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Affiliate Agreement
This Agreement contains the complete terms and conditions that apply to your
participation as a member of the 10DollarCash Program (the “Program”) operated by
AP Net Marketing, Inc. (hereinafter, “Company,” “we” or “us”). As used in this
Agreement, “you” or “your” means the applicant/participating member.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY CHECING THE “I AGREE”
BOX AT THE END OF THIS DOCUMENT YOU ARE STATING THAT YOU HAVE READ AND
UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE INDICATING YOUR
ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE
TERMS HEREOF. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM UNLESS YOU
HAVE ACCEPTED EACH AND EVERY TERM HEREOF.
1. Enrollment in the Program.
To begin the enrollment process, you will submit a completed application
through our website http://www.10DollarCash.com. We will evaluate your application in good faith
and will notify you of your acceptance or rejection. We will reject your
application if we determine that you have provided inaccurate or incomplete
signup information, determine that you are under 18 years of age (21 in some
jurisdictions) or determine that your site is unsuitable for the Program for any
reason, including, but not limited to, if your site incorporates images or
content that is unlawful, defamatory, obscene, harassing or otherwise
objectionable, such as sites that facilitate illegal activity or promote
violence or promote or assist others in promoting copyright infringement
(collectively, “Content Restrictions”). Again, you must be at least eighteen
(18) years of age (or older if legal age of majority is more than 18) to
participate in this Program.
2. Non-Exclusive Limited License and Use of Affiliate Logos and Trademarks.
You grant us a non-exclusive license to utilize your names, titles and logos,
trademarks (collectively the “Affiliate Trademarks”), to advertise, market,
promote and publicize in any manner our rights hereunder only under the
following conditions:
(b) You cannot use any ADULT.COM images except for those provided by the
program.
Notwithstanding anything herein to the contrary, we shall not be required to
so advertise, market, promote or publicize. You hereby represent and warrant
that you are the sole and exclusive owner of the Affiliate Trademarks and have
the right and power to grant to us the license to use same in the manner
contemplated herein, and such grant does not or will not (i) breach, conflict
with or constitute a default under any agreement or other instrument applicable
to you or binding upon you, or (ii) infringe upon any trademark, trade name,
service mark, copyright, or other proprietary right of any other person or
entity. This license shall terminate upon the effective date of the expiration
or termination of this Agreement.
3. Using Links on Your Site.
As an affiliate website of COMPANY (“Affiliate Site”), you may use any form
of promotion you choose, consistent with the terms of this Agreement. You may
use banner advertisements, button links and/or text links to our site (the
“Links”), however, you cannot employ deceptive language or misleading URL's in
the Links, and you CANNOT MARKET BY SENDING UNSOLICITED BULK E-MAILS!!! (As used
herein, UBE, or “Spam” refers to the transmission of unsolicited bulk e-mails,
i.e., not derived from a verifiable opt-in program or sent absent a prior
business relationship with the recipient). Any activity by you or on your behalf
that we determine or reasonably suspect to be the result of an unsolicited bulk
e-mail program will result in your immediate termination from the Program and
your forfeiting of monies otherwise due you hereunder. (For further guidelines
on this topic, please see Section 5, below.) Allowable promotional links may
contain COMPANY's trade names, service marks, and/or logos for display on your
Affiliate Site. Subject to the terms and conditions hereof, you are granted a
limited, non-exclusive, non-transferable license to access and download such
Links and other designated promotional materials for placement on your Affiliate
Site for the sole and exclusive purpose of promoting websites owned, operated or
controlled by COMPANY. In utilizing the Links, you agree that you will cooperate
fully with us in order to establish and maintain such Link or Links. A Link may
only be visually modified with our consent.
4. Commissions.
The Program comes in two forms of commission payout: (a) payout based a full
signup, (b) payout based on trial signup.
(a) Full Signup: We will pay you a commission of $35.00 per sign-up coming
from your Links to any 10DollarCash that signs up for a monthly membership. This
includes full signups to 10DollarCash sites on the program's exit consoles.
(b) Full Signup: We will pay you a commission of $25.00 per sign-up coming
from your Links to any 10DollarCash that signs up for a trial or membership. This
includes trial signups to 10DollarCash sites on the program's exit consoles.
