995Pays.com Affiliate Program
The following is an offer to You, the Webmaster, to
participate in the 995Pays.com Affiliate Program. You
shall be subject to all the terms, conditions, limitations,
and waivers as provided herein. You hereby acknowledge and
agree that by participating in the 995Pays.com Affiliate
Program, You will be bound by all the terms and
conditions in this Agreement.
1) The 995Pays.com Affiliate Program.
Subject to the terms and conditions set forth in this
Agreement by 995Pays.com, we grant
to You, the Webmaster, the following:
a) The nonexclusive right to direct, refer, or send
visitors or users of Your Website to any and all websites
owned, operated, or controlled by 995Pays.com.
b) A limited nonexclusive, nontransferable, and revocable
license to access and download promotional banners and other
promotional materials created by 995Pays.com for
use on Your Website, for the exclusive purpose of
advertising, marketing or promoting websites owned,
controlled and/or operated by You, as Webmaster. However,
this license shall automatically and immediately cease upon
the termination of this Agreement.
2) Guarantee by You, the Webmaster, To
995Pays.com.
In consideration for 995Pays.com providing You
with 995Pays.com Affiliate Program benefits, You, as
Webmaster, agree and guarantee the following:
a) Effective June 12, 2005, we will no longer provide or allow the usage of downloadable content that is construed as "Sexually Explicit". Use of any
995Pays.com sexually explicit content for the promotion of
995Pays.com sites will be prohibited. Affiliates need to replace any hardcore
995Pays.com promotions with softcore content no later than
June 21, 2005.
Safe methods of sending traffic are text links, thumb links made from non-explicit pics, banners made from non-explicit pics, and the best method is to use our Free Hosted Galleries. If you are submitting galleries and can send a nice amount of sales,
995 Pays.com will buy and host a domain for you. Contact us for any questions that you have or
concerns.
If you are a non-US affiliate, you can promote the sites as before, follow the laws
of your own country.
b) That You, the Webmaster, will at no time while
participating in the 995Pays.com Affiliate Program,
or while using any materials provided to You by 995Pays.com,
directly or indirectly display or include on Your Website,
any banners or advertising links of any kind which promote
any 995Pays.com sites, other than those banners or
ad links which have been pre-approved by 995Pays.com
in compliance with this Agreement, and those banners or ad
links that advertise 995Pays.com or other sites,
companies, products or other wide area network addresses,
which 995Pays.com may designate.
c) That You, the Webmaster, will NOT use any form of
mass, unsolicited electronic mail solicitations, news group
postings, IRC postings, or any other form of
"spamming" as a means of promoting Your Website,
or for the purpose of directing or referring users to any
websites owned, operated or controlled by You. You further
acknowledge and agree that 995Pays.com has the
right to immediately, and without notice, terminate your
participation in the 995Pays.com Affiliate Program if
995Pays.com, in our sole and exclusive discretion,
concludes that you have engaged in the use of any form of
mass, unsolicited electronic mail solicitations, news group
postings, password selling or trading, IRC posting or any
other form of "spamming".
d) That You, the Webmaster, will not copy, reproduce,
alter, modify, change, broadcast, distribute, transmit, or
disseminate any banners or other promotional or advertising
materials provided to You, as Webmaster, by 995Pays.com
pursuant to this Agreement and the 995Pays.com Affiliate
Program, in whole or in part, in any manner, at any
time anywhere in the World except as authorized by 995Pays.com
in writing.
e) That You, the Webmaster, will not, directly or
indirectly, link any of the following content or material to
any 995Pays.com website through any hyperlinks
maintained or created on Your Website:
- Obscene material, including without limitation any
material depicting bestiality, rape or torture.
