Please,
read carefully through Terms and Conditions.
Your
account must generate a minimum of $50 in order for a check to be
issued. If your amount is less it is carried over each week until
you have accumulated $50 or more.
A pay
period covers 7 days. Payments are issued weekly and checks are
mailed directly to you by Paycom.
Sites
containing: Bestiality, Rape, Child Pornography or any acts of violence
will be terminated immediately and reported to the appropriate authorities.
Before
you can become a participant in the Cashprogram signup referral
program ("Program") you must first read and agree to all
of the following terms and conditions. Please read the following
CAREFULLY. This is a legal agreement ("Agreement") between
Cashprogram. ("we," or "us") and You, the independent
Webmaster.
The
following offer to You to participate in the Program is subject
to all the terms, conditions, limitations and waivers below. You
acknowledge and agree that by participating in Program You will
be bound by all the terms and conditions in this Agreement.
1.
Rights Granted To You By Us. Subject to the terms and conditions
set forth in this Agreement by Us, We grant to You, the following:
1.1
The non-exclusive right to direct, refer or send visitors or user
traffic from Your Website to websites owned, operated or controlled
by Cashprogram.
1.2
A limited nonexclusive, nontransferable and revocable license
to access and download promotional banners for use on Your Website
for the exclusive purpose of advertising, marketing or promoting
the participating Cashprogram Websites; however, the license herein
granted shall automatically and immediately cease upon the termination
of this Agreement.
2.
Your Warranties To Us. In consideration of Cashprogram providing
You with Program benefits, You agree and warrant as follows:
2.1
That You will not use any form of mass unsolicited electronic
mail solicitations as a means of promoting or for the purpose
of directing or referring users to any participating Cashprogram
Websites.
2.2
That You will prominently post an "ADULTS ONLY" Warning
Notice on Your Site stating that Your site is only suitable for
Adults and that minors are not permitted.
2.3 That You will not, directly or indirectly, link any of the
following content or material to any participating Cashprogram
Website through any hyperlinks maintained or created on Your Website,
and that You further acknowledge that any violation of these following
provisions will rest in ALL of Your accounts being terminated
without pay:
(i) Any material not fully in compliance with 18 U.S.C. Sec.
2257 et seq.;
(ii) Any material which constitutes child pornography or matter
which involves depictions of nudity or sexuality by an age inappropriate-looking
performer (i.e. someone who looks younger than 18 years of age),
or by a performer who is portrayed or made to appear to be a
person under the age of 18 years of age by virtue of the script,
make-up, demeanor, costuming, setting, etc;
(iii) Any material which is threatening, abusive, hateful, defamatory,
libelous, slanderous, scandalous or injurious to the reputation
of any person or entity;
(iv) Any material which constitutes 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.
2.4
That You will not engage in any of the following activities and
you acknowledge that any violation of these provisions will rest
in ALL of your accounts being terminated without pay:
(i)
Promote or contain content of: Warez, Passwords, MP3, Bestiality,
Rape, Child Pornography or any acts of violence.
(ii) Attempt to mislead or defraud us in any way.
(iii) Hits or signups generated as a requirement to enter or
obtain access to goods or services on your (or someone else's)
web site.
(iv) Any sort of mechanism or effort that falsely generates
hits or signups, including signups by the webmaster. If you
wish to perform a test signup you must first E-mail.
2.5
That you must serve any Cashprogram banners only from your own
server, if you violate this provision Your account will be terminated
and you will not be entitled to any future payments.
2.6
That if Your participation in the Program is terminated for any
reason, You cease to participate in the Program for more than
five (5) days, You cease to be a Program Participant in good standing,
You change Your Website's URL or You cease to offer services on
the Internet, You shall immediately and permanently cease all
use of all materials provided to You by Us through the Program
and that you will remove all files containing materials provided
to You pursuant to the Program from Your Website.
2.7
Reseller websites are reviewed prior to payment for each pay period.
Reseller accounts with websites featuring only text and banner
advertisements (thus offering nothing more to the surfer than
just advertisement links) will not be accepted.
2.8
That You are a person over the age of eighteen (18) years in states
where 18 is the age of majority, or 21 in states where 21 is the
age of majority, and that you are competent to enter into this
Agreement.
2.9
That You are the person who owns or is otherwise is entitled to
contract on behalf of the entity which owns the rights to the
Your Website.
