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Terms Of Service Agreement


This agreement may be changed from time to time, but we will notify you on every change, modification and additions. Sounds fair so far?

Introduction. This agreement ("Agreement") between You and Fair Ads Network ("FAN" or "F.A.N.") consists of these Standard Terms and Conditions. A description of the Program, as generally offered by FAN, is available through the Frequently Asked Questions ("FAQ") URL, located at http://www.fairadsnetwork.com/faq. "You" as the "Advertiser/Publisher" means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.

  1. Program Eligibility and Participation. This program is open to all businesses and individuals who are legally able to work in their State/Province and country of origin. FAN reserves the right to refuse participation to any applicant or participant at any time at its sole discretion. By enrolling in the FAN Program, You agree that FAN may serve third party and/or FAN provided advertisements (such FAN-served advertisements, collectively, "Ads"), related FAN queries and/or Ad search box(es) (collectively, "Links"), FAN Web and/or Site search results (collectively, "Search Results"), and/or FAN referral Ads ("Referral Buttons") in connection with the Web site(s) that You designate and the RSS or other feeds distributed through such Web site(s) (each such Web site or feed, a "Site"). For the avoidance of doubt, any reference in this Agreement or the Program Policies to an individual "Web page", "Web site", "Web site page" or the like that is part of the Site will also mean feeds distributed through such Web site. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by FAN (including by electronic mail).

  2. Implementation and Operation of Ads, Search Results, and Referrals. You agree to comply with the specifications provided by FAN from time to time to enable proper delivery, display, tracking, and reporting of Ads, Links, Search Results, Referral Buttons, and FAN Brand Features in connection with Your Site(s), including without limitation by not modifying the JavaScript or other programming provided to You by FAN in any way, unless expressly authorized in writing by FAN (including by electronic mail).

    • FAN for Content. All content and Site-based Ads (and Ads served in response to end user clicks on and queries entered into Links, if any) shall be grouped by FAN and displayed with Links (where applicable) to end users of the Site(s) as ad units (such groups of Ads and/or Links collectively referred to as "Ad Units") in standard formats as offered generally by FAN from time to time, as may be described in the FAQ. You may select a format approved by FAN for the display of Ad Units in connection with the Site(s), but You acknowledge and agree that Ads and/or Links: (i) shall only be displayed in connection with the Site(s), each of which is subject to review and approval by FAN in its discretion at any time; and (ii) shall be subject to the placement guidelines set forth herein. In addition, You agree that while You may display more than one (1) Ad Unit on each Site Web page, it shall not exceed 3 text or image ad, 1 link ad and 2 referral banners on a single page. If you wish to show more than 3 banners, it must not have any other FAN provided ads.

    • Conjunction. Although You may display FAN ads in conjunction with other Ad Networks You agree to abide by FAN's policy regarding how many Ad Units to display per page, which is the same guidelines set above.

    • Referrals. If You have elected to use the FAN Referrals feature, You will implement any Referral Buttons on Your Site(s) in accordance with the specifications provided by FAN. Each Web page(s) that contains a Referral Button must also contain other content related to Your Site. End users who click on a Referral Button will be directed to a Web page hosted by FAN ("Referral Page"), the format, look and feel of which may be modified by FAN from time to time. A "Referral Event" will be initiated when an end user clicks on a Referral Button from the Site and will be completed when the referral requirements for the relevant FAN product are satisfied in accordance with this Agreement. Such referral requirements, along with the payment amount applicable to the Referral Event, are located at [http://www.fairadsnetwork.com/faq], or such other URL as FAN may provide from time to time. You agree to comply with the specifications provided by FAN from time to time to enable proper tracking and reporting of Referral Events in connection with Your Site.

    • FAN for Actions. If You have elected to use the FAN cost per action feature, You agree to strictly adhere to the instructions, in which requires You to insert a javascript code on your web page. It must not be removed or all actions and records of such queries will not be accounted for. FAN's Javascript cannot be altered in any way, unless screened and approved by by FAN.

  3. Affiliate/Referral Structure. The FAN affiliate structure is based on a one (1) tier affiliate model paying only the immediate Upline/Sponsor: 8% of every amount funded by Your immediate advertiser referral is automatically credited to Your account. Each time Your publisher account earns $50 USD the You will be able to receive payment. Each time time Your publisher referral reaches $50, You will automatically receive an additional $4. The Master Marketer is a monthly membership subscription currently priced at $19.99 USD. For each of your immediate referrals that upgrade, you are credited 40% of the amount paid each month for as long as the referral is active. You must also maintain an active account in order to receive affiliate commissions. The price may go up at any time but you will be given notice prior to the chane. Every changes to the price will have a 3 day delay before going into effect. The changes does not and will not apply to You if You have already upgraded before the change. If You upgrade after Your referral/affiliate, Your affiliate commissions will propogate the following month.

