Listing Policy - Bidswamp

By listing Ad Space on this website, the Seller agrees to be bound by all terms and conditions of this Listing Policy. If you do not intend to be legally bound by this Listing Policy, do not create any listings on this Website.

Listing Fees

The fees charged for listing Ad Space on the website are outlined in the Site Fees section.

Fees are payable monthly in arrears. The Seller will be issued an invoice from Bidswamp each month containing the listing charges for that month and any arrears. Once the Seller's balance goes into debit, they will not be able to make further listings until the account balance is cleared.

We may change our Site Fees at any time.

All fees are quoted in United States Dollars.

The Seller is responsible for payment of all fees, duties and taxes incurred through the use of its Bidswamp account. The Seller acknowledges that Bidswamp is not obliged to determine whether any taxes or duties including sales tax apply on the sale of any Ad Space. We are not responsible for collecting, reporting or remitting any sales or use tax arising from any such transaction. The Seller agrees to defend and indemnify us in this regard.

The Seller must not charge any Buyer:

any Bidswamp fees as an additional amount on top of the final purchase price for the Ad Space;
any extra fees for Buyers using a particular payment option.

Fee Evasion

During the period of the Seller’s listing, the Seller must not offer to sell the Ad Space outside of Bidswamp unless the Seller cancels its listing in which case the Seller agrees to forfeit the listing fees paid.

The Seller must not take any other action or inaction to circumvent paying Bidswamp fees including but not limited to:

Offering the opportunity through Bidswamp to purchase the Ad Space outside Bidswamp;
Linking to material which entices buyers to purchase the Ad Space outside Bidswamp;
Linking to a web page that contains other ad space (or links to other ad space) that is not listed on Bidswamp. However that page may contain links to pages which do contain Ad Space listed on Bidswamp. For example, for the period of the Seller’s listing, the Seller must remove its “advertise here” or “advertise with us” page from the Seller’s website if that page offers Ad Space not listed on Bidswamp.com.
Using its About Me, profile or store information to entice sales outside of Bidswamp;
Providing a catalogue or other list of inventory from which buyers may directly order;
Listing one Ad Space and offering additional or alternative Ad Space in the description without creating a dutch auction;
Including a requirement or condition in the Seller’s listing for the Buyer to make additional purchases;
Avoiding Reserve Price Fees by cancelling bids and ending a listing early solely on the basis that the Seller's desired price has not been met.

Listing and Selling

Dutch Auction
Sellers may only use Dutch Auctions to list multiple identical items on the same domain.

A Dutch Auction would be used for example if a Seller is offering a series of six 125 x 125 Ad Spots.

If the placements are static, they must appear together in the one location with equal visibility. For example, you cannot have one half appearing above the fold and the others below the fold.

The placements do not need to appear together if they rotate to give all winners equal exposure

You must not impose preferential conditions such as "the highest bidder gets first choice". All spots must be equal in terms of buyer exposure.

Concurrent Sales
The Seller may create an unlimited number of listings however the Seller must not concurrently list the same Ad Space for the same Contract Period in more than one listing or on any other website or medium.

Categories
The Seller has the option of choosing in which category to list the Ad Space. Bidswamp does not provide any advice with respect to listing and does not accept any responsibility for any loss of profits or otherwise for any careless listing. Should the Seller accidentally or deliberately list its Ad Space under an inappropriate category or subcategory, we reserve the right to modify the listing to the appropriate category and/or subcategory.

Listing Options
You may use either or both the bid-based and flat rate (buy out) models (with or without a reserve price and/or make offer feature) to sell your Ad Space.

Ad Space which you do not intend to sell for a set period of time (Cost Per Time) may be sold under the Pay Per Event category and may include without limitation any of the following:

Pay Per Click Through (PPC)
Cost Per Lead (CPL)
Pay Per Action (PPA)
Cost Per Impression (CPI)
Cost Per Thousand Impressions (CPM)

Legal Ownership
The Seller must be the legal owner of the website or property containing the Ad Space or the Seller must have the permission of the legal owner to place the listing.

Link to your listing page
The Seller is granted a limited, revocable and non-exclusive right to create a hyperlink to its listing page at the Website using the Bidswamp banners. The link must not contain any false, misleading, derogatory or otherwise offensive content or material.

Description & Content
The Seller must describe the Ad Space, all terms of sale, the contract period and its Advertisement approval policy on the listing. The listing may only include text, images and the following links:

a link to your website where the Ad Space is contained;
a link to your analytics or metrics for the Ad Space;
a link to your email address;
a link to your blog about the website containing the Ad Space.

Any other links are strictly prohibited and will be removed by us. We may also take any other action we deem appropriate including without limitation suspending, amending or terminating your listing and/or your membership without refund.

It is the Seller’s sole responsibility to specify the Advertisement requirements for the Ad Space including but not limited to:

Creative specifications;
File size;
Animation restrictions;
Acceptance procedure (ie: whether buyers should contact the Seller for approval before bidding); and
Appropriateness of materials placed on the advertisement.

The Seller is solely responsible for the wording, customisation and accuracy of the content on the website or property in which the Ad Space Appears.

Any information or content provided by the Seller or posted to our website including the content of the Seller’s website and other property must be accurate, true and correct, complete, without omissions of necessary information, current and kept up to date and must not:

Be false, inaccurate, misleading, deceptive or fraudulent;
Impersonate the Seller as another person, company or entity;
Infringe any person’s copyright or intellectual property or encourage or enable others to do so;
Violate any applicable law or encourage or enable others to do so;
Be defamatory, harassing or offensive;
Copy or reproduce any other member’s content including description and images without their written consent;
Be obscene, contain child pornography, racial hatred or other offensive content;
Contain any viruses or other damaging computer programming mechanisms;
Create liability for Bidswamp or cause us to lose the services of our ISP or other suppliers; and
Link to any content that is prohibited under this Listing Policy.