2.10 That you will supply Cashprogram, or its authorized agent,
with a Federal Tax ID or Social Security Number when requested.
2.11
That upon termination of this Agreement you will immediately cease
using Cashprogram marks and remove any materials supplied to you
by Cashprogram or referring to Cashprogram, including without
limitation any banner ads, from Your Website.
2.12
That as an affiliate and participant in the Cashprogram program,
You agree to abide by all of the additional provisions and prohibitions
set forth in this paragraph and its subparts relating to "spamming
activities" and the transmission of emails containing sexually
oriented content.
2.12.1
All affiliates, including You, are required to inform themselves
of the provisions of the federal CAN-SPAM Act of 2003 (also
known as the "Controlling the Assault of Non-Solicited
Pornography and Marketing Act of 2003) and must, as a condition
of participation in this program, abide by all of the provisions
of that Act. Any violation of the CAN-SPAM act by an affiliate
constitutes a material breach of this Agreement and will subject
that affiliate to immediate termination from the program.
2.12.2 The exact phrase "SEXUALLY-EXPLICIT:" must
be contained in capital letters as the first 19 characters at
the beginning of the subject line. This phrase in the subject
line must be in ASCII format.
2.12.3
The "Brown Paper Wrapper" section refers to the opening
portion of the e-mail that is "immediately visible"
to the recipient, without scrolling down or taking any other
affirmative steps to view the message. NO SEXUALLY EXPLICIT
IMAGES OR LANGUAGE MAY APPEAR IN THIS "BROWN PAPER BAG"
AREA (the "immediately visible area") OF THE EMAIL.
However, sexually explicit material can be displayed beneath
the "brown paper wrapper" area of the email message,
that is any area which requires the viewer to take an affirmative
step to view the material, such as scrolling down or accessing
the material by clicking on a link.
2.12.4
The email subject line must not contain text with written descriptions
of Sexually Explicit Conduct. Also the "brown paper wrapper"
area of the email message must not contain materials with Sexually
Explicit Conduct. "Sexually Explicit Conduct" in the
context of the CAN SPAM acts means actual or simulated sexual
intercourse [including genital-genital, oral-genital, anal-genital,
or oral-anal, whether heterosexual or homosexual]; bestiality;
masturbation; sadistic or masochistic abuse; or lascivious exhibition
of the genitals or pubic area of a human being.
2.12.5
The exact phrase "SEXUALLY-EXPLICIT:" must appear
in a "Clear and Conspicuous manner" within this "brown
paper bag" section. To comply, this exact phrase should
be set forth in capital letters as the first 19 characters in
the "brown paper wrapper" area of the email message.Within
this area there also must be a "clear and conspicuous"
notice that the message itself is an advertisement or solicitation.
2.12.6
There must be a "clear and conspicuous" notice of
the opportunity to decline to receive further commercial email
from the sender.
2.12.7
There must be a "clear and conspicuous" functioning
return electronic mail address or other Internet-based mechanism
that the recipient of the message can use to reply to the sender
to inform the sender that the sender should not send any future
commercial electronic mails messages to the recipient at the
recipient's email address. The sender's return email address
must be capable for receiving replay messages from the recipient
for no less than 30 days after the transmission of the original
message.
2.12.8 There must be a "clear and conspicuous" display
of a valid postal address in the "brown paper wrapper"
area of the email message. You must include the following:
This offer was sent on behalf of:
"NAME
OF SENDER"
"VALID POSTAL ADDRESS OF SENDER"
2.12.9 Any needed instruction on how to access, or activate
a mechanism to access the sexually oriented material should
be preceded by a "clear and conspicuous" statement
that to avoid viewing the sexually oriented material, a recipient
should delete the email message without following such instruction.
2.12.10 Without limiting the generality of the previous paragraph,
any of the following prohibited acts or practices shall constitute
a material violation of these terms and conditions will result
in ALL of Your accounts being terminated without pay and a forfeiture
of any of Your accrued benefits prior to the termination.
2.12.11 If an affiliate initiates a commercial electronic mail
message or a transactional or relationship message (as those
terms are specifically defined in the CAN-SPAM Act) (hereafter
collectively referred to as CEMMs) that contains or is accompanied
by header information that is materially false or materially
misleading. For the purposes of this paragraph.
