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This Agreement contains the complete terms and conditions that apply to your participation as a member of the "Blackcrush Cash" Affiliate Program (the "Program").
(The Program Owner/Operator and its authorized agents are referred to herein as "Company," "we" or "us). As used in this Agreement, "you" or "your" means the
applicant/participating member, whether an individual or a business entity.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THIS DOCUMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND
UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY
THE TERMS HEREOF. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.
1. Enrollment in this Program.
To begin the enrollment process, you will submit a completed Program Application through our website Lovedollars.com. We will evaluate
your application in good faith and will notify you of your acceptance or rejection. We will reject your application if we determine that you have provided inaccurate
or incomplete signup information, determine that you are under 18 years of age (21 in some jurisdictions) or determine that your site is unsuitable for the Program for
any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable,
such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, "Content Restrictions").
Again, you must be at least eighteen (18) years of age (or older if legal age of majority is more than 18) to participate in this Program.
2. Utilizing Links on Your Site.
As an affiliate website of COMPANY ("Affiliate Site"), you may use any form of promotion you choose, consistent with the terms
of this Agreement (note: "per unique" commission program affiliates may only use banners supplied by COMPANY). You may use banner advertisements, button links
and/or text links to our site (the "Links"), however, you cannot employ deceptive language or misleading URL's in the Links, and you CANNOT MARKET BY SENDING BULK E-MAILS!!!
Any activity by you or on your behalf that we determine or reasonably suspect to be the result of a bulk e-mail program will result in your immediate termination
from the Program and your forfeiting of monies otherwise due you hereunder. (For further guidelines on this topic, please see Section 5, below.) Allowable promotional
links may contain COMPANY's trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are
granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your
Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by COMPANY. In utilizing the Links, you agree that you
will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.
3. Commissions.
We have various types of programs: (i) the Revshare Program, (ii) the Pay Per Profile Program and (iii) Pay Per Join Program. The Revshare Program: You receive 60% of the net revenues (initial join plus recurrings plus upgrades, if any, less chargebacks/ credits) received from approved members who joined the service by a referral from your link. You will also receive thirty cents ($.30) for every approved male profile and $1.50 for every approved female profile.
Pay Per Profile Program: Affiliates can earn between $1.25 - $2.00 per approved male profile (depending on volume) and $1.50 - $2.50 per approved female profile (depending on volume). In this program, Affiliates do not earn any revenue for credit card or check signups. However if your traffic to the pay per profile program is unproductive (no paid sales) you shall forfeit your right to any earned commissions. If you send 701 or over in a weekly period you will earn $1.50 per approved male profile. If you send 1401 or over in a weekly period you will earn $2.00 per approved male profile. If you send 701 or over in a weekly period you will earn $2.00 per approved female profile. If you send 1401 or over in a weekly period you will earn $2.50 per approved female profile.
Conversion of Program type: If, after reviewing your affiliate statistics, we determine in our sole discretion, that Pay Per Profile is unproductive based on your volume, we will automatically convert you to the Pay Per Join program. If you do not agree with our decision to change your program type, your affiliate membership will cease.
We also have a Pay Per Join program option. Affiliates can earn between $35 - $50 per credit card join (depending on volume) and $15 - $25 per check join (depending on volume). In this program, Affiliates do not earn any revenue for approved profiles.
If you send 50 or over credit card and/or check sales in a weekly period, you are qualified for our "whale bonus" and will earn an extra $5.00 per join. Send over 75 credit card and/or check sales in a weekly period earn an extra $10 per join. Send over 100 credit card and/or check sales in a weekly period earn an extra $15 per join.
4. Commission Payment.
Commissions due and owing to you under the Program will be paid to you directly by COMPANY on a bi-weekly (2 weeks) basis for the prior period’s activity. Overseas (i.e., non-US or Canada) affiliates are paid on the 10th day of the month for the preceding month's activity. Payments due and owing to you for a pay period of less than $50.00 will be rolled over into subsequent payment periods until at least $50.00 is reached, at which time you will receive payment. Payments of $100.00 or more can be made to you via ePassPorte. Otherwise, payments will be in the form of a check in US dollars payable to you, as identified in your application, and will be mailed to the street address indicated in your application (we will not mail to P.O. Boxes!!). You may request and receive payment via bank wire transfer, provided, you pay the costs associated with the wire.
Payment via wire is available only for payments of $500 or more for said pay period.
If you dispute the manner or amount of calculation of your commission with regard
to any given payment period, you must inform COMPANY within sixty (60) days of said payment, otherwise you are deemed to have waived your right to challenge said payment calculation.
5. POLICY REGARDING BULK E-MAILINGS
We do NOT allow Webmasters to market websites promoted through this Program through the transmission of SPAM. Therefore, do not do this. If you violate this prohibition against SPAM, you forfeit any commissions that otherwise would be owing to you, and we reserve the right to terminate you from the Program and to pursue or cooperate in legal action against you, both civil and criminal.
