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MONEY4FETISH :: CASHPROGRAM TERMS AND CONDITIONS
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The following are the Terms and Conditions for participation in
the " Money4Fetish" affiliate program (herein referred
to as "the Program” or “we”). As used in
this agreement, “you” or “your” means the
applicant/webmaster.
THIS
IS A LEGAL AGREEMENT BETWEEN YOU AND EXXXTREME ENTERTAINMENT, LTD.
BY CHECKING THE CHECKBOX BY “Check box if you agree to Money4fetish
Cash’s terms” ON THE SIGN UP FORM & SUBMITTING YOUR
INFORMATION, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE
AND THAT YOU HAVE READ, ACCEPT AND ARE BOUND BY ALL OF THE TERMS,
CONDITIONS, PROMISES, WARRANTIES, DUTIES AND OBLIGATIONS SET FORTH
IN THIS AGREEMENT.
1. Participation
1.1
You must be at least eighteen (18) years of age or the legal age
in your jurisdiction to participate in the Program.
1.2
In order to participate, you must register by submitting an application
with CORRECT information via http://www.money4fetish.com/. We may
choose to decline your application should we find any of the information
and/or your website unsuitable for any reason.
1.3
By signing up to the Program you agree that you accept to receive
notices in regards to the Program as long as you are part of the
Program.
1.4
The Program's administration reserves the right to refuse your participation
in the Program for any reason.
2. Responsibilities & Forms of Promotion
2.1
You may use any form of promotion you choose, that does not breach
the terms of this agreement.
2.2
All visitors you send to us must come from a web page. We do not
allow news group postings with links to our web sites nor do we
allow you to link to our web sites from the body of an email message.
2.3
We allow professional and responsible email marketers to promote
our websites. However, you *MUST* contact us in order to get staff approval
for your mailing campaign. Any activity by you or on your behalf
that we determine or reasonably suspect to be the result of an unsolicited
email program will result in your immediate termination from the
Program and your forfeiting of monies otherwise due you hereunder.
2.4
All surfers sent to the Program's site(s) must be in a full size
window with toolbars, location, scroll bars, etc. It must be a regular
window unaltered.
2.5
Our sites MAY NOT be opened or loaded in a FRAME. If your site uses
frames, all links to our sites must use the TARGET="_top"
or TARGET="_self".
2.6
Send honest sign-ups.
2.4
Do not alter the linkcodes.
2.7
Do not use illegal/false advertising as specified below.
2.8
Do not attempt to alter or cheat the Program.
2.9
You are responsible to keep your information on-file accurate for
proper notifications, check mailing and wire transfer settlements.
2.10
You must ensure that you are not performing any actions or doing
anything that may violate this agreement or that is grounds for
termination as described in section 6. Termination.
3. Illegal Advertising
“Illegal
Advertising” consists but is not limited to the following:
3.1
You may not advertise and/or send traffic from any site containing
child pornography or material that is not compliant to 18 USC 2257.
We maintain a zero tolerance policy towards anything related to
child pornography and reserve the right to cooperate with law enforcement
authorities in any child pornography investigations.
3.2
You may not send traffic from websites containing materials which
constitute an infringement, misappropriation or violation of any
person's intellectual property rights such as copyrights, trademark
rights, rights of publicity, patent rights, personal property rights,
privacy rights or other rights.
3.3
False advertising such as statements, photos, graphics, videos promising
features and content that are not available by the Program's website
to members is not permitted.
3.4
Advertising our products and sites to minors is not tolerated.
3.5
The Program does not accept sites and links from sites that endorse
actual, implied or simulated: bestiality, obscene, rape, torture,
child porn as well as warez, mp3 & password selling or trading.
3.6
Sending traffic by spamming IRC, newsgroups and instant messaging
networks.
3.7
You will not be paid for sign-ups received via methods deemed as
“Illegal Advertising” and sending such traffic through
such methods is grounds for immediate termination. Pressplay Media
reserves the right to modify the methods it considers as ‘Illegal
advertising” at any time.
4. Commissions
Your
duty in order to receive a commision from the Program is to direct
visitors via a webpage to the Program's authorized websites. A commission
is paid on a revenue share basis when a visitor views your webpage
in his Internet browser, clicks on the authorized linking code issued
to you by the Program, is redirected to the Program's authorized
websites, enters his/her credit card information, is approved and
the Program receives the fee. The Program reserves to modify the
authorized linking codes at anytime, but it will however notify
you in advanced of such changes in order to allow enough time to
comply.