(A) The header information of CEMMs that is technically accurate
but that includes an originating electronic mail address,
domain name, or Internet Protocol address that was obtained
by means of false or fraudulent pretenses or representations
shall be considered materially misleading.
(B) A "from line that accurately describes any person
who initiated the CEMM shall not be considered materially
false or materially misleading.
(C) Header information shall be considered materially misleading
if it fails identify accurately the computer used to initiate
the CEMM because the person initiating the messages knowingly
uses another computer to relay or retransmit the message for
purposes of disguising its origin.
2.12.12
If an affiliate initiates the transmission of a CEMM with actual
knowledge, or knowledge fairly implied on the basis of objective
circumstances, that a subject heading of the message would be
likely to mislead a recipient about a material fact regarding
the subject matter of the message.
2.12.13
If an affiliate initiates the transmission of a CEMM that does
not contain a functioning return electronic mail address or
other Internet-based mechanism, clearly and conspicuously displayed
that-
(A)
A recipient of the CEMM may use to submit, in a manner specified
in the message, a reply electronic mail message or other form
of Internet-based communication requesting not to receive
future commercial electronic mail messages from that sender
at the electronic mail address where the message was received;
and
(B) Remain capable of receiving such reply requests or messages
from the recipient for at least 30 days after the date of
the transmission of the original CEMM.
2.12.14
If an affiliate initiates the transmission of a CEMM to a recipient,
more than 10 business days after the receipt of a request from
that recipient to stop sending such messages. However, this
prohibition does not apply if there is affirmative consent by
the recipient subsequent to the recipient's request not to receive
such messages.
2.12.15
If any person acting on behalf of the affiliate initiates the
transmission of a CEMM to a recipient, more than 10 business
days after the receipt of a request from that recipient to stop
sending such messages. However, this prohibition does not apply
if there is affirmative consent by the recipient subsequent
to the recipient's request not to receive such messages.
2.12.16
If any person acting on behalf of the affiliate assists in initiating
the transmission of a CEMM, through the provision or selecting
of addresses of recipient to which the message will be sent,
to a recipient who has requested not to receive any such messages.
However, this prohibition does not apply if there is affirmative
consent by the recipient subsequent to the recipient's request
not to receive such messages.
2.12.17
If an affiliate, knowing that a recipient has made a request
to stop receiving messages, sells, lease, exchanges or otherwise
transfers or releases the electronic mail address of the recipient,
either directly or indirectly, for any purpose other than compliance
with a provision of law. However, this prohibition does not
apply if there is affirmative consent by the recipient subsequent
to the recipient's request not to receive such messages.
2.12.18
For an affiliate to initiate the transmission of a CEMM unless
the message provides the following:
(A)
Clear and conspicuous identification that the message is an
advertisement or solicitation.
(B) Clear and conspicuous notice of the opportunity through
a mechanism for a replay electronic mail message, specified
in the CEMM, for the recipient to decline to receive further
messages from the sender.
(C) A valid physical postal address of the sender.
2.12.19
If an affiliate accesses another person's computer without authorization
and intentionally initiates the transmission of multiple CEMMs
from or through such computer.
2.12.20
If an affiliate accesses another person's computer to relay
or retransmit multiple CEMMs with the intent to deceive or mislead
recipients, or any Internet access service, as to the origin
of the messages.
2.12.21
If an affiliate materially falsifies header information in multiple
CEMMs and intentionally initiates the transmission of such messages.
2.12.22
If an affiliate registers for an email account, user account
or domain name, using information that materially falsifies
the identity of the actual registrant, and intentionally initiates
the transmission of CEMMS from such accounts or domain names.
2.12.23
If an affiliate falsely represents himself to be the registrant,
or the legitimate successor in interest of the registrant of
an Internet Protocol address, and intentionally initiates the
transmission of multiple CEMMs from such address.
2.12.24
If an affiliate initiates the transmission of a CEMM that includes
sexually oriented material (i.e., any material that depicts
sexually explicit conduct as defined in section 2256 of title
18, United States Code) to any recipient who has not given prior
affirmative consent to the receipt of the message, and
(A)
Fails to include in the subject heading of the message the
marks or notices prescribed by the Federal Trade Commission
for such messages; or
(B) Fails to provide that the content of the CEMM that is
initially viewable to the recipient when the message is opened,
includes only
(i)
the marks or notices prescribed by the Federal Trade Commission
for such messages.