- Any material which is displayed or transmitted in a way
as to constitute harmful matter or indecent communications
to minors;
- Any material in which persons under the age of eighteen
are depicted in actual, simulated or suggestive sexual
situations;
- Any material not fully in compliance with 18
U.S.C. Sec. 2257 et seq.; see 2a above
- Any material which constitutes child pornography or any
matter which involves depictions of nudity or sexuality by a
performer who does not appear to be of the appropriate age
(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 eighteen (18) years of age by virtue of the
script, make-up, demeanor, costuming, setting, etc, of such
material;
- Any material which is threatening, abusive, hateful,
defamatory, libelous, slanderous, scandalous or injurious to
the reputation of any person or entity;
- 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 any other rights; or
- Any program, file, data stream, or other material which
contains viruses, worms, "Trojan Horses," or any
other destructive feature, regardless of whether or not
damage is intended, which may cause damage to any computer
equipment, loss or corruption of data or programs, or
inconvenience to any person.
f) That all materials of every kind, including, but not
limited to, photographic, video- graphic, audio and textual
materials used in direct or indirect association with
materials provided through the 995Pays.com Affiliate
Program, shall only be transmitted, broadcasted and
otherwise distributed by You, as Webmaster, to willing
adults and shall at all times comply with contemporary
community standards in the communities into which they are
so distributed.
g) That You, the Webmaster, shall remain a participant of
the 995Pays.com Affiliate Program unless You your
terminate participation in the program by notifying us of 995Pays.com
by E-mail , of Your intent to terminate; or Your
participation in the 995Pays.com Affiliate Program is
terminated by 995Pays.com for any reason; or the 995Pays.com
Affiliate Program itself is terminated for any reason.
h) That You, the Webmaster, will remain a
995Pays.com
Affiliate Program participant in good standing at all
times in which You are receiving benefits or are otherwise
participating in the 995Pays.com Affiliate Program.
i) That You, the Webmaster, shall cease to be a
995Pays.com
Affiliate Program participant in good standing and shall
be subject to immediate termination of all Benefits without
prior notice if You fail to perform under, or breach, any
part of this Agreement.
j) That if Your participation in the
995Pays.com
Affiliate Program is terminated for any reason, You
cease to be a 995Pays.com Affiliate 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 any and all
materials provided to You by 995Pays.com through
the 995Pays.com Affiliate Program and you shall
remove all files containing materials provided to You
pursuant to the 995Pays.com Affiliate Program
from your website.
k) That You, the Webmaster, are a person over the age of
eighteen (18) years.
l) That You, the Webmaster, are the person who owns, or
is otherwise entitled, to contract on behalf of the entity
which owns the rights to the Your Website.
m) That You, the Webmaster, will supply
995Pays.com
with a Federal Tax ID or Social Security Number when
requested. Failure to supply this information will
constitute a basis for termination of this Agreement and for
forfeiture of any commissions and/or fees to which you would
otherwise be entitled under this Agreement.
n) That upon termination of this Agreement You, the
Webmaster, will immediately cease using 995Pays.com
marks and remove any materials supplied to you or which
refer to 995Pays.com, including, but not limited
to, any banner ads, from Your Website.
o) That all of Your warranties, indemnities and
obligations, as Webmaster, which by their nature are
designed to survive termination, shall extend beyond the
termination of this Agreement.
3)
Limitations on Webmasters in Connection with
Participation In The 995Pays.com Affiliate Program.
You, the Webmaster, acknowledge and agree that Your
participation in, and benefits from, the 995Pays.com
Affiliate Program are subject to the following
limitations:
a) Only persons over the age of eighteen (18) years may
participate in the 995Pays.com Affiliate Program.
b)
995Pays.com shall at all times have the
right, in its sole and exclusive discretion, to terminate
the 995Pays.com Affiliate Program and any and all
benefits relating to Your participation in the 995Pays.com
Affiliate Program at any time, and may do so with or
without prior notice or cause.
c)
995Pays.com, in its sole and exclusive
discretion, shall have the right at any time to change or
modify the 995Pays.com Affiliate Program, including,
but not limited to, the right to pay Participants in the 995Pays.com
Affiliate Program based on "click throughs"
rather than a flat commission or fee for a referral, as
defined in paragraph 4(a). If at any time 995Pays.com
changes the 995Pays.com Affiliate Program, You shall
have the right to withdraw and terminate Your participation
in the 995Pays.com Affiliate Program.