4.1
The Program pays you 50/50 share for every sign-up, generated by
traffic sent via your authorized linking code.
4.2
The Webmaster Referral Program pays you 10% of the revenue of webmasters
that join the Program after visiting an authorized webmaster referral
linking code. You must show activity (more than 0 sales) for each
period to be paid the referral earnings.
4.3
You agree if you are in violation of this agreement, all commissions
shall be forfeited. No commission shall be paid for sign-ups deemed
as fraudulent, at the sole and exclusive discretion of the Program's
administration.
4.4
No sale shall occur when the visitor visit the website without going
through an authorized linking code issued by the Program.
4.5
Commissions are not credited for sign-ups or webmaster referral
generated by you or someone in your organization.
4.6
All commissions are in US Dollars.
4.7
The above rates are subject to change and you will be informed as
stated in the “Modifications” section of this agreement.
5. Payouts
5.1
Payouts are calculated based on commissions received during a monthly
period. Payouts are issued within 20 working days of the beginning
of the month for the previous month. Payment methods are availalbe
at: Signup
Money4Fetish / Payment
Methode Page
5.2
Commissions for a period that do not meet our minimum of $200.00
or your set minimum payout (must be over $200) will roll-over and
be credited toward the next period until such minimum is met.
5.3
If there is a discrepancy with any of your payouts, you MUST inform
the Program within sixty (60) days or you are said to have waived
the right to challenge the payout calculation.
5.4
The above dates are subject to change and you will be informed as
stated in the 10. Modifications section of this agreement.
5.5
Our log files will prevail in determining amount of clicks and sign-ups.
5.6
All statistics are considered UNOFFICIAL until you have received
a payout confirming the amounts.
5.7
As stated in our Privicy Policy, the Program does not require
US tax ID numbers as payout information is not disclosed to US credit
or tax agencies.
5.8
You aknowledge that there will be certain fees pertaining to payment
processing and shipping fees such as fees for wire transfers and
fees for couriered shippments according to the fee schedule posted
at Payment Methode Page.
6. Termination
The
Program reserves the right to terminate you based on but not limited
to the following:
6.1
The sign-ups you have sent to the Program have excessive refunds
and/or chargebacks.
6.2
Sending sign-ups deemed as fraudulent by the Program or performing
any action that is deemed as an attempt to cheat the Program.
6.3
Altering the authorized linking code provided by the Program by
electronic, mechanical or automated means or other technologies,
currently available or which may become available in the future.
Causing the modification or substitution of the linking code on
URLs belonging to or identified with accounts other than your own.
6.4
Removing or using technology to disable javascript placed by the
Program on its tours.
6.5
Publishing, transferring, reassigning, disclosing, distributing,
leasing, renting or selling your account.
6.6
Signing up through your own account by yourself, an associate or
a person directly instructed or related to you.
6.7
Signing up through your own account by yourself for the webmaster
referral program and the Newsletter.
6.8
Breaching any of the terms set forth in this agreement.
6.9
Your account and/or website is unsuitable for any reason.
6.10
Illegal advertising as stated in section 3. Illegal Advertising
6.11
Providing false or incomplete information during the Program's registration
process such as a false address or fraudulent banking information.
6.12
If we get notified by one of our billing processors that they request
your account to be terminated due to violation of their Terms of
Service or due to sales deemed as fraudulent by the particular processor.
Either
you or we may terminate this agreement at any time, with or without
cause, by giving the other party notice of termination. To terminate
your account contact
us Support. Notice by e-mail, to your e-mail address in
our records, is considered sufficient notice for us to terminate
this agreement. If this agreement is terminated because you have
violated the terms of this agreement you are not eligible to receive
any commission payments, even for commissions earned prior to the
date of termination. If this agreement is terminated for any other
reason, you are eligible to be paid for the commission on sales
occurring up to the date of termination of this agreement. We reserve
the right to withhold your final payment for 60 days to ensure that
the correct amount is paid and none of the sign-ups were fraudulent.
You must meet the minimum payout of $200 in order to have a payment
issued to you in any circumstance. We reserve the right to cancel
the Program at anytime.
7. Availability
The
Program will not be held liable for any loss due to server downtime,
network downtime, packet loss, net traffic problems, acts of God,
acts of war, riot, fire, flood, or other disaster, acts of government,
strike, lock-out, communication line or power failures, inoperability
or destruction of the Site or its components. The Program shall
do everything in its power to maintain the highest standard of availability
of its system.