(ii) the mechanism and information necessary to provide the
recipient with the opportunity to decline to receive any further
such messages from the sender.
(iii) the valid physical postal address of the sender.
3.
Limitations Of Your Participation In The Program. You acknowledge
and agree that the Program, Your participation in the Program and
Program Benefits are subject to the following limitations:
3.1
Cashprogram, in its sole and exclusive discretion, shall have
the absolute right at any time without prior notice or cause to
change, modify or terminate the Program.
3.2 Cashprogram, in its sole and exclusive discretion, shall have
the absolute right to terminate Your's and any other person's
participation in the Program at any time and may do so without
prior notice or cause.
3.3 All Program Benefits materials, including, without limitation,
all advertising banners, photographic materials, recordings, video,
sound, and any other form of intellectual property provided to
You by Cashprogram as part of this Program shall remain the property
of Cashprogram and may not be copied or reproduced, altered, modified
or changed, broadcast, distributed, transmitted or disseminated,
sold or offered for sale in any manner, at any time anywhere in
the World except as expressly authorized by Cashprogram in writing.
4.
Affiliate Program Benefits. . Cashprogram agrees to pay a commission
or referral fee for all the "signups" that you refer to
a Participating Cashprogram Website based on a rate of up to 50%
per valid signup.
4.1
A "referral" of "signup" from Your Website
which will entitle You to a "commission or referral fee"
shall be defined as follows:
(i)
A person who has been directed to one or more of the following
Cashprogram, directly by CLICKING a hypertext transfer link
residing on Your Website which is in the form of a "banner
ad" or "text link" which automatically connects
any person who clicks on said "banner ad" to a Cashprogram
Website, and which "banner ad" has been supplied to
You by Cashprogram as part of the Program.
4.2
You acknowledge and agree that You shall not be entitled to a
commission or referral fee for any "signup" you have
sent or referred to a participating Cashprogram Website in violation
of the terms of this Agreement, or for any click-through traffic
that does not fall within the terms of paragraphs 4.1 (i).
4.3
All commissions and fees due and payable hereunder shall be payable
in United States Dollars and shall survive termination of this
Agreement.
4.4.
Cashprogram will send out weekly payments and checks are mailed
directly to you by Paycom.
4.5
In determining commissions and referral fees due and payable to
webmaster participants in the Cashprogram Program, Cashprogram
files and records will prevail in determining amount of "signups"
that You have referred to a participating Cashprogram site during
any accounting period.
4.6
We monitor the profitability of all accounts. If an account is
found to be grossly unprofitable we retain the right to withhold
payment or close the account.
4.7
If an account's activity is found to be fraudulent/suspicious
by Cashprogram or the Fraud Control department of its 3rd party
billing companies (Epoch, CCBill, IBill) we reserve the right
to withhold payment.
4.8
Under the strict new Visa & Mastercard regulations, all accounts
will be closely monitored for excessive chargebacks. Accounts
with excessive chargebacks will be asked to leave Cashprogram.
5.
No Joint Or Collaborative Venture; No Monitoring Or Control Of Your
Content By Us. Nothing in this Agreement is intended by Us or You
to create or constitute a joint or collaborative venture or partnership
of any kind between You and Us, nor shall anything in this Agreement
be construed as constituting or creating any agency, employment
relationship, joint or collaborative venture or partnership between
You and Cashprogram, its employees, agents or assigns. We shall
have no control nor ownership interests of any kind in Your business.
You shall have no financial or other interest in Cashprogram or
any property owned by Cashprogram, its affiliates, agents, successors
or assigns.
6.
No Guarantees Or Warranties Of Any Kind. YOU ACKNOWLEDGE AND AGREE
THAT Cashprogram MAKES NO GUARANTEE OR WARRANTIES OF ANY KIND WITH
RESPECT TO THE PROGRAM OR THE MATERIALS PROVIDED BY, THROUGH OR
IN ASSOCIATION WITH THE PROGRAM, AND ALL MATERIALS ARE PROVIDED
TO YOU "AS IS", AND THAT USE OF PROGRAM AND ASSOCIATED
MATERIALS, INCLUDING WITHOUT LIMITATION, ALL BANNER ADDS AND LINKS,
IS SOLELY AT YOUR OWN RISK. Cashprogram DISCLAIMS ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, EXPRESS
OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH REGARD TO THE PROGRAM AND ANY AND ALL MATERIALS OF
EVERY KIND SUPPLIED TO YOU AS PART OF THIS PROGRAM.
