|A. Applying for Program.
First you should submit a completed Program Application through our website http://www.serious-cash.com/. Company 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 your site is unsuitable for the Program for any reason (if your site incorporates content that is unlawful, obscene, such as sites that facilitate illegal activity or promote violence, copyright infringement. 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.
B. Allowable Promotion.
As an affiliate site of COMPANY, you may use banner advertisements, button links and/or text links to our site (the "Links"), however, you cannot employ misleading URL's in the Links, and you CANNOT MARKET BY SENDING UNSOLICITED BULK E-MAILS!!! Any activity by you or on your behalf that we determine or reasonably suspect to be the result of spaming or underage promotion will result in your immediate termination from the Program and your forfeiting of your commision. You can get rules of allowable mass e-mailings here.
Allowable promotional links may contain COMPANY's trade names, service marks, and/or logos for display on your Affiliate Site. 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 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 Links. A Link may only be visually modified with our consent.
C. Your Commission.
We will pay you a 50% of all net sales (first-time sales & rebills) coming from your Links, up to a maximum of 30 sign-ups per pay period. If you produce from 31 to 50 signups per pay period you shall receive 55% rate starting from next pay period. 100 or more signups in a pay period will give you 60% rate for the next pay period. Please note that your profits are not deducted by system fees, holdbacks.
Partnership Rate is subject to change from time to time, upon e-mail notice to you and commencing the 30-days following such notice. Note that a commission will only be paid if full payment for services is made to us by the customer.
D. Commission Payment.
Commissions owing to you under the Program will be paid to you directly by COMPANY on a bi-monthly basis for the prior 2 week's activity. Payments owing to you for a pay period of less than $75.00 will be rolled over into subsequent payment periods until at least $75.00 is reached, at which time you will receive payment.
Payments will be in the form of a check in US dollars payable to you, 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, you pay the costs associated with the wire. Payment via wire is available only for payments of $200 or more for said pay period.
You may request and receive payment via "Epassporte," however, payments for Epassporte are available only for payments of $75.00 or more in a given 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 thirty (30) days of said payment, otherwise you are deemed to have waived your right to challenge said payment calculation.
E. Use of Affiliate Logos and Trademarks.
You authorize us to utilize your names, titles and logos, trademarks (collectively the "Affiliate Trademarks), to advertise, market, promote our rights. 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 stated above. This license shall automatically terminate upon the effective date of the expiration or termination of this Agreement.
D. Responsibility for Your Site.
You are not COMPANY's agent. You will be solely responsible for the development, operation and maintenance of 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 (such as copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are illegal.
You must have express permission to use another party's copyrighted material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law.
We will immediately terminate your participation in the Program and and do not pay your commision if we believe you have engaged in any of the following:
- Unsolicited bulk e-mail, IRC postings, of mailing, including but not limited to usenet spam newsgroups;
- Provide inaccurate or incomplete information to COMPANY about your identity, bank account, address or other required information;
- Attempt to cheat, defraud us in any way;
- Promote passwords, MP3, or Warez, child porn, underage marketing.
F. This Terms Validity.
This terms are valid from the moment of our acceptance of your Program Application and till it's termination by either party. Either you or we may terminate this Agreement at any time by giving the other party notice of termination. Notice to your e-mail address, as stated in our records, is considered sufficient notice for to terminate this Agreement.
If this Agreement is terminated due to your violation the terms of this Agreement you are not eligible to receive any commissions payments, including commissions earned prior to the date of termination. As for other Agreement termination, you are only eligible to earn a commission on sales occurring during the term of the Agreement.
We may modify any of the terms and conditions contained in this Agreement at our sole discretion. Notice of such changes by e-mail, to your address on our records, 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, Affiliate Program rules etc. All such modifications shall take effect in time we indificate additionally. Your continued participation in the Affiliate Program, following changing of this terms and conditions, will constitute binding acceptance of the change.
H. Parties Relationship.
Nothing in this Agreement will create any joint venture, agency franchise, partneship, sales representation, or employment relationship between the parties. You are not an agent of the COMPANY and the COMPANY disclaims responsibility for any conduct by you violating of our terms and conditions.
I. Limited Liability of the Company.
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages.
In addition, we do not guarantee 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.
J. Representations and Warranties.
You hereby represent and warrant to Company that:
-this Agreement has been constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms;
-the execution, delivery and performance by you of this Agreement are within your legal capacity and power;
-you require the approval or consent of no other persons; and neither violate provisions of any law, rule, regulation, order, judgment or decree, terms of other agreement which is binding upon you.
We will fully cooperate with law enforcement agencies and internet service providers including disclosure of your account information if we have information that you have engaged in spamming or other unlawful conduct.
You hereby agree to hold harmless COMPANY, its shareholders, officers, directors, agents, against any claims, losses, liabilities, damages suffered by us and based on are based on
- any claim that our use of the Affiliate Trademarks infringes on the rights of any third party;
- any claim related to your site.
BY CLICKING ON THE "SUBMIT APPLICATION" BUTTON DURING YOUR SIGNING UP AT SERIOUS CASH PROGRAM YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND AGREE TO BE BOUND BY THE TERMS HEREOF.