The following are the Terms and Conditions for
participation in the "Apluscash (A+ Cash)" affiliate program
(herein referred to as "the Program" or "we"). As used in this agreement,
"you" or "your" means the applicant/webmaster.
THIS IS A LEGAL
AGREEMENT BETWEEN YOU AND APLUSCASH LTD.
BY PRESSING SIGN-UP BUTTON ON THE SIGN UP FORM (http://www.apluscash.com/partners/register.cgi) & SUBMITTING YOUR INFORMATION, YOU
ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU HAVE READ,
ACCEPT AND ARE BOUND BY ALL OF THE TERMS, CONDITIONS, PROMISES,
WARRANTIES, DUTIES AND OBLIGATIONS SET FORTH IN THIS AGREEMENT.
1. Participation
1.1 You must be at least eighteen (18) years of age
or the legal age in your jurisdiction to participate in the
Program.
1.2 In order to participate, you must register by
submitting an application with CORRECT information via
http://www.apluscash.com/. We may choose to decline your application
should we find any of the information and/or your website unsuitable for
any reason.
1.3 By signing up to the Program you agree that you
accept to receive notices in regards to the Program as long as you are
part of the Program.
1.4 The Program's administration reserves
the right to refuse your participation in the Program for any reason.
2. Responsibilities & Forms of
Promotion
2.1 You may use any form of promotion that does not
breach the terms of this agreement.
2.2 All visitors you send to
us must come from a web page. We do not allow news group postings with
links to our web sites nor do we allow you to link to our web sites from
the body of an email message.
2.3 All surfers sent to the
Program's site(s) must be in a full size window with toolbars, location,
scroll bars, etc. It must be a regular, unaltered Internet browser
window.
2.4 Our sites MAY NOT be opened or loaded in a FRAME. If
your site uses frames, all links to our sites must use TARGET="_top" or
TARGET="_self".
2.5 Do not alter the linkcodes.
2.6 Do not
use illegal/false advertising as specified below.
2.7 Do not
attempt to defraud the Program.
2.8 You are responsible to keep
your information on-file accurate for proper notifications and
commission payment settlements.
2.9 You must ensure that you are
not performing any actions or doing anything that may violate this
agreement or that is grounds for termination as described in section 6.
Termination.
3. Illegal Advertising
"Illegal Advertising" consists but is not limited to
the following:
3.1 You may not advertise and/or send traffic from
any site containing child pornography or material that is not compliant
to 18 USC 2257. We maintain a zero tolerance policy towards anything
related to child pornography and reserve the right to cooperate with law
enforcement authorities in any child pornography
investigations.
3.2 You may not send traffic from websites
containing materials which constitute 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.
3.3
False advertising such as statements, photos, graphics, videos promising
features and content that are not available by the Program's website to
members is not permitted.
3.4 Advertising our products and sites
to minors is not tolerated.
3.5 The Program does not accept
sites and links from sites that endorse actual, implied or simulated:
bestiality, obscene, rape, torture and child pornography.
3.6 You will not be paid for signups
received via methods deemed as "Illegal Advertising" and sending such
traffic through such methods is grounds for immediate termination.
Apluscash reserves the right to modify the methods it considers as
"Illegal advertising" at any time.
4. Commissions
Your duty in order to receive a commision from the
Program is to direct visitors via a webpage to the Program's authorized
websites. A commission is paid on a unique trial or full signup that
occurs when a visitor views your webpage in his Internet browser, clicks
on the authorized linking code issued to you by the Program, is redirected
to the Program's authorized websites, enters his/her billing information,
is approved and the Program receives the fee. The Program reserves to
modify the authorized linking codes at anytime, but it will however notify
you in advanced of such changes in order to allow enough time to comply.
4.1 Signups via Credit Card: The Program pays you
60% from every trial, rebill or full signup minus the third party billing fee, generated by
traffic sent via your linking code during a period.
4.2 The
Webmaster Referral Program pays you 10% of the revenue of webmasters that
join the Program after visiting an authorized webmaster referral linking
code.
