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| Terms and Conditions Agreement | ||||
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Before you can become a participant in the Adult Art Network™ 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 Adult Art Network™. ("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. We reserve the right to terminate any account at any time without notice, due to illegal activity. 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:
1.2. 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 Adult Art Network™. Websites; however, the license herein granted shall automatically and immediately cease upon the termination of this Agreement. In consideration of Adult Art Network™ providing You with Program benefits, You agree and warrant as follows:
2.2. 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 Adult Art Network™ Websites. Click here to view our spam policy. 2.3. That You will not, directly or indirectly, link any of the following content or material to any participating Adult Art Network™ Website through any hyperlinks maintained or created on Your Website, and that You further acknowledge that any violation of these following provisions will rest inYour account being terminated without pay:
(ii) Any material which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity; (iii) 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.
(ii) Attempt to mislead or defraud us in any way; (iii) Encouraging membership termination or cancellation, (iv) Hits or signups generated as a requirement to enter or obtain access to goods or services on your (or someone else's) web site; (v) 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 contact us right after doing your test. (vi) The following terms, along with any derivatives thereof, may not appear anywhere in the HTML or graphics on your web property: animals, animal sex, beast, beastiality, bestiality, celebrities, celebrity, celebs, children, disney, family sex, farm sex, forced sex, illegal, incest, kids, lolita, nudist, pedo, peta, peto, preteen, pre-teen, rape, scat, underage, necrophilia and zoofilia. 2.5. That you must serve any Adult Art Network™ 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.
(ii) AND All parts of the following countries: Afghanistan, Kuwait, Iran, Iraq, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, Turkey, The United Arab Emirates. (iii) AND All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Site would constitute a violation of any law, regulation rule or custom. Adult Art Network™ agrees to pay you 50% of every signup and rebills as long as that a customer stays as member. If you can send at least 30 new signups in a pay period, we will pay you 60% of all signups and rebills for that same period. Likewise, if you can send at least 15 new signups in a pay period, we will pay you 55% of all signups and rebills for that same period. Also you may refer other webmasters to our partnership program. In this case you will get 5% of all the income of the webmaster you referred. Attention: You cannot refer yourself as an affiliate. If it occurs, your account will be suspended
3.4. All commissions and fees due and payable hereunder shall be payable in United States Dollars and shall survive termination of this Agreement. In case of 2000 Charge (EURO), sales will be converted to United States Dollars using the conversion rate of 1.2 at the time of that transaction. 3.5. In determining commissions and referral fees due and payable to webmaster participants in the Adult Art Network™ Program, Adult Art Network™ files and records will prevail in determining amount of "signups" that You have referred to a participating Adult Art Network™ site during any accounting period. 3.6. If an account's activity is found to be fraudulent/suspicious by Adult Art Network™ or the Fraud Control department of its 3rd party billing companies (Epoch, CCBill, WTS, 2000 Charge, NetCash) we reserve the right to withhold payment. 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 Adult Art Network™, 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 Adult Art Network™ or any property owned by Adult Art Network™, its affiliates, agents, successors or assigns. 5. No Guarantees Or Warranties Of Any Kind YOU ACKNOWLEDGE AND AGREE THAT Adult Art Network™ 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. Adult Art Network™ 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. We will not be held responsible for loss due to downtimes resulting from complications with our hosting equipment, technical errors or any other unforeseeable circumstances. 6. Adult Art Network™ Limited Liability and Liquidated Damages You acknowledge and agree that under no circumstances shall Adult Art Network™, 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 Adult Art Network™ 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 Adult Art Network™' services, content or Program materials. Notwithstanding the foregoing express limitations of liability, you acknowledge and agree that should Adult Art Network™, 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. 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 Adult Art Network™, in its sole and exclusive discretion, at any time, without any advance notice and for whatever reason, or no reason at all. In the event that this Agreement or the Program is terminated by Adult Art Network™, 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 Adult Art Network™ after the date and time of termination of the Program. 9. 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 Las Vegas, Nevada 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 Nevada and the United States. This Agreement is executed in Nevada and all its provisions shall be governed by and construed according to the laws and judicial decisions of the State of Nevada and the United States when applicable. 10. Acceptance And Execution Of This Agreement By CLICKING ON THE "Create Account" BUTTON on the join form at (https://secure.adultartnetwork.com/wm_signup/), and by supplying Adult Art Network™ 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. |
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