|
AFFILIATE TERMS & CONDITIONS and SERVICE
AGREEMENT
The PECASH Affiliate Program offers an opportunity for operators
of adult-oriented Internet web sites ("Hosts" or "Affiliates")
to direct traffic to PECASH Affiliate Sites and earn a commission
each time one of those visitors purchases a product.
The terms and conditions of this Agreement are as follows:
1. How the Program
Operates:
1.1 Visitors to your Site
shall be directed to PECASH Affiliate Program Sites via an Internet
hypertext transfer link. PECASH shall designate and design the
appearance and syntax of the hypertext transfer links which
will appear at your Site -- although you may choose to display
banners, text links, exit consoles, or full page promotional
ads at your Site.
1.2 Upon sign-up you will
be provided with instructions as to how to generate & install
the HTML code which will display PECASH Affiliate Program Sites
text links, banners, exit consoles and/or full page ads on your
web Site. You must install the HTML code as instructed in order
to receive proper credit. The following
actions shall be cause for denial of payment and immediate termination
and may result in legal action at PECASH's discretion: spamming,
illegal content, copyright infringement, domain name infringement,
and any falsification of transactions. The above list is not
meant to be exhaustive of prohibited conduct.
1.3 Upon sign-up you will
be asked to enter a password. Please remember it, as you will
need it in order to make changes to your account. After you
submit your sign-up form, you will receive an e-mail confirmation
and your unique PECASH Affiliate Program Affiliate ID number.
This number, when installed in hypertext transfer links, will
ensure proper credit for referred purchases. Please also use
this ID number whenever contacting PECASH Webmaster-Affiliate
Support.
Currently, the PECASH Affiliate Program does not accept webmasters
from the following countries: Afghanistan, Azerbaijan,
Bulgaria, China, Cuba, Iran, Iraq, Kazakhstan, North Korea,
Kyrgyzstan, Pakistan, Saudia Arabia. New accounts
from these countries will not be paid.
1.4 Your commission shall
be earned on each referred transaction, which occurs when a
user, directed from your site, purchases a product from a PECASH
Affiliate Site.
2. Site Owner/Operator
Obligations:
2.1 US citizens are required
to provide a Federal Tax ID or Social Security Number before
commission payments can be made to you. PECASH's Affiliate Program
will register a 1099 for all U.S. domestic entities or a 1042-s
for all foreign entities to whom we issue combined yearly payments
of $600.00 or more. Any falsification of Social Security or
Tax ID numbers shall be cause for denial of payment and immediate
account termination. It is the responsibility of the Affiliate
to keep all account information with PECASH's Affiliate Program
up-to-date and accurate. It is also the responsibility of the
Affiliate to periodically check their e-mail to stay informed
of changes to PEcash programs. The Affiliate is solely responsible
for providing accurate address/delivery information to ensure
proper delivery of payment. Since payments are computer-generated,
inaccurate/improper address information will delay payment.
2.2 The Affiliate is also
responsible to take all reasonable steps necessary to comply
with all applicable state, federal and local laws, if any, regarding
access to adult-themed and/or sexually explicit materials by
minors or residents of areas where such materials are likely
to be deemed in violation of community standards or to form
the basis of obscenity prosecutions (herein, "Policing Prohibited
Access").
3. Rights
Granted:
3.1 PECASH grants to the
person or entity, who is the owner/operator of an Internet Site
(hereinafter "Site Operator" or "Affiliate") the non-exclusive
right to direct (refer) users or visitors to their web Site
to PECASH Affiliate Sites.
3.2 PECASH grants to the
Affiliate a limited, non-exclusive, non-transferable license,
during the term of this Agreement, to use graphics, including
banners, and other intellectual properties (hereinafter "marks")
owned by PECASH and the PECASH Affiliate Program for the sole
purpose of marketing, advertising and promoting the PECASH Affiliate
Program Site(s). The Affiliate may not alter or modify the link,
banner, or graphic, or any other marks, in any way, without
the prior written permission of PECASH. The Affiliate may not
'hot-link' to images, banners or graphics on the PEcash servers
under any circumstances. The license herein granted shall automatically
and immediately cease upon the termination of this Agreement.
3.3 The rights granted herein
shall be for reasonable, appropriate and lawful use, and on
the express condition that the Affiliate continuously observes
the PECASH Affiliate Program's rule regarding Policing Prohibited
Access.
4. Affiliate Commission:
Plan A. During a pay period
month, you will receive 20% of all
sales, before order shipping and tax additions, on all
orders which are referred through your account.
Plan B. During a pay period
month, you will receive 35% of all
sales, before order shipping and tax additions, on all
orders which are referred through your account.
If you opted for the 5% single
level referral commission at signup, you will receive
an additional 5% of all referral
commissions earned by every First Tier (First Level)
webmaster that you refer to the PECASH Affiliate Program through
your site. Any additional Tiers pay 0%.