d)
995Pays.com has the right to terminate Your
participation and any other person's participation in the 995Pays.com
Affiliate Program at any time, and may do so with or
without prior notice or cause.
e)
995Pays.com Affiliate Program Benefits are not
transferable by You and may only be used by You in
association with Your Website, while You are participating
in the 995Pays.com Affiliate Program and remain a
Participant in good standing.
f) All of
995Pays.com Affiliate Program materials,
including, but not limited to, all advertising banners,
photographic materials, recordings, video, sound, and any
other form of intellectual property provided to You as part
of this 995Pays.com Affiliate Program, shall remain
the property of 995Pays.com and may not be copied,
reproduced, altered, modified, changed, broadcast,
transmitted, distributed, sold, or offered for sale in any
manner, at any time anywhere in the World except as
expressly authorized by 995Pays.com in writing.
g) The
995Pays.com Affiliate Program is a service
mark or trademark of 995Pays.com. All rights are
reserved. Nothing herein shall be understood as a grant or
assignment of any rights in any intellectual property owned,
including, but not limited to, any of its trademarks or
service marks.
h)
995Pays.com does not accept responsibility
for traffic loss due to server complications.
4)
995Pays.com Affiliate Program Benefits.
For each person who becomes a subscriber to a
web site
owned, controlled, or operated by 995Pays.com, and
who has been tracked and verified as a "referral"
from Your web site to a 995Pays.com web site, you
will receive a "referral fee" according to the
following terms and conditions:
a) A "referral" from Your Website, which
entitles You to a "referral fee," shall be defined
as follows:
- Any person who has been directed to an authorized
website owned, controlled, or operated by 995Pays.com
through the use of a hypertext transfer link residing on
Your Website, which is in the form of a banner ad or other
promotional link that automatically connects any person who
clicks on said banner ad or other promotional link to an 995Pays.com
website. Furthermore, said banner ads and/ or other
promotional links used, must have been supplied to You as
part of the 995Pays.com Affiliate Program; and
- Any person, who after having been directed to an
authorized 995Pays.com website through the use of
the hyperlink banner ad or other promotional link supplied
to You and residing on Your Website, has been converted into
a subscriber of 995Pays.com;
- A person shall not be deemed a "referral" that
entitles You to a commission or "referral fee" if
that person leaves the 995Pays.com site after
having been directed there through said hyperlink, banner
ad, or other promotional link on Your Website, without
becoming an 995Pays.com subscriber, even if at some
later time that same person returns to the 995Pays.com
web site, not through said banner ad or other promotional
link on Your Website, and at that later time then becomes a
subscriber to the 995Pays.com site.
b) You, the Webmaster, acknowledge and agree that You
shall not be entitled to a commission or referral fee for
any 995Pays.com subscriber who you sent or referred
to a 995Pays.com website in violation of the terms
of this Agreement.
c) You, the Webmaster, also acknowledge and agree that
You shall not be entitled to a commission or referral fee
from 995Pays.com for any subscription, which 995Pays.com,
in its sole and exclusive discretion determines, is the
result of possible fraudulent activity. You further
acknowledge and agree that 995Pays.com shall have
the right, in its sole and exclusive discretion, and at any
time, to expand or modify what it determines to constitute
possible fraudulent activity. Without limiting the
foregoing, possible fraudulent activity shall include, but
not be limited to, the following circumstances or
activities:
- Where the subscriber has used, or attempts to use, a
credit card number which is in a negative data base;
- Where there are multiple subscriptions from a single IP
address within a short period of time;
- Where there are sequential or multiple subscriptions under
different names or variations of the same name, using the
same credit card number, or sequential names or patterns of
names, using different credit card numbers;
- Where there is a pattern of "bursting
subscriptions" characterized by numerous subscriptions
from a website in a relatively short time span (the
"bursting period"), where there has been a history
of few subscriptions from that website before, or after the
bursting period.
