Please read this entire agreement carefully.
Introduction
These are the Terms and Conditions governing your participation in the Capterra Lead Generation Program(s). This agreement ("Agreement") between Vendor ("You") and Capterra Inc. ("Capterra") consists of these Standard Terms and Conditions ("Terms and Conditions").
Program Participation
Participation in the Program is subject to Capterra approval and Your continued compliance with Capterra policies. Capterra reserves the right to refuse participation to any applicant or participant at any time in its sole discretion.
Parties' Responsibilities
You are solely responsible for the viability of all links to Your website and accuracy of your product description. Capterra is not responsible for anything related to Your website and shall not be obligated to provide notice to You in the event that Clicks to Your website are not being displayed properly to end users.
Prohibited Uses
You shall not, and shall not authorize or encourage, any third party to generate fraudulent impressions of or fraudulent Clicks on any Listing(s). You shall not, and shall not authorize or encourage, any third party to generate fraudulent vendor contact requests (i.e., Direct Request Leads).
Refunds and Credits
Pay Per Click Program: Claims of invalid clicks are considered on a case-by-case basis. All disputes must be made within 90 days of the invoice date.
Pay Per Lead Program: Capterra considers a Lead to be invalid if the prospect's name is obviously false or if the phone number and email address do not work. You may dispute a Lead up to 30 days from the date it was generated. A Lead is considered to be a duplicate if you receive more than one request for the same solution from the same prospect, determined by their contact information, within 90 days.
Purchased RFI Leads: Disputes regarding purchased RFI leads will be considered on a case-by-case basis. You may dispute an RFI lead up to 30 days from the date it was purchased.
Termination; Cancellation
You reserve the right to cancel the Agreement at any time without penalty. Notice of cancellation must be made by email, include a reason for cancellation and must be confirmed by Capterra by email. Cancellation will occur within two business days of receipt of cancellation email. All outstanding fees are due immediately upon cancellation. If any outstanding fees are left unpaid, You agree to pay the collections fees incurred through Capterra's attempts to collect on the account.
Confidentiality
You agree not to disclose Capterra Confidential Information without Capterra's prior written consent. "Capterra Confidential Information" includes without limitation: (a) all Capterra specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates, per-lead rates or other statistics relating to Site performance in the Program provided to You by Capterra; and (c) any other information designated in writing by Capterra as "Confidential" or an equivalent designation.
Publicity
You agree that Capterra may use Your name and logo in presentations, marketing materials, customer lists, financial reports and Web site listings of customers. If You wish to use Capterra's trade names, trademarks, service marks, logos, domain names and other distinctive brand features ("Brand Features"), You may do so, so long as such use is in compliance with this Agreement.
Representations and Warranties
You represent and warrant that (a) all of the information provided by You to Capterra to enroll in the Program is correct and current; and (b) You are the owner of each Site or that You are legally authorized to act on behalf of the owner of such Site(s) for the purposes of this Agreement and the Program; and (c) You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of You hereunder. You further represent and warrant that each Site and any material displayed therein: (i) comply with all applicable laws, statutes, ordinances and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) are not pornographic, hate-related or otherwise violent in content.
Your Obligation to Indemnify
You agree to indemnify, defend and hold Capterra, its agents, affiliates, subsidiaries, directors, officers, employees and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Site(s), and/or Your breach of any term of this Agreement.