If you opted for the Unlimited
multi-level referral commission at signup, you will receive
an additional 2.5% of all referral
commissions earned by every First Tier (First Level)
webmaster that you refer to the PECASH Affiliate Program through
your site. Each additionals Tier
pays 1/2 of the previous Tier. Therefor, your Second
Tier pays you 1.25%, your Third
Tier pays you 0.625% and so on.
Payments will be made on a monthly basis, as long as your
account has accumulated the minimum payout of $20.00 or the minimum amount you specify for your account.
Otherwise, accumulated earnings will be carried over to the next month until your monthly
total reaches the minimum payout. All payments will be made
by check in U.S. dollars unless otherwise arranged. All commission
statistics during a month are closed on the last day of the
month. Any Adjustments and/or Chargebacks from previous months
sales will be applied to the current month commission statistics.
Commission checks are mailed on the 10th of each month, or the next
business day immediately following the 10th.
5. Representations
and Warranties:
5.1 You, as Host, warrant
and represent that you own or operate a lawful, and otherwise
valid Internet web Site. You further represent that you have
the requisite power and authority to enter into this Agreement
and perform the obligations set forth herein and that you are
an adult at least eighteen (18) years of age; that performance
under this Agreement does not and will not constitute a breach
of any existing contract or obligation undertaken by you; and
that there are no outstanding orders, judgments, decrees, rules
or regulations which would preclude you from entering into this
Agreement. You shall indemnify PECASH and its owners, employees
and assigns against any loss, damage, liability (including reasonable
legal fees) which result from the use of any PECASH materials
not expressly authorized by this Agreement.
5.2 You, as Host, will not
place any PECASH Affiliate Program advertisement on any type
of "password giveaway", "mp3", "warez", or "lolita"
Sites. If any PECASH Affiliate Program advertisement is found
on such a Site, the Affiliate's account will be subject to immediate
termination and denial of payment.
5.3 As emphasized in the
Acceptable Use Policy,
you, as Host, will not engage in abusive spamming practices.
If we receive ANY complaints about such activities, the Host's
account will be subject to immediate termination and denial
of payment. Please note that a network
of contacts with AOL and other major ISP's is in place, and
if you spam, you will be caught, and you will be terminated,
and your account information will be turned over. If your account
is caught spamming AOL, your account will be terminated, and
your personal information will be forwarded to AOL's legal department.
If your account is caught spamming ICQ, IRC, AOL AIM, MSN IM,
USENET, MESSAGE BOARDS, or other messaging services, or other
post services, your account will be terminated, and your personal
information will be forwarded to the appropriate organization.
5.4 You, as Host, will continuously
observe PECASH Affiliate Program's rule regarding Policing Prohibited
Access.
6. Disclaimer and
Limitation of Liability:
PECASH MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH
REGARD TO THE PERFORMANCE OF THE LINK OR THE CONTENT OF PECASH
SITE(S) AND PECASH EXPRESSLY DISCLAIMS ANY WARRANTIES, INCLUDING
THAT OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
PECASH shall not be held liable to the Affiliate or any other
person or entity, including users of PECASH's products or services,
for any losses, injuries or damages of any kind, arising from
or in connection with any mistakes, omissions, delays, errors,
interruptions in the transmission or receipt of PECASH's products,
services or content.
7. Term and Termination
of Agreement:
7.1 This agreement is subject
to change without notice. Affiliates should check back here
periodically for updates.
7.2 The term of this Agreement
shall be indefinite. PECASH reserves the right to terminate
this Agreement at any time, without cause. Delivery of notice
via e-mail shall be considered sufficient notice to the Host.
7.3 Upon termination of this
Agreement you shall immediately cease using PECASH's marks and
remove PECASH's banner(s) from your Site.
7.4 Any warranties, indemnities
and obligations, which by their nature are designed to survive
termination, shall extend beyond the termination of this Agreement.
7.5 Upon termination of this
Agreement you shall be entitled to all unpaid commissions earned
prior to the date and hour of termination. The Affiliate shall
not be entitled to receive commissions for referrals delivered
after the date of termination. Nor shall the Affiliate receive
any payment if their account was terminated for illegal content,
spamming, deception, fraud, falsification of sign-ups or failure
to observe PECASH's rules regarding Policing Prohibited Access.
8. Acceptance
and Execution of Agreement:
By filling out and sending the sign-up form you are agreeing
to be bound by the terms of this Agreement and PECASH is agreeing
to become a counter-party to the Agreement. The date of execution
shall be the date on which the form is forwarded to PECASH.
REVISED 6/9/2009
Any additional questions or comments please contact
or call our toll free number 800-321-9858 or 216-391-4800.
|