- Where there has been an attempt to put through a credit
card with a bin number that is listed in a negative bin
number database;
- 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.
d) You, the Webmaster, acknowledge and agree that
995Pays.com shall have the right to deny or withhold payment from
You and terminate You and Your Website from the 995Pays.com
Affiliate Program if there has been an abnormal number
of charge backs or cancellations of memberships or
subscriptions, which have been referred to 995Pays.com
through Your Website. You further acknowledge and agree that
995Pays.com shall have the right, in its sole and
exclusive discretion, to determine what constitutes an
abnormal number of charge backs or cancellations of
memberships or subscriptions.
e) All commissions and referral fees due and payable
hereunder shall be payable in United States currency and
shall survive termination of this Agreement.
f)
995Pays.com reserves the right, in its sole
and exclusive discretion, and at any time, to alter or
modify the 995Pays.com Affiliate Program including
the method and terms of all payment benefits to
Participants. Upon notice of any change in benefits under
the 995Pays.com Affiliate Program, You shall have the
right to withdraw or terminate Your participation in the 995Pays.com
Affiliate Program.
5) No Joint Or Collaborative Venture; No Monitoring Or
Control Of Your Content By 995Pays.com.
Nothing in this Agreement is intended by
995Pays.com or You, as the Webmaster of Your Website, to create or
constitute a joint or collaborative venture or Affiliate of
any kind between You, and/or Your Website, and 995Pays.com,
nor shall anything in this Agreement be construed as
constituting or creating any agency, employment
relationship, joint or collaborative venture or Affiliate
between You, and/or Your Website, and 995Pays.com,
its employees, agents, successors, or assigns.
a) You, the Webmaster, acknowledge and agree that
995Pays.com shall have no control or ownership interests of any kind in
Your business or Your Website.
>b) You, the Webmaster, acknowledge and agree that neither
You nor Your Website shall have any financial or other
interest in 995Pays.com or any property owned by,
its affiliates, agents, successors, or assigns.
c) You, the Webmaster, acknowledge and agree that Your
relationship with 995Pays.com shall be restricted
to matters pertaining to the 995Pays.com Affiliate
Program exclusively, and shall be governed entirely by
the terms and conditions of this Agreement.
d) You, the Webmaster, acknowledge and agree that
995Pays.com has no direct or indirect control over the content of
performances or services, the manner of performances or
services, or the time or duration of provision of
performances or services by You on, at, or in association
with Your Website, except as specifically set forth in this
Agreement.
e) You, the Webmaster, further acknowledge and agree that
neither 995Pays.com nor any employee, associate,
agent, assign or successor of 995Pays.com shall
exert or provide any direct or indirect control over,
monitoring of, supervision of, prior approval of, or review
of, the content appearing or otherwise distributed on, at,
or in association with Your Website, and that You shall be
solely responsible for any legal liabilities or consequences
resulting from the dissemination of that content on or
through Your Website.
6)
No Guarantees Or Warranties Of Any Kind.
You, the Webmaster, acknowledge and agree that
995Pays.com makes no guaranties or warranties of any kind with respect
to the 995Pays.com Affiliate Program or materials
provided by, through or in association with, the 995Pays.com
Affiliate Program, and all materials are provided to you
"as is", and any use of 995Pays.com Affiliate
Program and any associated materials, is solely at Your
own risk, as Webmaster for Your Website. 995Pays.com 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 995Pays.com
Affiliate Program and any and all materials of every
kind supplied to You as part of this 995Pays.com
Affiliate Program.
7)
995Pays.com Limited Liability and Liquidated
Damages.
a) You, the Webmaster, acknowledge and agree that under
no circumstances shall 995Pays.com, 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,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY
OTHER PECUNIARY LOSS) with regard to any link to any 995Pays.com
website, or arising from, or in connection with, the use
of the 995Pays.com Affiliate Program materials,
or due to any mistakes, omissions, delays, errors, or
interruptions in the transmission or receipt of 995Pays.com'
services, content or 995Pays.com Affiliate Program
materials, including, but not limited to, any losses due to
server problems or due to incorrect placement of any HTML
coding.
b) Notwithstanding the foregoing express limitations of
liability, you acknowledge and agree that should 995Pays.com, 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 995Pays.com Affiliate 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 amount of ten dollars ($10.00).
