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AFFILIATE TERMS AND CONDITIONS |
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By clicking on ‘I accept’ and ‘create
account’, the affiliate is entering into this legal agreement with
Pornstardollars.com and affirmatively stating that same has read,
understands and accepts the agreement and as such agrees to be bound by the
terms and conditions set forth herein.
Affiliate cannot become a member of the Pornstardollars
Affiliate Program unless accepting each and every term and condition herein. 1)
In order to enroll and
participate as a webmaster in the Pornstardollars
Affiliate Program, the affiliate must be over eighteen (18) years of age and/or over the age of majority
if residing and/or conducting business in states, provinces or countries
where the age of majority is greater than eighteen (18) years of age. The affiliate may not participate in the Pornstardollars affiliate program in any manner if not of
the age of majority in the state, province or country where residing and/or
conducting business. If affiliate is
a corporation or any other legal entity, its shareholders, partners and
directors must be over eighteen (18)
years of age and/or over the age of majority if residing and/or
conducting business in states, provinces or countries where the age of
majority is greater than eighteen (18) years of age. If at any time, Pornstardollars.com
discovers that an affiliate is under 18 years of age and/or under the age of
majority, the affiliate’s account shall be cancelled and all monies due will
be forfeited as partial damages for violation(s) of the terms and services
of the Agreement. 2)
The affiliate must be
the owner of the website or the individual vested with the authority to
enter into contracts on behalf of the entity that owns the rights to the
affiliate website. 3)
The Agreement and the
provisions hereof, shall be in full force and effect commencing on the date
accepted by Pornstardollars.com and exist until terminated by either party
in accordance with the provisions set forth herein. 4)
All payments are made
in U.S. dollars (“USD”). Webmaster Referral
Program 5)
An Active Webmaster is
defined as a Webmaster that has earned a minimum of $75.00$ of income/payouts with the Pornstardollars.com
affiliate program per pay period. A referring Webmaster will be
credited 100.00$ for a webmaster referral once the referred webmaster
reaches 75.00$ of income/payouts with the Pornstardollars.com affiliate
program. Webmasters family members and employees are not eligible as
referrals and any attempt to refer ineligible individuals to the program
will result in immediate account termination. 6)
A valid referral is
defined as an active webmaster that receives 75.00$ of income/payouts from the Pornstardollars.com affiliate
program per pay period and is not in violation/breach of the terms of
this agreement.
7)
Structure: -
Pay Per Signup:
Pornstardollars.com shall pay the affiliate per signup, generated through
any of our tours whether the consumer purchases a trial or monthly or multi
month membership. -
60/40 Revenue Sharing:
Pornstardollars.com shall pay the affiliate 60% recurring of all signups and re bills that the affiliate’s
traffic generates using this program. 8)
A signup is defined as
a signup from a valid referral that does not
result in a refund or reversal in the first 24 hours of membership and is
not in violation of the terms of this agreement. 9)
Affiliate acknowledges
and agrees that they shall not be entitled to a commission or referral fee
for any and all referrals, which are in breach/violation of the terms of
this agreement. Affiliate also acknowledges and agrees they shall not be
entitled to a commission or referral fee from Pornstardollars.com for any
subscription, which Pornstardollars.com in its sole and unfettered
discretion determines, is the result of possible fraudulent activity. In addition, family members and employees of
the affiliate are not eligible as sign ups and any attempt to refer
ineligible individuals to the program will result in immediate account
termination.
10)
Pornstardollars.com reserves the right to determine the
manner in which payments shall be processed.
Generally, the pay period shall be split into two monthly periods:
from the 1st of the month to the 15th of the month and from the 16th of the
month to the last day of the month. Generally,
payments shall be made 30 days after the end of pay period. Generally, the first payment is sent 30 days
after end of pay period and subsequent payments are sent every 2 weeks thereafter. 11) The affiliate shall be
solely responsible for the operation, development and general maintenance of
their website. 12) An Affiliate is not
authorized to and shall not change, modify or in any way edit Pornstardollars names, images, file names, trademarks,
design logos, watermarks, banners, ads, descriptive logos or any other
material for any purpose other than as expressly set forth herein or in any
modification to this Agreement.
More over, an affiliate shall not remove, edit, modify, alter or
change the Pornstardollars or any other Pornstardollars
watermark in any way, nor shall they insert publicity of any kind within the
videos/scenes (during, before or after).