4.3 You agree that if you are in violation of this
agreement all commissions shall be forfeited. No commission shall be
paid for signups deemed as fraudulent, at the sole and exclusive
discretion of the Program's administration.
4.4 No sale shall occur when the visitor visit the website
without going through an authorized linking code issued by the Program.
4.5 Commissions are not credited for signups or webmaster
referral generated by you or someone in your organization and/or
family.
4.6 All commissions are calculated and paid in US
Dollars.
4.7 The above rates are subject to change and you will
be informed as stated in the "Modifications" section of this agreement.
5. Payouts
5.1 Payouts are calculated based on commissions
received during a two week period. Commissions are paid two weeks after
the end of each two week period.
5.2 Commissions for Period starting with the 1st of the month
and ending with the 15th of the month are paid on the 1st (or next
business day) of the following month (2 weeks after the end of the
period). Commissions for the Period starting with the 16th of the month
and ending with the last day of the month are paid on the 16th (or next
business day) of the following month (2 weeks after the end of the
period).
5.3 Commissions for a period that do not meet our
minimum of $100.00 or your set minimum payout (must be over $100) will
be carried over and be credited toward the next period until such
minimum is met.
5.4 If there is a discrepancy with any of your
payouts, you MUST inform the Program within sixty (60) days or you are
said to have waived the right to challenge the payout
calculation.
5.5 The above dates are subject to change and you
will be informed as stated in the 10. Modifications section of this
agreement.
5.6 Our log files will prevail in determining amount
of signups.
5.7 All statistics are considered UNOFFICIAL until
you have received a payout confirming the amounts.
5.8 The
Program does not require US tax ID numbers as payout information is not
shared with US credit or tax agencies.
5.9 You aknowledge
that there will be certain fees pertaining to payment processing and
shipping fees such as fees for wire transfers and fees for couriered
shippments according to the fee schedule posted on this page.
6. Termination
The Program reserves the right to terminate you
based on but not limited to the following:
6.1 The signups you have sent to the Program have
excessive refunds and/or chargebacks.
6.2 Sending signups deemed as fraudulent by the Program or
performing any action that is deemed as an attempt to defraud the
Program.
6.3 Altering the authorized linking code provided by the
Program by electronic, mechanical or automated means or other
technologies, currently available or which may become available in the
future. Causing the modification or substitution of the linking code on
URLs belonging to or identified with accounts other than your
own.
6.4 Removing or using technology to disable javascript
placed by the Program on its tours.
6.5 Publishing, transferring,
reassigning, disclosing, distributing, leasing, renting or selling your
account.
6.6 Signing up through your own account by yourself, an
associate or a person from your family or otherwise directly instructed
by or related to you.
6.7 Signing up through your own account by
yourself for the webmaster referral program.
6.8 Breaching any of the terms set forth in this
agreement.
6.9 Your account and/or website is unsuitable for any
reason.
6.10 Illegal advertising as stated in section 3. Illegal
Advertising
6.11 Providing false or incomplete information during
the Program's registration process such as a false address or fraudulent
banking information.
6.12 If we get notified by one of our
billing processors that they request your account to be terminated due
to violation of their Terms of Service or due to sales deemed as
fraudulent by the particular processor.
Either you or we may terminate this agreement at any
time, with or without cause, by giving the other party notice of
termination. To terminate your account contact support.
Notice by e-mail, to your e-mail address in our records, is considered
sufficient notice for us 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 commission payments, even for
commissions earned prior to the date of termination. If this agreement
is terminated for any other reason, you are eligible to be paid for the
commission on sales occurring up to the date of termination of this
agreement. We reserve the right to withhold your final payment for 60
days to ensure that the correct amount is paid and none of the signups
were fraudulent. You must meet the minimum payout of $100 in order to
have a payment issued to you in any circumstance. We reserve to cancel
the Program at anytime.
