UPHOLD, LLC
BOCA RATON, FLORIDA

EMM is a Pay-Per-Call network exchange marketplace where businesses interested in connecting with consumers bid for inbound real-time calls generated through an exchange by independent and experienced media publishers. Businesses only pay for the call, no other fees. This creates an extremely compelling equation for advertisers who have to decide where to invest their marketing budget and for media publishers who have high quality inbound calls from interested consumers. The end result is the highest quality opportunities and greatest ROI for our advertisers and publishers. EMM is a Pay-Per-Call network exchange marketplace where businesses interested in connecting with consumers bid for inbound real-time calls generated through an exchange by independent and experienced media publishers. Businesses only pay for the call, no other fees. This creates an extremely compelling equation for advertisers who have to decide where to invest their marketing budget and for media publishers who have high quality inbound calls from interested consumers. The end result is the highest quality opportunities and greatest ROI for our advertisers and publishers. means a form of advertising where a online customer or user is offered something of value, such as reward, cash, gift card, online or virtual currency, or tangible gift, in exchange for performing an action, or registering or purchasing a product or service. means all applicable laws, statutes, ordinances, regulations, and legal guidelines in every jurisdiction in which Publisher conducts business, including, without limitation, those related to the unfair, fraudulent, false or deceptive advertising, cybersquatting, infringement of intellectual property, privacy, and publicity rights, the Federal Trade Commission Act ("FTC Act"), Federal Trade Commission ("FTC") regulations and guidelines implementing the FTC Act, all state and local counterparts to the FTC Act and associated regulations in every jurisdiction in which Publisher conducts business, Chapter 501, Florida Statutes (Florida’s Deceptive and Unfair Trade Practices Act), the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, the FTC's Telemarketing Sales Rule, the Federal Reserve Board's Regulation E, Federal Communications Commission regulations and guidelines, including Mobile Marketing Association guidelines, and FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, all as amended from time to time. means the particular advertising offer, website, or landing page for the Advertiser’s products or services associated with a Campaign, which may described in the Insertion Order(s).   EMM is a technology-based pay-per-call network exchange that serves as an intermediary through which independent businesses/service providers (“Advertisers”), can bid for inbound consumer call leads which are generated by independent, third-party media publishers (“Publishers”) who have signed up for the EMM network.  EMM facilitates payment from Advertisers, to those Publishers for the inbound calls/leads they generate that are purchased by the Advertiser.  EMM does not market nor sell any products nor services to consumers and does not create or disseminate consumer-directed advertisements for itself or on behalf of Advertisers.  Publishers or Advertisers create the Advertisements that generate consumer calls or leads (Actions), which are then routed through EMM’s technology-based Exchange to the highest-bidding Advertisers and Publishers are paid for the calls they generate which are purchased by the Advertiser. ” means each 3rd party independent individual, company, or other entity that serves as an advertising publisher, affiliate, within the EMM network exchange that owns advertising space, links, newsletters, websites, email lists, customer leads, or other media used for the purpose advertising or marketing campaigns and offers for the Advertisers within the EMM Network Exchange.  A Publisher earns a Fee for referring web-based traffic, visitors, users, callers or consumers to an Advertiser’s Offer, website, landing page, product, or service. means the services to be provided by EMM by providing a Network Exchange that allows Advertisers to bid on and purchase calls and/or leads (Actions) generated by the Network’s Publishers in accordance with the terms of the Advertiser and Publisher Agreements. means a method of promotion or advertising whereas a Publisher or Advertise markets products or services by means of telephone calls to potential customers. Advertiser shall pay EMM for the Services in accordance with the designated Campaign type, e.g. PPC or CPA, and associated Fee listed in the Insertion Order(s) for each applicable Action generated by the Network Publishers over the course of the Campaign. EMM shall track all applicable Actions for Advertiser's Campaign, and Advertiser shall pay for all Actions tracked by EMM. Campaign statistics and data compiled by EMM including, but not limited to, data, numbers and calculations regarding Actions (collectively "Campaign Data"), will be tracked and calculated by EMM through the use of industry standard tracking technology and shall be final and binding on Advertiser. Advertiser shall not modify or otherwise interfere with EMM's tracking methods in any way. Additionally, Advertiser shall maintain all records and track all Actions for Advertiser's Campaign, which, upon request by EMM, shall be provided to EMM to verify the total number of Actions applicable to the Campaign. In that case, Advertiser shall be responsible for the greater of the Actions tracked by EMM and Advertiser. Any questions, objections, or complaints regarding the Campaign Data must be submitted by Advertiser in writing within fourteen (14) days of initial appearance in the tracking system; otherwise the Campaign Data will be deemed to be accurate and approved by Advertiser, which shall be used to determine the Fee due from Advertiser.