The affiliate acknowledges and understands that any breach of these
provisions gives Pornstardollars.com the right to revoke one’s webmaster
status without notice as well as cancel the affiliate’s account and all
monies due will be forfeited as partial damages for violation(s) of the
terms and services of the Agreement. 13)
All scenes (videos) belonging to Pornstardollars.com
and/or its subsidiaries posted/uploaded/published onto websites by the
affiliate as part of the Pornstardollars affiliate
program shall not run longer than three (3) minutes in total duration. In addition, when
posting/uploading/publishing a scene, the affiliate agrees not to post more
than one part of the scene. More than
one part of the same scene cannot be posted. Any affiliate that
posts/uploads/publishes scenes longer than three minutes and/or posts
various parts of the same scene, acknowledges and understands that
Pornstardollars.com shall have the right to revoke one’s webmaster status
without notice as well as cancel the affiliate’s account and all monies due
will be forfeited as partial damages for violation(s) of the terms and
services of the Agreement. 14) Pornstardollars.com
abides by a ZERO TOLERANCE
policy relating to “spamming.” No spamming of any kind or in any form,
whatsoever, is permitted to Pornstardollars.com's
site. Pornstardollars does not allow Webmasters to market
websites under this program through the transmission of unsolicited bulk e-mails, therefore, it is extremely important that any mass
e-mailings by you conform to our policies. To comply with the new US Federal Law, CAN-SPAM Act of 2003 Pornstardollars
strictly enforces the following policy effective midnight, December 31,
2003. 15) Affiliate acknowledges
and agrees that its website(s) shall be in full compliance with Section 2257
of Title 18, United States Code, the “Records Keeping and Labeling Act”
containing all information as required by Section 2257 of Title 18.
Affiliate further acknowledges that it has a legal obligation to comply with
disclosure provisions of the Records Keeping and Labeling Act and shall
identify a custodian of records and address for each and every image
appearing on the affiliate’s website and/or comply with all amendments of
Section 2257 of Title 18. The affiliate warrants that all content on
its website shall be compliant with Section 2257 of Title 18 and all models
were at least eighteen (18) years of age when content was created. 16)
The affiliate shall not use
Pornstardollars.com’s
images or videos for promotion of any other site. 17)
Pornstardollars.com abides by a ZERO TOLERANCE policy relating to any illegal content.
Child Pornography, bestiality, rape, torture, snuff, death and/or any other
type of obscene and/or illegal material shall not be tolerated by
Pornstardollars.com. Should an affiliate send hits or cause hits
to be sent from any site which contains Child Pornography, bestiality, rape,
torture, snuff, death of any other type of obscene and/or illegal material,
status as Webmaster will be revoked without notice and account cancelled and
all monies due to the affiliate will be forfeited as partial damages for
violation(s) of the terms and services of the Agreement. Furthermore, should an affiliate website
contain any child pornography,
bestiality, rape, torture, snuff, death and/or any other type of obscene
and/or illegal material of any kind, Pornstardollars.com shall revoke
the webmaster’s status without notice and terminate the account and all
monies due to the affiliate will be forfeited as partial damages for
violation(s) of the terms and services of the Agreement. 18) Pornstardollars.com
does not accept traffic from any site that contains materials which
constitutes an infringement, misappropriation or violation of any
individual's or entity's intellectual property rights including but not
limited to copyrights, trademark rights, rights of publicity, patent rights,
personal property rights, privacy rights, etc. If you send hits or cause
hits to be sent from any site which constitutes an infringement,
misappropriation or violation of any individual's or entity's intellectual
property rights, your status as Webmaster will be revoked without notice and
your account cancelled and all monies due to you will be forfeited as
partial damages for violation(s) of the terms and services of the Agreement.
Further more, should an affiliate website
contain any material which in Pornstardollars’s
sole discretion constitutes an infringement, misappropriation or violation
of any individual's or entity's intellectual property rights including but
not limited to copyrights, trademark rights, rights of publicity, patent
rights, personal property rights, privacy rights, etc., Pornstardollars.com shall revoke the webmaster’s status without
notice and terminate the account and all monies due to the affiliate will be
forfeited as partial damages for violation(s) of the terms and services of
the Agreement. 19) Pornstardollars.com
shall not tolerate any form of deceptive, unfair and/or false advertising by
an affiliate and all such practices are prohibited. 20)
Pornstardollars.com shall not tolerate any spyware or
ad-aware and shall not accept referrals obtained through Spyware or ad-ware
and all other software which sends data back to the user with his/her
knowledge and/or consent. 21)
The Affiliate acknowledges and agrees that Pornstardollars
shall have the right to revoke the webmaster’s status without notice
and terminate the account and all retain monies due to the affiliate as
partial damages for violation(s) of the terms and conditions of the
Agreement if in Pornstardollars’s sole and unfettered discretion, the
affiliate has violated any of the terms of the agreement. 22) Affiliate accounts
terminated by Pornstardollars due to a violation
of the terms and conditions set forth herein, cannot re-apply to the Pornstardollars Affiliate Program without the written
consent of
Pornstardollars.