7. Availability
The Program will not be held liable for any loss due
to server downtime, network downtime, packet loss, net traffic problems,
acts of God, acts of war, riot, fire, flood, or other disaster, acts of
government, strike, lock-out, communication line or power failures,
failure, inoperability or destruction of the Site or its components. The
Program shall do everything in its power to maintain the highest
standard of availability of its system.
8. Copyright
8.1 The Program grants a limited nonexclusive,
nontransferable and revocable license to use the Program and the
websites/products' trademark names, service marks, logos, and to access,
download and use promotional banner hypertext links, video, sound, photo
content and any other form of intellectual property provided by the
Program, on your website(s) for the exclusive purpose
of advertising, marketing or promoting ONLY the
websites and products of the Program; however, the license herein
granted shall automatically and immediately cease upon the termination
or breach of any term in this agreement.
8.2 You may not may not
copy, reproduce, alter, modify, change, broadcast, distribute, transmit,
disseminate, sell or offer for sale the materials, in any manner,
anywhere in the world, without the express written consent of the
Program. Refer to our contact support if in
doubt.
8.3 You are not allowed to remove, obstruct or make any
change to the watermarks on the promotional materials, photographs,
screenshots and videos.
9. Confidentiality
Any modifications to the terms and provisions of this
agreement made specifically for you or your website and not generally
available to other webmasters, shall be deemed as confidential. You
agree not to disclose any confidential information and that such
confidential information shall remain secret and shall not be utilized,
directly or indirectly, by you for your own business purposes or for any
other purpose, except to the extent that any such information is
generally known or available to the public or if disclosure is required
by law or legal process.
10. Modification
The Program reserves the right to modify any part of this
agreement at anytime without prior notice. Upon modification, you will
be informed by email, writing or by an informational text on the
Program's website. Should you choose to not accept the amendments, the
only action you can take is to terminate your account and have all
outstanding commission paid to you. Continued participation in the
Program and/or no action shall mean that you have accepted the
modifications to the agreement. All modifications shall become active 48
hours after the modifications and notice have been
completed.
11. Relationship of Parties
You and the Program 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 have no authority to make or accept any offers
or representations on our behalf. You will not make any statement,
whether on your site(s) or otherwise, that reasonably would contradict
anything in this Section. You are not an agent of the Program and the
Program expressly disclaims responsibility for any conduct by you in
violation of the terms of this agreement.
12. Representation &
Warranties
You hereby represent, warrant and
covenant 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. You
further represent, warrant and covenant that the execution, delivery and
performance by you of this agreement is within your legal capacity and
power, has been: (1) duly authorized by all requisite actions taken on
your part; (2) does not require the approval or consent of any other
individuals or entities; (3) does not violate nor constitute a default
under any provision of law, rule, regulation, order, judgment, or decree
to which you are subject or which is binding upon you; and (4) does not
violate the terms of any other agreement, document or instrument
applicable to you or binding upon you. Should any law enforcement agency
or similar entity provide the Program with notice that you have engaged
in unlawful conduct , the Program reserves the right to cooperate in any
investigation relating to your activities, including the disclosure of
your account information in connection therewith.
13. Indemnification
You hereby agree to indemnify, defend and hold harmless
the Program, its shareholders, subsidiaries, 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"), insofar as such losses (or actions in
respect thereof) arise out of or are based on (a) any claim or
threatened claim that our use of your trademark(s) infringes on the
rights of any third party; (b) the breach of any promise, covenant,
representation or warranty made by you herein; or (c) or any claim
related to your site.
14. 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 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 Program will
not exceed the total commissions paid or payable to you under this
agreement.
15. Miscellaneous
Terminated accounts cannot later apply to the Program
without our express written consent. This agreement will be governed by
the laws of The British Virgin Islands, without reference to rules
governing choice of laws. 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. The sole and exclusive venue for any action arising
under this agreement will be in the Courts of The British Virgin
Islands, and you hereby submit to the jurisdiction and venue of such
courts.
If you have questions or comments please contact us.