Licence
So that we may display your content, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to:

do and authorise the doing of all acts comprised in the copyright and
exercise the publicity and database rights (but no other rights)

you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with our Privacy Policy.
This licence is essential so that we are not violating any rights you might have in that information (including any intellectual property rights).

Prohibited Practices
To promote a safe and fair trading environment for our members, the Seller must not:

Create a listing that does not offer Ad Space;
Request or influence Buyers to use payment methods not offered by Bidswamp. The Seller must always accept payment from Buyers through the payment methods selected in its listing;
Discourage Buyers to use its selected payment methods;
Provide any links that are not allowed under this listing policy;
Use store pages in the Seller’s listing;
Place want-it-now ads or a desire to trade Ad Space;
Offer or promote giveaways, raffles, prizes, random drawings or bonuses;
Use third party verification logos, services or representations;
Manipulate Bidswamp feedback. Any reference to the Seller’s feedback must be verifiable by buyers on the Bidswamp website;
Create test listings;
Include any hidden text or source tags for the purposes of including keywords or using it as a means of promoting the listing;
Undertake any keyword spamming activities such as without limitation including inappropriate keywords in a title or description;
Include misleading titles that do not accurately describe the Ad Space;
Promote its other Bidswamp listings by referring to the category or keywords of such listings. For example, the Seller may only state “see my other Bidswamp listings”, not “see my other Bidswamp listings including music sites, gardening sites, recipe sites etc”.
List pre-sale Ad Space unless clearly identified as such in the listing but in any event the Ad Space must be made available not less than 60 days after payment.

We reserve the right but are not obliged to remove any listing from the website that we consider in our absolute discretion to be offensive, that violates this Listing Policy or any law or is otherwise objectionable or deemed by us to be incompatible with the purpose of the Website.

By listing Ad Space, we do not warrant that your listing complies with any applicable laws or regulations. It is the Seller’s responsibility to comply with all laws and regulations.

The Seller is strictly prohibited from manipulating the price of any listing. The Seller must not interfere with any listings of other Sellers on this website.

Completing & Performing the Transaction

If the Seller receives a bid (above its reserve price if applicable) or if a member buys the Seller’s Ad Space or if the Seller accepts a member’s offer, then the Seller must complete the transaction with the highest bidder or buyer.

Upon a successful sale it is the seller’s responsibility to make the Ad Space available in accordance with the contract terms.

For Ad Space other than Cost Per Time, the Seller must maintain logs/data of the performance of each contract and provide this information to the Buyer in accordance with the contract terms. If the contract terms do not stipulate when the Seller must provide this information, the Seller must provide this information to the Buyer each time the Seller requests a payment. We recommend that buyers also monitor/compare these logs with their own server’s analytical data/logs.

This clause will not apply if:

The Buyer fails to comply with the Seller’s stated terms including its stated payment method;
The Seller cannot authenticate the Buyer’s identity; or
The Buyer failed to have their advertisement approved by the Seller prior to bidding if this requirement was stated in the Seller’s listing.

The Seller must not directly or indirectly, by encouraging or authorising any third party to:

Generate fraudulent clicks on or impressions of any Advertisement including but not limited to using robots or other automated query tools, repeat manual clicks, computer generated search requests and/or fraudulent search engine optimization services and/or software;
Remove, obscure or minimize any Advertisement in any way during the Contract Period;
Modify, edit or filter the contents of any Advertisement;
Redirect an end user to another web page or to a modified version of the Buyer's landing page.

Seller's Warranties

The Seller warrants that:

It is the legal owner of each and every website and/or property it designates and the Ad Space it offers for sale through the Website or that it is authorised by the owner of such websites, property and Ad Space to enter into this agreement and to sell the Ad Space via the Website;
It has all the right, power and authority to enter into this agreement and to perform all acts required by it; and
All information or content it provides to us or posts to our website including all information or content on its website and other property complies with the clause headed “Description & Content”.

Compliance with laws

Before listing the Ad Space on the Bidswamp website, the Seller must ensure that the supply and advertising of the Ad Space complies with all applicable laws, legislation, regulations, notices including but not limited to the Trade Practices Act 1974 (Cth), Broadcasting Services Act 1992 (Cth), state based fair trading and consumer protection laws and criminal codes. The Seller must ensure that it holds all necessary licences to supply and advertise the Ad Space.

Breach

We may in our sole discretion suspend, terminate, cancel, amend and/or remove the Seller’s membership, privileges and/or listing(s) without refund, refuse to sell our services to the Seller and/or block the Seller’s email or IP if in our absolute discretion we suspect that the Seller has:

Engaged or is likely to engage in fraudulent activity in connection with our Website;
Breached or is likely to breach the terms and conditions of the Listing Policy or any applicable law; or
Participated in conduct that is harmful to the interests of Bidswamp its employees, agents or affiliates or members.

The rights in this clause do not limit any other remedies available to us at law, in equity or under this Listing Policy. The Seller will not have any claim against Bidswamp for enforcing its rights under this Listing Policy.
If a listing is cancelled due to breach, we will notify all bidders and the Seller of this fact by email.

Cancellation of Listing

Please consider very carefully before placing listings on the Website. Payments are final. We do not refund fees for cancellation whether cancelled by you or by us following a failure to comply with the Terms of Use, this Listing Policy or any applicable law.

Website Terms of Use

Sellers agree to be bound by the website’s Terms of Use which are incorporated into this Listing Policy.