  4. Parties' Responsibilities. You are solely responsible for the Site(s), including all content and materials, maintenance and operation thereof, the proper implementation of FAN's specifications, and adherence to the terms and policies of this Agreement. FAN reserves the right to investigate, at its own discretion, any activity that may violate this Agreement, including but not limited to any use of a software application to access Ads, Links, Search Results, or Referral Buttons or to complete any Referral Event, or any engagement in any activity prohibited by this Agreement, or intentionally infringe click-frauds. FAN is not responsible for anything related to Your Site(s), including without limitation the receipt of queries from end users of Your Site(s) or the transmission of data between Your Site(s) and FAN. In addition, FAN shall provide notice to You in the event that any Ad, Link, Search Result, or Referral Button is not being displayed properly to, or Referral Event is not being completed properly by, end users of the Site(s). You fully understand that publishers will, from time to time, use traffic exchanges and autosurf services to promote their own website. This means additional impressions on your ads, but it does not mean invalid clicks.

  5. Advertiser Policy Adherence. You will not at any time or in any way promote ads pertaining to (in part or inclusively) illegal activity, which includes, but not limited to, anti-race, color, gender, religion, age, origin or disability, hate or violent and obstrusive conduct. You may promote adult material but it must be achnowledged in Your member profile and will be shown only in the adult category. If placed in any other category Your account will be immediately terminated without confirmation. All charges and penalties possible will incur.

  6. Prohibited Uses. You shall not authorize or encourage any third party to: (i) directly or indirectly generate queries, Referral Events, or impressions of or clicks on any Ad, Link, Search Result, or Referral Button through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; (ii) edit, modify, filter or change the order of the information contained in any Ad, Link, Ad Unit, Search Result, or Referral Button, or remove, obscure or minimize any Ad, Link, Ad Unit, Search Result, or Referral Button in any way; (iii) frame, minimize, remove or otherwise inhibit the full and complete display of any Web page accessed by an end user after clicking on any part of an Ad ("Advertiser Page"), any Search Results Page, or any Referral Page; (iv) redirect an end user away from any Advertiser Page, Search Results Page, or Referral Page; provide a version of the Advertiser Page, Search Results Page, or Referral Page that is different from the page an end user would access by going directly to the Advertiser Page, Search Results Page, or Referral Page; intersperse any content between the Ad and the Advertiser Page, between the page containing the Search Box and the Search Results Page, or between the Referral Button and the Referral Page; or otherwise provide anything other than a direct link from an Ad to an Advertiser Page, from the page containing the Search Box to the Search Results Page, or from the Referral Button to the Referral Page; (v) display any Ad(s), Link(s), or Referral Button(s) on any Web site that contains any pornographic, hate-related, violent, or illegal content; (vi) directly or indirectly access, launch, and/or activate Ads, Links, Search Results, or Referral Buttons through or from, or otherwise incorporate the Ads, Links, Search Results, or Referral Buttons in, any software application, Web site, or other means other than Your Site(s), and then only to the extent expressly permitted by this Agreement (e.g., while Search Results may be indirectly accessed from Your Site(s), they may only be displayed on the appropriate FAN-hosted Web page); (vii) "crawl", "spider", index or in any non-transitory manner store or cache information obtained from any Ads, Links, Search Results, or Referral Events, or any part, copy, or derivative thereto; (viii) act in any way that violates any Program Policies posted on the FAN Web Site, as may be revised from time to time, or any other agreement between You and FAN, or engage in any action or practice that reflects poorly on FAN or otherwise disparages or devalues FAN's reputation or goodwill. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.

  7. Termination; Cancellation. Subject to any third party agreements You may have with other FAN customers (e.g., Your Web hosting company), You may stop displaying Ads, Links, Search Boxes, or Referral Buttons on any Site in the Program with or without cause at any time by removing the FAN JavaScript or similar programming from Your Sites. You may terminate this Agreement with or without cause at any time by sending written notice of your desire to cancel Your participation in the Program to terminate@fairadsnetwork.com. This Agreement will be deemed terminated within ten (10) business days of FAN's receipt of Your notice AND confirmation. You may also delete your account immediately by logging into your account and "Edit Profile." A delete button is readily available for your use. FAN may investigate any activity that may violate this Agreement. If You wish to re-establish your account, there will be a $10 USD re-activation fee. FAN may at any time, at its sole discretion, terminate all or part of the Program, terminate this Agreement, or suspend or terminate the participation of any Site in all or part of the Program for any reason. In addition, FAN reserves the right to terminate any account that fails to remain active within a 3 month period. If You initiated the termination, You will have 30 days to re-consider or it will be automatically deleted from our database. An active publisher account is maintained by earning $5.00 within every 3 months. An active advertiser account is maintained by depositing $5 USD within every 3 months. The only exception is You are a Master Marketer then it is voided. Accounts that fail this requirement will be terminated after 6 months from last known activity.