Some, or even most, of the sites on 10DollarCash's exit consoles are not in
the 10DollarCash program and therefore I receive no compansation for those exit
sales. The Commission Rate is subject to change from time to time, upon e-mail
notice to you and commencing the 10-days following such notice. Note that a
commission will only be paid if the visitor to our site can be tracked by the
system from the time of the Link to the time of the sale. No commission will be
paid if the visitor's payment to our site cannot be tracked directly to your
site by our system or if full payment for services is not made to us by the
customer. No commission will be paid for signups by you or anyone within your
organization.
5. Commission Payment.
Commissions due and owing to you under the Program will be paid to you
directly by COMPANY on a monthly basis for the prior monthly's activity.
Payments due and owing to you for a pay period of less than $100.00 will be
rolled over into subsequent payment periods until at least $100.00 is reached,
at which time you will receive payment. Payments will be in the form of a check
in US dollars payable to you, as identified in your application, and will be
mailed to the street address indicated in your application (we will not mail to
P.O. Boxes!!). You may request and receive payment via bank wire transfer,
provided, you pay the costs associated with the wire. If you dispute the manner
or amount of calculation of your commission with regard to any given payment
period, you must inform COMPANY within sixty (60) days of said payment,
otherwise you are deemed to have waived your right to challenge said payment
calculation.
6. ACCEPTABLE USE POLICY REGARDING BULK E-MAILINGS
We do allow Webmasters to market websites promoted through this Program
through the transmission of bulk e-mails, however, it is extremely important
that any such mass e-mailings by you conform to our policies. Moreover, you need
to be aware of the fact that many service providers, such as America Online,
Inc. (AOL), have their own standards and policies when it comes to mass mailings
to their members. By way of example, please familiarize yourself with AOL's
policy, as most mass mailings will reach at least some, and potentially many,
AOL members (e.g., username@aol.com) http://www.aol.com/info/bulkemail.html.
The marketing of websites promoted by this Program is strictly prohibited if
done through the transmission of unsolicited bulk email. In other words, you
must have a prior business relationship with the e-mail recipient, including but
not limited to having obtained their e-mail address through a verifiable opt-in
procedure. We strongly encourage you to maintain electronic records of the
manner in which you obtain e-mail addresses for use in mailings. This is
because, if we receive a complaint from a person who received a promotional
e-mailing from you, you will need to demonstrate to us that such person did not
receive unsolicited bulk e-mail from you. We also strictly prohibit you from
transmitting e-mail that makes use of or contains invalid or forged headers,
invalid or non-existent domain names or other means of deceptive addressing
(“counterfeit e-mail”). Do NOT do this. We also strictly prohibit you from
transmitting e-mail that is relayed from any third party's mail servers without
the permission of that third party, or which employs similar techniques to hide
or obscure the source of the e-mail. If you do this in the program, you will not
be paid.
The transmission of unsolicited bulk e-mail, including the transmission of
counterfeit e-mail, may result in civil and criminal penalties against the
sender under applicable federal and/or state law. We do NOT authorize the
harvesting or collection of screen names from any ISP service (for example, AOL)
for the purpose of sending unsolicited e-mail, and will terminate without pay
any webmaster determined to have transmitted bulk emails advertising any
websites marketed through this Program to lists gathered by such methods.
Should we determine, in our sole discretion that you have violated this AUP,
be assured that you will be terminated immediately, will be ineligible to sign
up for another account, will not be paid for any traffic or subscriptions
generated prior to the date of termination; and your registration information
may be turned over to complaining parties (including AOL). HOW TO REPORT
UNSOLICITED BULK E-MAIL If you believe you are the recipient of unsolicited
bulk e-mail from a person or company advertising websites under this Program,
please send a report to support@adult.com. Please include your name, address,
telephone number and any information you may have about the identity of the
person or entity that sent the UBE to you. You may be able to collect
information about the sender from the e-mail itself, for instance, by examining
the e-mails “header,” by examining the webpage or by running a whois query
against the webpage domain.