7.
Cashprogram Limited Liability and Liquidated Damages. You acknowledge
and agree that under no circumstances shall Cashprogram, its employees,
independent contractors, authors, agents, representatives, assigns
and successors be liable to You, or any other person or entity,
for any direct or indirect losses, injuries or incidental or consequential
damages of any kind (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY
OTHER PECUNIARY LOSS) with regard to any link to any Cashprogram
Website, or arising from or in connection with the use of the Program
materials, or due to any mistakes, omissions, delays, errors, interruptions
in the transmission, or receipt of Cashprogram' services, content
or Program materials. Notwithstanding the foregoing express limitations
of liability, you acknowledge and agree that should Cashprogram,
its officers, employees, successors, or assigns be held liable to
You for damages, injuries or losses of any kind, directly or indirectly
resulting from Your participation in the Program, that the total
dollar amount of liquidated damages for any and all of Your claims,
injuries, damages or losses shall not exceed a total of ten dollars
($10.00).
8.
No Representations Of Success Or Profitability. You hereby confirm
and acknowledge that You have unilaterally decided to enter an Internet
service business and acknowledge that it is a high risk business.
You further confirm, acknowledge and expressly agree that neither
Cashprogram, any agent or representative of Cashprogram, nor any
other person has at any time in the past, represented to You or
has otherwise directly or indirectly communicated in any manner
to You any guarantee, reassurance or any other communication of
any kind regarding:
(a)
the potential profitability or likelihood of success of Your
participation in the Program as set forth in this Agreement
or otherwise
(b) the possibility or likelihood that use of any products and/or
services provided by Cashprogram pursuant to this Agreement
can or will result in the recoupment of any funds expended by
You for the promotion of Your Website or any other purpose;
or
(c) the existence, nonexistence, size or any other characteristics
of any market for any products or services which involve Your
participation in the Program pursuant to this Agreement.
8.1 You expressly acknowledge and agree that the success any of
its business endeavors which involve Your participation in the
Program pursuant to this Agreement, like any other business endeavor,
is subject to numerous factors, such as the effectiveness of advertising
and promotion, Your administrative capabilities, etc., and that
the ultimate success or failure of Your business rests with You
and not Cashprogram. You further expressly agree not to raise
any claim of any kind against Cashprogram and You agree to hold
Cashprogram harmless from any claim of loss to You directly or
indirectly resulting from Your decision to participate in the
Program pursuant to this Agreement.
9.
Term And Termination Of Agreement. You acknowledge and agree that
the term of this Agreement is at will, and this Agreement and/or
the Program may be terminated by Cashprogram, in its sole and exclusive
discretion, at any time, without any advance notice and for whatever
reason, or no reason at all.
9.1
In the event that this Agreement or the Program is terminated
by Cashprogram, You shall be entitled to all unpaid commissions
or referral fees earned by You prior to the date and hour of termination.
However, You shall not be entitled to receive any commissions
or referral fees for any "referrals" delivered or received
by Cashprogram after the date and time of termination of the Program.
10.
No Monitoring Or Supervision Provided By Us. You acknowledge and
agree that since Cashprogram has no control supervision of your
website that you shall be solely and exclusively responsible and
liable for any failure to prevent the access and viewing of the
content of your website by minors.
11.
Arbitration; Choice of Law. Any and all disputes as to the interpretation
of or any performance under this Agreement which are not first resolved
informally, shall be determined by binding arbitration in the city
of Los Angeles, California in accordance with the rules of the American
Arbitration Association. The final award in any such arbitration
proceeding shall be subject to entry as a judgment by any court
of competent jurisdiction, provided that such judgment does not
conflict with the terms and provisions hereof. The jurisdiction
of the arbiter (or arbiters) with respect to legal matters shall
be limited only by the statutory and common law of the State of
California and the United States.
11.1
This Agreement is executed in California and all its provisions
shall be governed by and construed according to the laws and judicial
decisions of the State of California and the United States when
applicable.
12.
Acceptance And Execution Of This Agreement. By CLICKING ON THE "Signup"
BUTTON on the signup form, and by supplying Cashprogram with all
the required information to sign You up to the PROGRAM, You are
acknowledging that You agree to all of the terms, conditions, promises,
warranties, duties and obligations set forth in the above Agreement.