  8. DISCLAIMER; No Guarantee; No Warranty. FAN makes no guarantees nor promises of increase revenue, income, traffic or leads. FAN makes no guarantee regarding the level or quality of impressions or clicks on any Ad or Referral Button and the timing of delivery of such impressions and/or clicks. FAN makes no warranty, expressed or implied, including without limitation with respect to advertising, links, search, referrals, and other services, and expressly disclaims the warranties or conditions of noninfringement, merchantibility, and fitness for any particular purpose. To the extent ads, links, and search results are based on non-FAN content, FAN shall not have any liability in connection with the display of such ads, links, and search results.

  9. Limitations of Liability. EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE FAN PROGRAM, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) FAN'S AGGREGATE LIABILITY TO THE PUBLISHER UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE NET AMOUNT PAID BY FAN TO PUBLISHER/ADVERTISER DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

  10. Payment. You shall receive a payment related to the number of valid clicks on Ads, valid impressions of Ads, and/or valid completions of actions in connection with Your Site(s), in each case as determined by FAN for its participants in the Program. Unless otherwise agreed to by the parties in writing (including by electronic mail), payments to You shall be sent by FAN within approximately (7) days after the 1st and 15th of each calendar month that Ads or Referral Buttons are running on Your Site or that Ads are running on Search Results Pages; if Your earned balance is $50 or more. In the event the Agreement is terminated, FAN shall pay Your earned balance to You within approximately sixty (30) days after the end of the calendar month in which the Agreement is terminated by You (following FAN's receipt of Your removal request, including by email, to terminate the Agreement) or by FAN. In no event, however, shall FAN make payments for any earned balance less than $10. Notwithstanding the foregoing, FAN shall not be liable for any payment based on: (a) any amounts which result from invalid queries, invalid Referral Events, or invalid clicks or impressions on Ads generated by any person, bot, automated program or similar device, as reasonably determined by FAN, including without limitation through any clicks or impressions (i) originating from Your IP addresses or computers under Your control, (ii) solicited by payment of money, false representation, or request for end users to click on Ads, or (iii) solicited by payment of money, false representation, or any illegal or otherwise invalid request for end users to complete Referral Events; (b) Ads or Referral Buttons delivered to end users whose browsers have JavaScript disabled; (c) FAN advertisements for its own products and/or services (excluding payments based on completed Referral Events); or (d) clicks co-mingled with a significant number of invalid clicks described in (a) above, or as a result of any breach of this Agreement by You for any applicable pay period. FAN reserves the right to withhold payment or charge back Your account due to any of the foregoing or any breach of this Agreement by You, pending FAN's reasonable investigation of any of the foregoing or any breach of this Agreement by You, or in the event that an advertiser whose Ads are displayed in connection with Your Site(s) defaults on payment for such Ads to FAN. In addition, if You are past due on any payment to FAN in connection with any FAN program, FAN reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to You in connection with the Program by amounts owed by You to FAN. To ensure proper payment, You are solely responsible for providing and maintaining accurate contact and payment information associated with Your account. For U.S. taxpayers, this information includes without limitation a valid U.S. tax identification number and a fully-completed Form W-9. For non-U.S. taxpayers, this information includes without limitation either a signed certification that the taxpayer does not have U.S. Activities. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your participation in the Program. FAN may change its pricing and/or payment structure at any time. If You dispute any payment made under the Program, You must notify FAN in writing within thirty (30) days of any such payment; failure to notify FAN shall result in the waiver by You of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by FAN. No other measurements or statistics of any kind shall be accepted by FAN or have any effect under this Agreement. The payments made under this Agreement are for use by You only and may not be transferred or in any manner passed on to any third party (i.e., distributed to Sites managed by You that require separate payments) unless expressly authorized in writing by FAN (including by electronic mail).

  11. Publicity. You agree that FAN may use Your name and logo in presentations, marketing materials, customer lists, financial reports, Web site listings of customers, Search Results Pages, and Referral Pages. If You wish to use FAN's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), You may do so, so long as such use is in compliance with this Agreement and in compliance with FAN's then current Brand Feature use guidelines, and any content contained or referenced therein, which guidelines may be found within this Agreement.

  12. Representations and Warranties. You represent and warrant that (a) all of the information provided by You to FAN to enroll in the Program is correct and current; (b) You are the owner of each Site or that You are legally authorized to act on behalf of the owner of such Site(s) for the purposes of this Agreement and the Program; (c) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (d) You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in Your performance of any acts hereunder. You further represent and warrant that each Site and any material displayed therein: (i) comply with all applicable laws, statutes, ordinances, and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories.