8. Responsibility for Your Site.
You will be solely responsible for the development, operation and maintenance
of your site and for all materials that appear on your site. You are not
COMPANY's agent, and we shall have no responsibility for the development,
operation and maintenance of your site and for all materials that appear on your
site. You shall also be responsible for ensuring that materials posted on your
site do not violate or infringe upon any laws, including but not limited to 18
U.S.C. Section 2257, or the rights of any third party (including, for example,
copyrights, trademarks, privacy, or other personal or proprietary rights), and
ensuring that materials posted on your site are not libelous or otherwise
illegal. You must have express permission to use another party's copyrighted or
other proprietary material. We will not be responsible if you use another
party's copyrighted or other proprietary material in violation of the law. In
addition to the foregoing, we will immediately terminate your participation in
the Program if we believe you have engaged in any of the following:
- Unsolicited bulk e-mail (see Section 5, above), IRC postings, forged header
mailings or any other form of mailing, including but not limited to, newsgroups
or AOL customers or otherwise violate the anti-UBE policies of ISPs or state
law; - Provide inaccurate or incomplete information to COMPANY concerning
your identity, bank account, address or other required information; - Attempt
to cheat, defraud or mislead us in any way; - Misrepresent to the public the
terms and conditions or content of our sites or your sites; - Promote
passwords, MP3, or Warez; - Own or operate a website in connection with a
person who is under 18 years of age; or - You operate from a foreign country
for which COMPANY will not accept accounts, which include:
Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Cost Rica,
Croatia, Czech Republic, Estonia, Georgia, Hungary, India, Indonesia, Israel,
Jordan, Kaliningrad, Kazakhstan, Korea, Kyrgyzstan, Latvia, Lithuania, Malaysia,
Moldova, Pakistan, Philippines, Romania, Russia, Singapore, Slovakia, Slovenia,
Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab
Emirates, Uzbekistan and Yugoslavia.
IN SHORT, WE EXPECT INDEED, DEMAND THAT YOU ACT WITH THE HIGHEST ETHICAL
STANDARDS UNDER THIS AGREEMENT
9. Procedure Relating to Alleged or Actual Third Party Rights Infringement by
a Participating Webmaster. Upon COMPANY's receipt of a proper notice of
alleged copyright, trademark, service mark or publicity rights violation by Your
participating website (the Notice of Infringement Form used by COMPANY can be
found at TCGII Infringement Form, COMPANY will notify You and ask that You
provide written documentation of your right to use the allegedly infringing
material in your website. That documentation must be: (a) a license of the
rights; (b) consent from the rights holder or their agent; or (c) a written
statement from You or Your attorney (in either email or fax form) explaining
Your claim to have a lawful right, or a legal defense, to display the allegedly
infringing material.
If You do provide COMPANY with appropriate rights documentation (a, b or c,
above), COMPANY will forward that documentation to the rights holder or their
agent, as appropriate. Should the rights. holder/agent not be satisfied, COMPANY
will provide the rights holder/agent with Your contact information in order that
they may contact You and pursue any remaining dispute with You directly.
If you fail to provide the COMPANY an appropriate written response (a, b or
c, above), You will have ten (10) days from the date of COMPANY's original
notification to You to remove the complained of content. Should you fail to
remove said content within ten days, the referring URL containing the complained
of content will be blocked and any funds otherwise due and payable to You
relating to the referring URL will be forfeited, UNTIL SUCH TIME AS YOU PROVIDE
AN APPROPRIATE WRITTEN RESPONSE. You will also be placed in an "infringer"
database, and should repeated complaints be made against you for rights
violations, COMPANY has the right to permanently terminate You from the
10DollarCash program.
HOW TO REPORT ALLEGED RIGHTS INFRINGEMENT BY A WEBMASTER PARTICIPATING IN THE
10DollarCash PROGRAM
If you are the holder, or authorized representative of the holder, of a
copyright, trademark, service mark, or publicity right that you have reason
believe is being infringed by a third party webmaster participating in the
10DollarCash program, please click on this link, download the information page
and fax or mail the completed page as indicated: 10DollarCash Infringement Form.
10. Term of the Agreements.
The term of this Agreement will begin upon our acceptance of your Affiliate
Program Application and will end when terminated by either party. Either you or
we may terminate this Agreement at any time, with or without cause, by giving
the other party notice of termination. Notice by e-mail, to your e-mail address
on our records, is considered sufficient notice for 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 commissions payments, even for
commissions earned prior to the date of termination. If this Agreement is
terminated for any other reason, you are only eligible to earn a commission on
sales occurring during the term of the Agreement, and commissions earned through
the date of termination will remain payable only if the related orders are not
canceled or returned. We reserve the right to withhold your final payment for a
reasonable time to ensure that the correct amount is paid.