This SPAM prohibition applies not only to UBE. You are prohibited from: instant messaging spam, Usenet newsgroup spam, Web search engine spam, spam in blogs, wiki spam, Online classified ads spam, mobile phone messaging spam, Internet forum spam, junk fax transmissions, and file sharing network spam, and social networking sites.
THIS PROHIBITION APPLIES EVEN TO DOUBLE OPT-IN E-MAILS; NO BULK E-MAILINGS OF ANY KIND ARE PERMITTED
6. Non-Exclusive Limited License and Use of Affiliate Logos and Trademarks.
You grant us a non-exclusive license to utilize your names, titles and
logos, trademarks (collectively the "Affiliate Trademarks), to advertise, market, promote and publicize in any manner our rights hereunder. Notwithstanding
anything herein to the contrary, we shall not be required to so advertise, market, promote or publicize. You hereby represent and warrant that you are the
sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to us the license to use same in the manner contemplated herein,
and such grant does not or will not (i) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding
upon you, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. This license
shall terminate upon the effective date of the expiration or termination of this Agreement.
7. Responsibility for Your Site.
You will be solely responsible for the development, operation and maintenance of your site and for all materials that
appear on your site. You are not COMPANY's agent, and we shall have no responsibility for the development, operation and maintenance of your site and
for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe
upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks,
privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must
have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's
copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation
in the Program if we believe you have engaged in any of the following:
- Transmission of bulk e-mail (see Section 5, above), IRC postings, forged header mailings or any other form of mailing, including but not limited
to, newsgroups or AOL customers or otherwise violate this no e-mailings policy;
- Provide inaccurate or incomplete information to COMPANY concerning your identity, bank account, address or other required information;
- Attempt to cheat, defraud or mislead us in any way;
- Misrepresent to the public the terms and conditions or content of our sites or your sites;
- Promote passwords, MP3, or Warez;
- Own or operate a website in connection with a person who is under 18 years of age; or
- You operate from a foreign country for which COMPANY will not accept accounts, which include:
Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Cost Rica, Croatia, Czech Republic, Estonia, Georgia, Hungary, India, Indonesia,
Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Korea, Kyrgyzstan, Latvia, Lithuania, Malaysia, Moldova, Pakistan, Philippines, Romania, Russia,
Singapore, Slovakia, Slovenia, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan and Yugoslavia.
IN SHORT, WE EXPECT - INDEED, DEMAND - THAT YOU ACT WITH THE HIGHEST ETHICAL STANDARDS UNDER THIS AGREEMENT
8. Term of the Agreements. The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated
by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination.
Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is
terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions
earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales
occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders
are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
9. Modification.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail,
to your address on our records, or the posting on our site of a change notice of a new agreement, is 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 our posting of a change notice or new
agreement on our site, will constitute binding acceptance of the change.
10. Relationship of Parties.
You and COMPANY are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise,
sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations
on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
You are not an agent of the COMPANY and COMPANY expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
11. Limitation of Liability.
We 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 we have been advised of the possibility of such damages. Further, our aggregate liability arising
with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
12. Disclaimers.
We make no express or implied warranties or representations with respect to the Affiliate Program or any COMPANY services or other items sold
through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising
out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be
uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
13. Representations and Warranties.
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes
your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and
performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on
your 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 you are subject or which is binding upon you, or (ii) the terms of
any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet
service provider provide COMPANY with notice that you have 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, we reserve the right to cooperate
in any investigation relating to your activities including disclosure of your account information in connection therewith.
14. Confidentiality.
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider
to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential
Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program
Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website,
business and financial information relating to COMPANY, customer and vendor lists relating to COMPANY and any members of
the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as
confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential
Information shall also include any information that we designate as confidential during the term of this Agreement. You agree
not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret
and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely
to the extent that any such information is generally known or available to the public or if same is required by law or legal process.
Should you received a court notice, complaint or subpoena requesting or seeking to compel disclosure of Confidential Information,
you shall immediately inform COMPANY and COMPANY shall have the right, and be given the opportunity, to obtain a protective order
to prevent disclosure of such Confidential Information. We make no warranty, expressed or implied, with respect to any information
delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent,
trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the
information and we shall not have any liability to you or to any other person resulting from your or such third person's use
of the information.
15. Indemnification.
You hereby agree to indemnify, defend and hold harmless COMPANY, 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 us (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 that our 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 you herein; or (iii) or any claim related to your site.
16. Miscellaneous.
Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws
of Aruba and the Dutch West Indies, without reference to rules governing choice of laws. You may not assign this Agreement, by
operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on,
inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce
your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such
provision or any other provision of this Agreement.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THIS AFFILIATE PROGRAM AGREEMENT YOU
ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE
OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.
Note: Your Affiliate Program Application will be presented upon accepting this Affiliate Program Agreement.
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