Publisher Agreement — Terms & Conditions
Effective date: June 7, 2026
This Publisher Agreement (“Agreement”) governs participation in the HyperTarget Marketing publisher network (the “Network”). By applying for or maintaining a publisher account, you (“Publisher”) agree to this Agreement, our Terms & Conditions, and our Privacy Policy.
1. The Network
HyperTarget routes qualified inbound calls and leads generated by Publishers to participating advertisers. Campaign terms — including payable events, qualification criteria (such as minimum call duration), payouts, allowed traffic sources, geographies, and schedules — are specified per campaign in the Network platform or insertion order, and form part of this Agreement.
2. Eligibility and account
Publisher must be a legally formed business or an individual 18 or older, provide accurate account and payment information, and keep it current. Accounts are subject to approval and ongoing review. Publisher is responsible for all activity under its account.
3. Compliance
Publisher will comply with all applicable laws, regulations, and guidance, including without limitation the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), the FTC Act, state telemarketing and consumer-protection laws, state privacy laws, CAN-SPAM, and carrier and platform rules. Without limiting the foregoing, Publisher will:
- obtain, document, and retain all legally required consents before placing or transferring calls or sending texts, including prior express written consent where required, and produce proof of consent to HyperTarget within two (2) business days of request;
- use only traffic sources and creatives approved for the campaign; no incentivized, misleading, or deceptive promotion; no unapproved use of advertiser or third-party trademarks;
- not place or facilitate calls or messages to numbers on federal, state, or internal do-not-call lists except where a legally sufficient exemption applies;
- comply with all disclosure requirements at the point of consumer interaction, and not misrepresent the identity of the caller, the advertiser, or the nature of the offer;
- not resell, broker, or co-mingle Network calls or leads without written authorization.
4. Call and lead quality; fraud
HyperTarget may monitor, record, score, and audit calls and leads for quality and compliance, where permitted by law. Calls or leads that are fraudulent, non-compliant, duplicated, auto-dialed without consent, incentivized, or that fail campaign qualification criteria are non-payable and may be clawed back if already credited. Indicators of fraud or systematic non-compliance are grounds for immediate suspension and forfeiture of unpaid amounts attributable to the non-compliant traffic.
5. Payment
Payable events and rates are defined per campaign. Unless otherwise stated in a campaign or insertion order, payments are made on a net-30 basis following the close of the calendar month in which payable events occurred, subject to a reasonable minimum payment threshold and to adjustments for clawbacks, chargebacks, and advertiser non-payment for non-compliant traffic. Publisher is responsible for its own taxes.
6. Confidentiality
Campaign terms, payouts, advertiser identities, and Network data are confidential. Publisher will not disclose them except as required by law, and will use them only to perform under this Agreement.
7. Data
As between the parties, consumer data generated through Network campaigns may be used by each party only in accordance with applicable law, the applicable campaign terms, and the consents obtained. Publisher will promptly honor and forward consumer opt-out and privacy requests.
8. Term and termination
Either party may terminate this Agreement or any campaign at any time with notice through the Network platform or in writing. HyperTarget may suspend or terminate immediately for suspected fraud or non-compliance. Sections 3–7 and 9–12 survive termination.
9. Representations; indemnification
Publisher represents that its traffic, creatives, and practices comply with this Agreement and applicable law, and agrees to indemnify, defend, and hold harmless HyperTarget and its advertisers from claims, regulatory actions, damages, and expenses (including reasonable attorneys’ fees) arising from Publisher’s traffic, acts, or omissions, including TCPA claims based on Publisher-generated calls or consent records.
10. Disclaimer; limitation of liability
THE NETWORK IS PROVIDED “AS IS.” HYPERTARGET DOES NOT GUARANTEE CAMPAIGN AVAILABILITY, VOLUME, OR EARNINGS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND HYPERTARGET’S TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID TO PUBLISHER IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
11. Governing law and venue
This Agreement is governed by the laws of the State of Texas. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas.
12. General
This Agreement, the applicable campaign terms, the Terms & Conditions, and the Privacy Policy are the entire agreement between the parties regarding the Network. We may update this Agreement by posting a revised version with a new effective date; continued participation constitutes acceptance. Questions: privacy@hypertargetmarketing.com or contact us.