8. Copyright
8.1
The Program grants a limited nonexclusive, nontransferable and revocable
license to use the Program and the websites/products' trademark
names, service marks, logos, and to access, download and use promotional
banner hypertext links, video, sound, photo content and any other
form of intellectual property provided by the Program, on your website(s)
for the exclusive purpose of advertising, marketing or promoting
ONLY the websites and products of the Program; however, the license
herein granted shall automatically and immediately cease upon the
termination or breach of any term in this agreement.
8.2
You may not copy, reproduce, alter, modify, change, broadcast, distribute,
transmit, disseminate, sell or offer for sale the materials, in
any manner, anywhere in the world, without the express written consent
of the Program.
8.3
You are not allowed to remove, obstruct or make any change to the
watermarks on the promotional materials, photographs, screenshots
and videos.
9. Confidentiality
Any
modifications to the terms and provisions of this agreement made
specifically for you or your website and not generally available
to other webmasters, shall be deemed as confidential. You agree
not to disclose any confidential information and that such confidential
information shall remain secret and shall not be utilized, directly
or indirectly, by you for your own business purposes or for any
other purpose, except to the extent that any such information is
generally known or available to the public or if disclosure is required
by law or legal process.
10. Modification
The
Program reserves the right to modify any part of this agreement
at anytime without prior notice. Upon modification, you will be
informed by email, writing or by an informational text on the Program's
website. Should you choose to not accept the amendments, the only
action you can take is to terminate your account and have all outstanding
commission paid to you. Continued participation in the Program and/or
no action shall mean that you have accepted the modifications to
the agreement. All modifications shall become active 48 hours after
the modifications and notice have been completed.
11. Relationship of Parties
You
and the Program are independent contractors, and nothing in this
agreement will create any partnership, joint venture, agency, franchise,
sales representative, or employment relationship between the parties.
You have no authority to make or accept any offers or representations
on our behalf. You will not make any statement, whether on your
site(s) or otherwise, that reasonably would contradict anything
in this Section. You are not an agent of the Program and the Program
expressly disclaims responsibility for any conduct by you in violation
of the terms of this agreement.
12. Representation & Warranties
You
hereby represent, warrant and covenant that this agreement has been
duly and validly executed and delivered by you and constitutes your
legal, valid and binding obligation, enforceable against you in
accordance with its terms. You further represent, warrant and covenant
that the execution, delivery and performance by you of this agreement
is within your legal capacity and power, has been: (1) duly authorized
by all requisite actions taken on your part; (2) does not require
the approval or consent of any other individuals or entities; (3)
does not violate nor constitute a default under any provision of
law, rule, regulation, order, judgment, or decree to which you are
subject or which is binding upon you; and (4) does not violate the
terms of any other agreement, document or instrument applicable
to you or binding upon you. Should any law enforcement agency or
similar entity provide the Program with notice that you have engaged
in unlawful conduct , the Program reserves the right to cooperate
in any investigation relating to your activities, including the
disclosure of your account information in connection therewith.
13. Indemnification
You
hereby agree to indemnify, defend and hold harmless the Program,
its shareholders, subsidiaries, officers, directors, employees,
agents, affiliates, successors and assigns, from and against any
and all claims, losses, liabilities, damages or expense (including
attorneys' fees and costs) of any nature whatsoever incurred or
suffered by us (collectively the "losses"), insofar as
such losses (or actions in respect thereof) arise out of or are
based on (a) any claim or threatened claim that our use of your
trademark(s) infringes on the rights of any third party; (b) the
breach of any promise, covenant, representation or warranty made
by you herein; or (c) or any claim related to your site.
14. Limitation of Liability
We
will not be liable for indirect, special, or consequential damages,
or any loss of revenue, profits, or data, arising in connection
with this agreement or the Program, even if we have been advised
of the possibility of such damages. Further, our aggregate liability
arising with respect to this agreement and the Program will not
exceed the total commissions paid or payable to you under this agreement.
15. Miscellaneous
Terminated
accounts cannot later apply to the Program without our express written
consent. This agreement will be governed by the laws of Gibraltar,
without reference to rules governing choice of laws. Our failure
to enforce your strict performance of any provision of this agreement
will not constitute a waiver of our right to subsequently enforce
such provision or any other provision of this agreement. The sole
and exclusive venue for any action arising under this agreement
will be in the Courts of Gibraltar, and you hereby submit to the
jurisdiction and venue of such courts.
If you have questions or comments please click here to contact
us.
This agreement had been updated on: 2007.12.12
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