized Users, of any Program, QualityRank, LLC Systems and Entities or QualityRank, LLC Website after such notice shall be deemed to be continued acceptance by you of the Agreement and Privacy Policy, including any amendments and modifications thereto. You understand and agree that services and/or obligations to be performed hereunder by us may be performed by QualityRank, LLC, its Affiliates, and/or third party service provider(s). Terms used but not defined herein shall have the meanings given to such terms in the Insertion Request or applicable Program Terms. Terms used in any Program Terms but not defined therein shall have the meanings given to such terms in these Master Terms and Conditions. If there is any conflict between the Membership Terms and Conditions and Program Terms, the Program Terms shall control. 16. REPRESENTATIVE. If you are an advertising agency, search engine marketer, reseller, or other entity representing Advertisers ("Representative"), this Section applies, and in such case, in the Agreement, "you" and "your" means Representative, your Affiliates who execute an Insertion Request for a Program, together with Advertisers. "Advertisers" mean entities which are/will be enrolled in a Program by you. Representative shall be deemed, in addition to a Representative, an Advertiser if it enrolls itself in any Program. a. Representative represents, warrants, and covenants that: (i) it is the authorized agent of the Advertiser and has the legal authority to enter into the Agreement on behalf of the Advertiser, make all decisions, and take all actions (including adding, deleting, editing, and creating Information, and determining bid amounts and monthly spends for ads) relating to the Advertiser's accounts; (ii) by Representative executing an Insertion Request or otherwise enrolling an Advertiser in a Program, the Advertiser is also entering into the Agreement; (iii) Representative will not, without our prior written consent: (a) make any representation, guarantee, or warranty concerning any Program or QualityRank, LLC System or Entity, including that Representative is an affiliate or partner of a QualityRank, LLC System or Entity; (b) make any commitments (e.g., guarantees as to placement of ads) to an Advertiser or potential Advertiser regarding any Program, (c) negotiate any terms or conditions related to the Programs which may affect the rights, protections, and/or obligations of a QualityRank, LLC System or Entity, and/or that are inconsistent with the Agreement; or (d) engage in any telesales or telemarketing in connection with any Program; and (iv) Representative will perform its duties pursuant to the Agreement in a professional manner consistent with the requirements established by us. Upon our request, Representative will immediately deliver to us each agreement that designates Representative as the Advertiser's agent and authorizes Representative to act on the Advertiser's behalf in connection with the Agreement. In the event of termination of the Agreement, Representative agrees that each Advertiser may use the keywords, titles, and descriptions of their ads. Representative shall not at any time use data or information received in connection with the Agreement to conduct any marketing efforts targeted at our existing advertisers. While the Agreement is effective and for twelve (12) months thereafter, Representative shall not, directly or indirectly, contact, refer, or solicit our employees, consultants, or agents. b. Payment Liability. Without limiting any other provision of the Agreement, Representative and each Advertiser shall be jointly and severally liable for all payment obligations pursuant to these Master Terms and Conditions, and you hereby waive any Law that may require us to proceed against one or more of you prior to proceeding against any others who may also be liable. Notwithstanding the foregoing, (i) if we approve the applicable Advertiser's credit application, we will hold Representative liable for payments under Section 2 above solely to the extent Representative has received payment from such Advertiser, and for such sums not received by Representative, we will hold the Advertiser solely liable ("Sequential Liability"), and (ii) in the event Representative (x) breaches or allegedly breaches Section 16(a)(i), above, or (y) fails to comply with our request to confirm whether an Advertiser has paid to it in advance funds sufficient to make payments, Representative shall be obligated to promptly pay all such amounts due us regardless of whether it has received payment from such Advertiser. You acknowledge that we may directly contact any Advertiser represented by Representative, including if we have not received payment for such Advertiser's account within 60 days from the date of the applicable invoice. 17. Password and Security You will receive a password and account name upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify QualityRank, LLC of any unauthorized use of your password or account or any other breach of security. QualityRank, LLC is not liable for any loss or damage arising from your failure to follow these instructions. 18. Registration If you choose to register a password protected membership with QualityRank, LLC - which is required only if you want to have any sort of direct write access to the QualityRank, LLC Website- you agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or QualityRank, LLC has reasonable grounds to suspect that such information is untrue, QualityRank, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service or Program (or any portion thereof). 19. General Practices Regarding Use You acknowledge that QualityRank, LLC may establish general practices and limits concerning use of the Service or Program. You agree that QualityRank, LLC has no responsibility or liability for the deletion or failure to store any messages and other communications or other sites maintained or transmitted by the Service or Program. You acknowledge that QualityRank, LLC reserves the right to deactivate accounts that violate our Terms of Service, or violate other QualityRank, LLC policies. You further acknowledge that QualityRank, LLC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 20. Modifications to Service QualityRank, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that QualityRank, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 21. Description of Services QualityRank, LLC provides a professional review by an editor for inclusion into the QualityRank directory. By submitting a URL, you acknowledge that the payment is for a review of that URL, and does not constitute inclusion in the QualityRank directory or web site. 22. Placement QualityRank, LLC reserves the right to edit titles descriptions, product description, and move submissions from page to page, and category to category. The Agreement, including the Membership Terms and Conditions and Program Terms, was last updated on March 30, 2007. 23. Digital Signature Provisions You represent and warrant that you have the legal right, power and authority to agree to the terms of this Agreement on behalf of your self and the member, buyer or supplier participating in the Program. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated this Agreement and acknowledged and agreed that this Agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, buyer or supplier on whose behalf you are acting. 24. Incomplete or Innacurate Form Submittal By submitting information electronically to us, you hereby certify to the best of your knowledge, that the information you have submitted is truthful, accurate, and complete. We are in no way responsible for any ramifications incurred due to untruthful, inaccurate, or incomplete form submittal. By checking this box, I hereby agree to the QualityRank Advertising Programs and QualityRank Membership Terms and Conditions of Use
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