Subject to the restriction, the present Agreement will be binding on
and enforceable against parties and their respective successors and assigns.
Failure by Pornstardollars to enforce strict performance of any
provision in the Agreement will not constitute a waiver of our right to
subsequently enforce such provision or any other provision of this
Agreement. 23) Pornstardollars.com
reserves the right to cancel any Webmaster's account that has an unusually
high number of charge-backs and refunds as decided in the sole and
unfettered discretion of Pornstardollars.com. Any monies, which are due to
any Webmaster whose account has been terminated due to charge-backs and
refunds, will be forfeited as partial damages under the terms of this
agreement. 24) Affiliate acknowledges
and agrees that Pornstardollars.com shall have the right, in its sole and
exclusive discretion, at any time during the term of this agreement, to
expand or modify what it determines to constitute possible fraudulent
activity. Without limiting the generality of the foregoing, possible
fraudulent activity shall include without limitation, the following
circumstances or activities: -Where there has been an attempt to process a
credit card with a bin number that is listed in a negative bin number
database; and -Where there have been sequential or multiple
attempts to register or subscribe from a credit card using the same bin
number and sequential or multiple number strings to complete the credit card
number. 25) All
Pornstardollars.com program benefit materials, including but not limited to
all advertising banners, photographic materials, recordings, video, sound,
and any other form of intellectual property provided to the affiliate by
Pornstardollars.com as part of this program shall remain the exclusive
property of Pornstardollars.com and may not be copied, reproduced, altered,
modified, changed, broadcast, distributed, transmitted, disseminated, sold
or offered for sale in any manner except as expressly authorized in writing
by Pornstardollars.com. The affiliate acknowledges and agrees that nothing
in this agreement shall grant the affiliate any right of ownership
whatsoever in Pornstardollars’s intellectual
property. The affiliate agrees that
it will not take any action or act in any manner that shall ruin or
otherwise impair the value and the goodwill associated with the
Pornstardollars
brand and its property. Affiliate
agrees not to use Pornstardollars’s proprietary
marks in a manner that diminishes its value or portray its product in a
negative manner.
26) Should any law
enforcement agency, internet service provider or other individual or entity
provide Pornstardollars.com with notice that an affiliate has engaged in the
transmission of unsolicited e-mails or have otherwise engaged in unlawful
conduct or conduct in violation of said service provider's terms of service,
Pornstardollars.com reserves the right to cooperate in any investigation
relating to your activities, including the disclosure of your account
information in connection therewith. 27)
“Confidential Information” shall be defined as
any information, oral or written, treated as confidential that relates to
either party’s (or, if either party
is bound to protect the confidentially of any other persons information,
such other persons) past, present or future research, development or
business activities, including any unannounced product(s) and service(s) and
including any information relating to services, trade secrets, intellectual
property, developments, designs, inventions, processes, plans, financial
information, customer and supplier lists, forecasts, and projections.
