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Please read the following Affiliate Webmaster Agreement (the "Agreement"). When you enroll to as a FriskyCash.com (the "Program") affiliate, you agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions carefully, as they form the agreement between you, the Webmaster, and the Program. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PROGRAM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT COMPLETE THE APPLICATION FORM TO BECOME AN AFFILIATE WEBMASTER (referred to herein as "Affiliate", "Webmaster" or "you"). BY COMPLETING THE APPLICATION FORM TO BECOME AN AFFILIATE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.
1. Frisky Cash reserves the right to terminate any account at anytime without notice.
2. You must be at least 18/21 years of age to participate in the program (depending on your local jurisdiction).
3. Frisky Cash reserves the right to cancel any account that has an unusually high number of charge backs and refunds.
4. One account only (per webmaster/company) is allowed.
5. We do not accept webmasters using non adult freehosts such as geocities and others.
6. Payments are received from CCBill either by cheque or wire, who pay out accordingly to the limit you have set with them.
7. Frisky Cash does NOT pay on hits from spamming, bulk E-mailing or any other fraudulent method. In the event that any of the above conditions exist, we will invalidate all current sales and terminate your account without notice. Let us say it again for effect: IF YOU ARE CAUGHT PROMOTING OUR SITES WITH SPAM, YOUR ACCOUNT WILL BE TERMINATED, ALL AMOUNTS OWED WILL BE FORFEIT, AND WE WILL PURSUE LEGAL ACTION. Spamming consists of but is not limited to sending Unsolicited Commercial Email (UCE), instant messages, ICQ messaging, yahoo pm's, or chat room hot linking.
8. We emphatically do NOT agree to, accept or approve of resources that endorse: child pornography, preteen (model age before 18), rape, murder or any form of violence, incest, zoo, warez, password selling or trading. You are not allowed to place banners or text links on any page that contains such information (including links, graphics, text, or any HTML containing meta tags for this kind of content). Any hits and/or sales sent from resources like these will be immediately dropped without pay!
9. You must be the one who owns or is otherwise is entitled to contraction behalf of the entity which owns the rights to your website.
10. By signing up you understand and acknowledge that Frisky Cash can and most likely will send out emails (newsletter) to all webmasters that join.
11. Any affiliate member who violates or infringes upon 3rd party copyright, trademark, patent, or any intellectual property rights will have their account terminated immediately, this includes, but is not limited, fraudulent activity against any other program. Termination will result if you are found to be profiting from the false submission of names, using executable files to scam other online ventures and/or if you are in any way committing fraud against 3rd party companies.
12. All materials on the Site are proprietary to the Company, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. Any Company materials, including those appearing on the Site, may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission from the Company. Subscribing to the Site or participating in the Program does not grant any express or implied right to You under any of the Company's trademarks, copyrights or other proprietary information. No representation is made that the materials available on the Site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
13. We will not be held liable for any loss due to server downtime, net congestions, and any other similar problems.
14. You must remove all our photos and videos, banners, graphics and logos from your site(s) and cease sending web traffic to our Affiliate Program within seven (7) days of this Agreement being terminated.
15. If you cheat anywhere on the Frisky Cash network, you will loose all accounts in all programs and will not be allowed to gain access to new accounts. Credit card fraud is closely monitored and will not be tolerated by Frisky Cash. Misleading advertising by you will be considered as cheating. In the event that any sort of mechanism that falsely generates hits and/or signups to the website is detected by Frisky Cash, you will be prosecuted to the fullest extent of the law and earnings will not be paid.
16. We hereby grant to You the following non-exclusive, non-transferable, revocable rights and permissions:
(a) To create authorized links from Your website to one of the sites on the program. You will receive a commission or referral fee for referrals of traffic, according to the hereinafter terms as well as the terms stated on the Site itself.
(b) To display materials on Your website, including but not limited to: banners, content; text links; images and text, solely for the purpose of promoting the sites participating in the Program. You hereby acknowledge and agree that the Company is, and shall remain, the exclusive owner of the materials mentioned above, and that these materials may not be copied, reproduced, altered, modified, changed, broadcast, distributed, transmitted, disseminated or offered for sale or rental in any manner, at any time, unless authorized and consented to in writing by the Company.
17. You may not link to any of our banners from our server.
18. When promoting our site you may not make reference to or state a models real name and you must only use the name provided by us.
19. Referring an affiliate who already exists in the affiliate database is not supported and by doing so may result in your termination from the program without compensation.
20. Fees, rates and features are subject to change without notice.
21. All funds are paid in U.S. funds.
22. You hereby agree to indemnify, defend and hold harmless Frisky Cash, 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 Frisky Cash (collectively the "losses"), insofar as the losses (or actions in respect thereof) arise out of or are based on:
a) any claim or threatened claim that Frisky Cash's use of tour trademark(s), if any, infringes on the rights of any third party;
b) the breach of any promise, covenant, representation or warranty made by you in these terrms and conditions;
c) any claim related to your web pages. Frisky Cash's indemnity rights shall not be limited or offset by any contributory negligence by Frisky Cash. Frisky Cash may participate in the defense at its expense.
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