Any term not otherwise defined herein shall have the meaning specified below:
“Advertisement” means, without limitation, marketing materials, advertising collateral, links, request forms, banners, e-mails, headlines, creative, logos, text or images placed on a website, included within an e-mail and/or other marketing related media that may link to a destination website (or other actions that may be defined by the Parties).
“Advertiser” as identified in the IO shall pay Publisher to place Advertisements on the Publisher’s websites, networks, program sites or other media and channels to market Advertiser’s products or services.
“Affiliate” means, in addition to the Party named above, in any instance where Affiliate is providing Leads as the Publisher originated by a third-party, the third-party originating the Lead as well or, where Affiliate is purchasing leads as the Advertiser as defined in the IO. The Affiliate can either be an Advertiser or a Publisher or both as identified in each IO.
“Billable Call” occurs if a telephone call results in a Consumer speaking with Marketer or their agent or contractor as may be defined in an IO.
“Billable Text” occurs if a mobile text message results in a Consumer texting with Advertiser or its assignee as may be defined in an IO.
“Click” means the process of a website visitor clicking on a link that corresponds and directs a Consumer to a website and/or Advertisement. Clicks may or may not include Consumer Information.
“Consumer” means any individual who, without limitation, requests or responds to information for goods or services via, without limitation, a Request Form, telephone call or a Click.
“Consumer Information” means the non-public, personally identifiable information obtained from a Consumer who, without limitation, submits a Request Form, or consents to receiving or initiates a telephone call.
“Data Collection Vehicle” means websites and other data collection methodologies and/or vehicles and owned, operated and controlled by Publisher.
“Lead(s)” means, without limitation, Consumer Information obtained from a Request Form; telephone call (including a Billable Call), a telephone call transfer, mobile text message, email and/or a Click.
“Link” means a facility appearing on a website, mobile text message or email that corresponds and directs a Consumer to a website and/or Advertisement.
“Marketer” means, in addition to the Party named above that may license a Lead from EPCVIP. In any instance where Marketer is an agency contracting on behalf of a third-party, “Marketer” shall refer jointly to Marketer and the Marketer’s principal, both of whom shall be jointly and severally liable for compliance with the Agreement.
“Party” or “Parties” mean EPCVIP, Affiliate, Publisher and/or Advertiser.
“Payout” means financial compensation paid to Publisher for actions by Consumers referred by each Publisher.
“Person” means any individual, corporation, partnership, governmental body or other entity.
“Publisher” as identified in the IO shall place Advertisements on the Publisher’s websites, networks, program sites or other media or channels to market Advertiser’s products or services.
“Request Form” means a request form completed by a Consumer expressing interest in third-party products/services
“Valid Lead” means a Lead submitted by a Consumer on his or her own behalf, that (a) passes successfully through EPCVIP’s internal validity checks; (b) came from a unique User; (c) was generated, successfully delivered to and accepted by EPCVIP as a purchased Lead; and (d) does not include Leads that are generated by fraudulent means or for Consumers who subsequently cancel or return any paid orders.