Terms of Service and Master Services Agreement
These Terms of Service and Master Services Agreement (“Agreement”) govern your access to and use of www.listingdomination.com (the “Website”) and any advertising technology platforms, demand-side platform licenses, software, tools, data, media execution services, reporting, consulting, or related services provided by Listing Domination (“Listing Domination,” “we,” “us,” or “our”) (collectively, the “Services”).
By accessing the Website, creating an account, executing an insertion order, or using any Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not access or use the Website or Services.
1. Scope of Services
Listing Domination provides access to digital and programmatic advertising technology, including licensing and resale of third-party demand-side platforms (“DSPs”), media execution tools, reporting, and related infrastructure.
Listing Domination acts solely as a technology access provider and reseller. Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, fiduciary, or advisory relationship between the parties.
Listing Domination does not provide legal, regulatory, medical, financial, or compliance advice.
2. Platform Licensing and Third-Party Technology
Certain Services may include access to or licensing of third-party advertising technology platforms, including DSP technology operated by Basis Technologies or other providers (“Third-Party Platforms”).
You acknowledge and agree that:
Third-Party Platforms are owned and operated by third parties
Listing Domination does not control platform availability, performance, features, or eligibility
Platform access is subject to third-party rules, onboarding requirements, limitations, and approvals
Listing Domination makes no warranties regarding Third-Party Platforms.
3. Insertion Orders
Advertising Services may be governed by one or more insertion orders (“Insertion Orders” or “IOs”) agreed to by the parties.
Each IO may specify campaign-specific terms including, without limitation, budgets, fees, flight dates, pacing, targeting parameters, inventory types, and platform access.
In the event of a conflict between this Agreement and an IO, the IO shall control solely with respect to the subject matter of such conflict.
4. Eligibility and Authority
You represent and warrant that:
You are at least eighteen (18) years old
You have full authority to bind yourself and any entity you represent
Your use of the Services is for lawful business purposes
5. Account Registration and Security
Access to certain Services may require account registration and approval.
You are solely responsible for:
All activity conducted through your account
Actions taken by authorized users
Maintaining the confidentiality of login credentials
You agree to notify Listing Domination immediately of any unauthorized access or security incident.
6. Advertising Content and Compliance
You are solely responsible for all advertising content, creatives, landing pages, claims, offers, targeting selections, and data used in connection with the Services (“Advertising Materials”).
You represent and warrant that all Advertising Materials:
Comply with all applicable local, state, federal, and international laws and regulations
Comply with advertising, election, healthcare, privacy, and consumer protection requirements
Comply with publisher, exchange, inventory source, and platform policies
Do not infringe intellectual property, privacy, publicity, or other third-party rights
Are truthful, accurate, and not misleading
Listing Domination does not review, approve, or validate Advertising Materials and makes no representations regarding compliance or legality.
7. Political, Healthcare, and Regulated Advertising
For political, healthcare, pharmaceutical, insurance, financial, legal, or other regulated advertising, you acknowledge and agree that:
You bear sole responsibility for compliance, disclosures, certifications, registrations, and approvals
Listing Domination does not guarantee eligibility, approval, delivery, or continuity of advertising
Inventory availability may be restricted or unavailable due to regulatory, publisher, or platform limitations
Listing Domination reserves the right to suspend, restrict, or reject campaigns that present legal, regulatory, reputational, or platform risk.
8. Data Usage and Targeting
You represent and warrant that you have obtained all necessary rights, consents, and permissions to use any data, audiences, identifiers, or lists utilized in connection with the Services.
Listing Domination does not guarantee audience accuracy, scale, match rates, availability, or performance. All targeting is provided on an “as available” basis.
9. Media Delivery, Reporting, and Discrepancies
Media delivery, impressions, clicks, conversions, and reporting are subject to inventory availability, technical limitations, and third-party systems.
Listing Domination does not guarantee performance, delivery levels, results, or return on investment.
Reporting may be delayed, estimated, adjusted, or revised due to third-party discrepancies, invalid traffic, non-human traffic, ad blocking, or fraud.
Media delivery shall be deemed accepted unless disputed in writing within thirty (30) days of reporting.
10. Fees, Billing, and Payments
You agree to pay all applicable fees, platform license costs, media spend, and charges incurred through your use of the Services.
Unless otherwise agreed in writing:
Fees and media spend are non-cancelable and non-refundable once delivery or platform access has commenced
Media is billed as delivered
Unused balances are not guaranteed to roll over
Listing Domination may suspend or terminate Services for non-payment.
11. Third-Party Platforms and Inventory
The Services rely on third-party publishers, exchanges, data providers, measurement vendors, and platforms.
Listing Domination is not responsible for the actions, availability, policies, or performance of third parties. Third-party terms may apply.
12. Intellectual Property
All Website content, software, methodologies, designs, and proprietary materials are owned by or licensed to Listing Domination and protected by applicable intellectual property laws.
No rights are granted except as expressly stated in this Agreement.
13. Confidentiality
Each party agrees to protect the other party’s non-public, confidential information and not disclose such information except as required by law.
14. Disclaimers
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
LISTING DOMINATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR AVAILABILITY.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTING DOMINATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.
LISTING DOMINATION’S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
16. Indemnification
You agree to indemnify, defend, and hold harmless Listing Domination from any claims, damages, losses, liabilities, costs, or expenses arising from:
Your Advertising Materials
Your data usage or targeting
Your violation of this Agreement or applicable laws
17. Force Majeure
Neither party shall be liable for failure or delay in performance due to events beyond reasonable control, including acts of God, labor disputes, governmental actions, platform outages, or failures of third-party systems.
18. Mandatory Arbitration and Venue
Any dispute, claim, or controversy arising out of or relating to this Agreement or the Services shall be resolved exclusively by binding arbitration.
Arbitration shall be conducted in Middlesex County, New Jersey, unless otherwise agreed in writing by the parties.
You waive any right to participate in a class action, collective action, or jury trial.
19. Suspension and Termination
Listing Domination may suspend or terminate access to the Website or Services at any time, with or without notice, for non-payment, compliance concerns, legal risk, or violation of this Agreement.
Payment obligations incurred prior to termination shall survive termination.
20. Assignment
You may not assign this Agreement without prior written consent. Listing Domination may assign this Agreement in connection with a merger, acquisition, restructuring, or sale of assets.
21. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles.
22. Survival
Sections relating to fees, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, arbitration, governing law, and survival shall survive termination.
23. Modifications
Listing Domination may modify this Agreement at any time. Continued use of the Services constitutes acceptance of the updated Agreement.
24. Contact Information
Listing Domination
Email: [email protected]
Website: https://www.listingdomination.com