  13. Your Obligation to Indemnify. You agree to indemnify, defend and hold FAN, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Site(s), and/or Your breach of any term of this Agreement.

  14. FAN Rights. You acknowledge that FAN owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Program (including FAN's ad serving technology, search technology, referral technology, and Brand Features, and excluding items licensed by FAN from third parties), and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any FAN services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. You will not remove, obscure, or alter FAN''s copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any FAN services, software, or documentation (including without limitation the display of FAN's Brand Features with Ads, Links, Search Boxes, Search Results, and/or Search Buttons, as applicable). "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

  15. Information Rights. FAN may retain and use, subject to the terms of the FAN Privacy Policy located at the bottom of this Agreement, all information You provide, including but not limited to Site demographics and contact and billing information. You agree that FAN may transfer and disclose to third parties personally identifiable information about You for the purpose of approving and enabling Your participation in the Program, including to third parties that reside in jurisdictions with less restrictive data laws than Your own. FAN may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. FAN disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party. FAN may share non-personally-identifiable information about You, including Site URLs, Site-specific statistics and similar information collected by FAN, with advertisers, business partners, sponsors, and other third parties. In addition, You grant FAN the right to access, index and cache the Site(s), or any portion thereof, including by automated means including Web spiders or crawlers.

  16. Miscellaneous. This Agreement shall be governed by the laws of Texas, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Grand Prairie, Texas. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms, or after Your continued participation in the Program after such terms have been updated by FAN. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to FAN. Notwithstanding the foregoing, FAN may assign this Agreement to any affiliate at any time without notice. The relationship between FAN and You is not one of a legal partnership relationship, but is one of independent contractors.
Privacy Policy
This applies to all information gathered from visitors and members who are Advertisers and Publishers of FAN.
    1. IP Address. Your IP address will be used to help diagnose problems with the server, click-frauds and other administrative actions, including but not limited to determination of account access violations.
    2. Sharing Personal Information with Third Parties. FAN will never sell or give away your personal information to third parties for purposes of building contact lists, or anything of that nature. FAN stands firmly against any transfer of personal information for reasons of building the contact lists of third parties.

      Any FAN participant, associate or affiliate who participates in the sale of the personal information of visitors or customers, to build the contact lists of third parties, will be removed immediately, and without recourse, from any business relationship previously held with, for or by FAN.

    3. Business Transition Exception. In the event that FAN goes through a business transition, such as a merger, or being acquired by another company, users’ personal information will, in most instances, be part of the assets transferred.
    4. Legal Disclaimer. Though FAN will make every effort to preserve user privacy, FAN may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.
    5. Cookies. FAN uses cookies to keep track of Your actions. FAN also use cookies for tracking and properly crediting affiliates in the affiliate system.
    6. Personal information. The FAN registration form requires users to give full contact information (such as full name and email address), unique identifiers (such as username), and financial information (such as account or credit card numbers). The customer's contact information is used to contact the visitor when necessary. Users may opt-out of receiving future mailings; see the choice/opt-out section below. Financial information that is collected is used to check the users' qualifications for registration in FAN Affiliate Program and to bill the user for products and services. Unique identifiers (such as Affiliate IDs) are collected for use as account numbers in my record system.
    7. Children. FAN does not knowingly collect or solicit personally identifiable information from or about children under 13 except as permitted by law. If FAN discover any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe FAN have any information from or about anyone under 13, please contact us.
    8. Links. This site contains links to other sites. FAN is not responsible for the privacy practices of such web site(s). FAN is not responsible for any content on any linked sites or for any goods or services available from such web site(s) mentioned.
    9. Public Forums. This site makes chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
    10. Security. This site has security measures in place to protect the loss, misuse and alteration of the information under our control. For liability limitations, refer to the appropriate paragraph in this Agreement.
    11. Termination. FAN gives users the following options for removing their information from my database to not receive future communications or to no longer receive my service.
    12. Correct/Update. FAN will allow all participants to make updates and changes to their profile. The only limitation is the changes of username, which requires FAN administrative support.
    13. Changes to this Policy. FAN reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of this Program following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.
    14. Governing law. This policy and the use of this Site are governed by Texas law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Grand Prairie, Texas. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
    15. If it proves impossible to arrive at a mutually satisfactory solution through mediation, FAN agrees to submit the dispute to binding arbitration at the following location: Grand Prairie, Texas, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
    16. FAN is controlled, operated and administered by Kevin Lam, Konstantin Boyandin and other staff. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
    17. Contacting the Website. If You have any questions about this privacy statement, the practices of this site, or Your dealings with FAN, contact us:

      Fair Ads Network
      309 W Phillips Ct
      Grand Prairie, TX 75051
      Email Us

    18. Please note that we may also share your information in the event that we are asked to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims, or as otherwise permitted by law.

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