8)
No Representations Of Success Or Profitability.
a) You, the Webmaster, 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 995Pays.com, nor any agent or
representative of 995Pays.com, nor any other person
has, at any time in the past, represented to You, as
Webmaster, or otherwise directly or indirectly communicated
in any manner to You, any guarantee, reassurance or any
other communication of any kind regarding the potential
profitability or likelihood of success of Your participation
in the 995Pays.com Affiliate Program as set
forth in this Agreement or otherwise. There is no
possibility or likelihood that use of any products and/or
services provided pursuant to this Agreement can or will
result in the refunding of any funds expended by You for the
promotion of Your Website or for any other purpose. 995Pays.com
makes no representations as to the existence, nonexistence,
size or any other characteristics of any market for any
products or services which involve Your participation in the
995Pays.com Affiliate Program pursuant to this
Agreement.
b)
You, the Webmaster, expressly acknowledge and
agree that the success of any of Your business endeavors
which involve Your participation in the 995Pays.com
Affiliate 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 995Pays.com.
You further expressly agree not to raise any claim of any
kind against 995Pays.com with regard to the 995Pays.com
Affiliate Program and You agree to hold 995Pays.com
harmless from any claim of loss to You directly or
indirectly resulting from Your decision to participate in
the 995Pays.com Affiliate Program pursuant to
this Agreement.
9)
No Monitoring Or Supervision Shall Be Provided By 995Pays.com.
995Pays.com
shall not monitor, supervise, review,
or be responsible for any content appearing or otherwise
distributed on, at, or in association with Your Website
except for that content which is supplied to You, the
Webmaster, by 995Pays.com, provided that said
content has not be altered or modified by You or any other
party.
10)
Length And Termination Of Agreement.
You, the Webmaster, acknowledge and agree that this
Agreement is at will, and this Agreement and/or the 995Pays.com
Affiliate Program may be terminated, in the sole and
exclusive discretion 995Pays.com, at any time,
without any advance notice, and for whatever reason. In the
event that this Agreement or the 995Pays.com
Affiliate Program is terminated, 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 after the date
and time of termination.
11) Entire Agreement; Modification; Assignment.
This Agreement constitutes the entire agreement between
You, the Webmaster, and 995Pays.com with respect to
the subject matter hereof, and supersedes and cancels all
other prior agreements, discussion, or representations,
whether written or oral.
a) You, the Webmaster, acknowledge and agree that 995Pays.com may, from time to time and in its sole and exclusive
discretion, modify the terms and conditions and the type and
quality of benefits provided to You hereunder, at any time
upon e-mail notice to You or by a posting at a 995Pays.com
information web address location.
b) You, the Webmaster, acknowledge and agree that no
modification of this Agreement by You, Your employees,
representatives, agents, assigns or successors shall be
enforceable or have any effect unless first reduced to
writing and duly signed by an authorized representative of 995Pays.com.
c) You, the Webmaster, acknowledge and agree that no
officer, employee or representative of You, Your Website, or
995Pays.com has any authority to make any
representation or promise in connection with this Agreement
or the subject matter thereof, which is not contained
expressly in this Agreement. Furthermore, You acknowledge
and agree that You have not executed this Agreement in
reliance upon any such representation or promise.
d) You, the Webmaster, acknowledge and agree that the
failure of 995Pays.com to enforce any of the
specific provisions of this Agreement shall not preclude any
other or further enforcement of such provision's or the
exercise of any other right hereunder.
e) You, the Webmaster, acknowledge and agree that all
promises, obligations, duties and warranties made by You in
this Agreement are personal to You and that neither they,
nor any benefits hereunder, may be assigned by You to any
other person or entity.
f) You, the Webmaster, acknowledge and agree that 995Pays.com may at any time, and without prior notice to you, freely
assign all or part of its duties, obligations and benefits
hereunder.
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