11. Modification.
We may modify any of the terms and conditions contained in this Agreement, at
any time and in our sole discretion. Notice of any change by e-mail, to your
address on our records, or the posting on our site of a change notice of a new
agreement, is considered sufficient notice for notifying you of a modification
to the terms and conditions of this Agreement. Modifications may include, but
are not limited to, changes in the scope of available commission fees,
commission schedules, payment procedures, and Affiliate Program rules. All such
modifications shall take effect 48 hours after we serve notice as provided
above, unless we indicate otherwise. If any modification is unacceptable to you,
your only recourse is to terminate this Agreement. Your continued participation
in the Affiliate Program, following our posting of a change notice or new
agreement on our site, will constitute binding acceptance of the change.
12. Relationship of Parties.
You and COMPANY 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 will have no
authority to make or accept any offers or representations on our behalf. You
will not make any statement, whether on your site or otherwise, that reasonably
would contradict anything in this Section. You are not an agent of the COMPANY
and COMPANY expressly disclaims responsibility for any conduct by you in
violation of our terms of agreement.
12. 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 Affiliate 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 Affiliate Program will not exceed the total commissions paid or payable
to you under this Agreement.
14. Disclaimers.
We make no express or implied warranties or representations with respect to
the Affiliate Program or any COMPANY services or other items sold through the
Program (including, without limitation, warranties of fitness, merchantability,
non-infringement, or any implied warranties arising out of a course of
performance, dealing, or trade usage). In addition, we make no representation
that the operation of our site will be uninterrupted or error-free, and we will
not be liable for the consequences of any interruptions or errors.
15. Representations and Warranties.
You hereby represent and warrant to us 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; and
that the execution, delivery and performance by you of this Agreement are within
your legal capacity and power; have been duly authorized by all requisite action
on your part; require the approval or consent of no other persons; and neither
violate nor constitute a default under the (i) provision of any law, rule,
regulation, order, judgment or decree to which you are subject or which is
binding upon you, or (ii) the terms of any other agreement, document or
instrument applicable to you or binding upon you. Should any law enforcement
agency or internet service provider provide COMPANY with notice that you have
engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in
unlawful conduct or conduct in violation of said service provider's terms of
service, we reserve the right to cooperate in any investigation relating to your
activities including disclosure of your account information in connection
therewith.
16. Confidentiality.
We may disclose to you certain information as a result of your participation
as part of the Program, which information we consider to be confidential (herein
referred to as “Confidential Information”). For purpose of this Agreement, the
term Confidential Information shall include, but not be limited to, any
modifications to the terms and provisions of this Affiliate Program Agreement
made specifically for your site and not generally available to other members of
the Affiliate Program, website, business and financial information relating to
COMPANY, customer and vendor lists relating to COMPANY and any members of the
Affiliate Program, other than you. Confidential Information shall also include
any information that we designate as confidential during the term of this
Agreement. You agree not to disclose any Confidential Information and that such
Confidential Information shall also include any information that we designate as
confidential during the term of this Agreement. You agree not to disclose any
Confidential Information and that such Confidential Information shall remain
strictly confidential and secret and shall not be utilized, directly or
indirectly, by you for your own business purposes or for any other purpose
except and solely to the extent that any such information is generally known or
available to the public or if same is required by law or legal process. Should
you received a court notice, complaint or subpoena requesting or seeking to
compel disclosure of Confidential Information, you shall immediately inform
COMPANY and COMPANY shall have the right, and be given the opportunity, to
obtain a protective order to prevent disclosure of such Confidential
Information. We make no warranty, expressed or implied, with respect to any
information delivered hereunder, including implied warranties of
merchantability, fitness for a particular purpose or freedom from patent,
trademark or copyright infringements, whether arising by law, custom or conduct,
or as to the accuracy or completeness of the information and we shall not have
any liability to you or to any other person resulting from your or such third
person's use of the information.
17. Indemnification.
You hereby agree to indemnify, defend and hold harmless COMPANY, its
shareholders, 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”), in so far as such Losses (or
actions in respect thereof) arise out of or are based on (i) any claim or
threatened claim that our use of the Affiliate Trademarks infringes on the
rights of any third party; (ii) the breach of any promise, covenant,
representation or warranty made by you herein; or (iii) or any claim related to
your site.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY CHECKING THE "I
AGREE" BOX AT THE END OF THIS AFFILIATE PROGRAM AGREEMENT YOU ARE STATING THAT
YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE INDICATING YOUR
ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE
TERMS THEREOF.
Note: Your Affiliate Program Application will be presented upon accepting
this Affiliate Program Agreement.
Any additional questions or comments please contact support@10DollarCash.com or
call our toll free number 1-800-575-8612
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