Confidential information shall also include the terms of this Agreement, any
date, idea, technology, know-how, inventions, algorithms, process,
technique, program, computer software, computer code, and related
documentation, work-in-progress, future development, engineering,
distribution, manufacturing, marketing, business, technical, financial or
personal matter relating to any actor or actress present or future products,
sales, customers, employees, opportunities, markets or business in graphic
text or electronic or any other form, that is treated as confidential by
either party. The affiliate agrees it
shall not disclose of any Confidential Information to any third party and
shall not use Confidential information for any
purpose other than performance of the right obligations of the agreement. Affiliate shall also take all and any
reasonable precautions to prevent any unauthorized disclosure of
Confidential Information. 28)
Pornstardollars.com reserves the right to cancel this program at any
time. 29)
Pornstardollars.com shall not be liable for any losses due to server
downtime, net congestions and any and all similar and like occurrences or
difficulties. 30)
The parties to the agreement shall not be liable or be considered in
breach or default under the Agreement on account of delay or failure to
perform as required by this Agreement as a result of any causes or
conditions that are beyond the party’s reasonable control and that such
party is unable to overcome through the exercise of commercially reasonable
diligence, including but not limited to acts of God; wars, riots, acts of
civil or military authority, terrorism; fire, flood, earthquakes,
hurricanes, tropical storms or other natural disasters; strikes, etc. 31) The terms and
conditions of this Agreement are subject to change by Pornstardollars.com at
any time in its sole discretion. You
shall be provided reasonable notice of any such changes by e-mail to your
address on our records or by posting the changes on the site and such shall
be 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 Pornstardollars’s posting of a change notice or new
agreement on the site, will constitute binding acceptance of the change and
shall constitute confirmation of Webmaster’s acknowledgement and assent to
any such modifications. You affirm
that you have read this Agreement and understand, agree and consent to its
Terms and Conditions. 32) Nothing in this Agreement shall be construed so as to create a
relationship of partners, any partnership, joint venture, agency franchise,
sales representative, or employment relationship between the parties. Affiliate will have
no authority to make or accept any offers or representations on behalf of
Pornstardollars.com. Affiliate will not make any statement, whether on their
website or otherwise, that would reasonably contradict anything in this
Section. Affiliate is not an agent of the Pornstardollars.com and
Pornstardollars.com expressly disclaims responsibility for any conduct by
affiliate in violation of our terms of agreement. 33)
Pornstardollars 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 Pornstardollars.com have been advised of the possibility of
such damages. Furthermore, Pornstardollars’s
aggregate liability arising with respect to this Agreement and the Affiliate
Program will not exceed the total commissions paid or payable to the
affiliate under this Agreement. 34) Affiliate hereby represents and warrants to Pornstardollars.com that
this Agreement has been duly and validly executed and delivered by the
affiliate and constitutes said affiliate’s legal, valid and binding
obligation, enforceable against affiliate in accordance with its terms; and
that the execution, delivery and performance by the affiliate of this
Agreement are within their legal capacity and power; have been duly authorized by all requisite
action on their 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
affiliate are subject or which is binding upon affiliate, or (ii) the terms
of any other agreement, document or instrument applicable to affiliate or
binding upon the affiliate. Should any law enforcement agency or internet
service provider provide Pornstardollars.com with notice that the affiliate
has 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, Pornstardollars.com reserves the right to
cooperate in any investigation relating to affiliates activities including
disclosure of affiliates r account information in connection therewith. 35) The Affiliate may not
assign this Agreement including the rights and obligations to any third
party without the prior express written approval of Pornstardollars.com. 36) If any term, clause or
provision of the agreement is held invalid or unenforceable by a court of
competent jurisdiction, such invalidity shall not affect the validity or
operation of any term, clause or provision and such invalid term, clause or
provision shall be deemed to be severed from this Agreement. 37) Affiliate hereby agrees to indemnify, defend and hold harmless
Pornstardollars.com, 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 Pornstardollars
(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 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 the affiliate herein; or (iii) or any
whatsoever claim related to affiliate site. 38) This Agreement shall
be governed by and construed in accordance with the laws of the United
States Of America, without regard to conflicts of law principles. The sole
and exclusive jurisdiction and venue for any action or proceeding arising
out of or related to this Agreement shall be in an appropriate state or
federal court located in the United States Of America. You hereby submit to
the jurisdiction and venue of said Courts. You consent to service of process
in any legal proceeding. 39) This Agreement shall be binding; the failure of Pornstardollars.com to
enforce the strict performance of the terms of any provision of this
Agreement shall not be deemed a waiver of the right of Pornstardollars.com to
subsequently strictly enforce any provision of this Agreement. This
Agreement constitutes the entire agreement between the affiliate and
Pornstardollars.com. If for any reason a court of competent jurisdiction
finds that any provision of this Agreement, or portion thereof, to
unenforceable, in whole or in part, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of this Agreement and
the remainder of this Agreement shall continue in full force and effect. 40) By signing up to the affiliate program, and by supplying Pornstardollars.com
with all the required information to sign up as a Webmaster, the affiliate
is acknowledging that they have read and agreed to all of the terms and
conditions, promises, warranties, duties and obligations set forth in the
above agreement and agree to be bound by the terms thereof.
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