Terms and Services
WEBMASTER AFFILIATE PROGRAM TERMS AND CONDITIONS
This Agreement contains the complete terms and conditions that apply to your
participation as a member of the WebCashForYou Program (the “Program”) operated by
Chellaul Corporation (hereinafter, “Company,” “we” or “us”). As used in this Agreement,
“you” or “your” means the applicant/participating member.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY CHECKING THE
“I AGREE” BOX AT THE END OF THIS DOCUMENT YOU ARE STATING THAT YOU
HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH
HEREIN AND ARE 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 application through our
website http://www.WebCashForYou.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. 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 UNSOLICITED BULK E-MAILS!!! (As used
herein, UBE, or “Spam” refers to the transmission of unsolicited bulk e-mails, i.e., not
derived from a verifiable opt-in program or sent absent a prior business relationship
with the recipient). Any activity by you or on your behalf that we determine or
reasonably suspect to be the result of an unsolicited 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.
The Program comes in two forms of commission payout: (a) payout based on revenue
sharing, (b) payout based on signup, (c) payout based on active memberships,
(a) Rev Share: We will pay you a percentage of all monies
earned from a subscribers membership.
(b) Per Signup: We will pay you a commission per sign-up coming
from your Links.
(c) Active Membership: You will receive commission every
time you help us obtain a renewable subscription when a trial membership renews for
a full price or when initial payment is for one month subscription or longer.
The Commission Rate is subject to change from time to time, upon e-mail notice to
you. Note that a commission will only be paid if the visitor to our site can be tracked by
the system from the time of the Link to the time of the sale. No commission will be paid
if the visitor.s payment to our site cannot be tracked directly to your site by our
system or if full payment for services is not made to us by the customer. No
commission will be paid for signups by you or anyone within your organization.
4. Commission Payment.
Commissions due and owing to you under the Program will be paid to you directly by
COMPANY on a weekly basis for the prior week.s activity. Payments due and owing
to you for a pay period of less than $100.00 will be rolled over into subsequent
payment periods until at least $100.00 is reached, at which time you will receive
payment. Payments will be in the form of a Paypal payment or 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. 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 $1,000 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. NO PASSWORD SITES
We have the right to immediately, and without notice, terminate your participation in
the Program if we, in our sole and exclusive judgement, conclude that you use a illegal
PASSWORD SITE to advertise WebCashForYou, YOU WILL BE BARRED FROM FUTURE
PARTICIPATION IN THE PROGRAM AND ALL FUNDS OTHERWISE DUE TO YOU
WILL BE FORFEITED TO THE COMPANY.
6. ACCEPTABLE USE POLICY REGARDING BULK E-MAILINGS
We do allow Webmasters to market websites promoted through this Program through
the transmission of bulk e-mails, however, it is extremely important that any such
mass e-mailings by you conform to our policies. Moreover, you need to be aware of
the fact that many service providers, such as America Online, Inc. (AOL), have their
own standards and policies when it comes to mass mailings to their members. By way
of example, please familiarize yourself with AOL.s policy, as most mass mailings will
reach at least some, and potentially many, AOL members (e.g., --------@aol.com)
http://www.aol.com/info/bulkemail.html.
The marketing of websites promoted by this Program is strictly prohibited if done
through the transmission of unsolicited bulk email. In other words, you must have a
prior business relationship with the e-mail recipient, including but not limited to having
obtained their e-mail address through a verifiable opt-in procedure. We strongly
encourage you to maintain electronic records of the manner in which you obtain e-mail
addresses for use in mailings. This is because, if we receive a complaint from a person
who received a promotional e-mailing from you, you will need to demonstrate to us
that such person did not receive unsolicited bulk e-mail from you. We also strictly
prohibit you from transmitting e-mail that makes use of or contains invalid or forged
headers, invalid or non-existent domain names or other means of deceptive
addressing (“counterfeit e-mail”). Do NOT do this. We also strictly prohibit you from
transmitting e-mail that is relayed from any third party's mail servers without the
permission of that third party, or which employs similar techniques to hide or obscure
the source of the e-mail. Do NOT do this.
The transmission of unsolicited bulk e-mail, including the transmission of counterfeit
e-mail, may result in civil and criminal penalties against the sender under applicable
federal and/or state law. We do NOT authorize the harvesting or collection of screen
names from any ISP service (for example, AOL) for the purpose of sending unsolicited
e-mail, and will terminate without pay any webmaster determined to have transmitted
bulk emails advertising any websites marketed through this Program to lists gathered
by such methods. Should we determine, in our sole discretion that you have violated
this AUP, be assured that you will be terminated immediately, will be ineligible to sign
up for another account, will not be paid for any traffic or subscriptions generated prior
to the date of termination; and your registration information may be turned over to
complaining parties (including AOL).
HOW TO REPORT UNSOLICITED BULK E-MAIL
If you believe you are the recipient of unsolicited bulk e-mail from a person or
company advertising websites under this Program, please follow this procedure:
Please send your UBE complaint to COMPANY through its Customer Service
Representative, Chellaul Corporation. The best and easiest way to do this is
by forwarding the offending e-mail to support at chellaul dot com. If you cannot forward
the UBE, simply send an e-mail to support at chellaul dot com. In either case, please
include your name, address, telephone number and any information you may have
about the identity of the person or entity that sent the UBE to you. You may be able to
collect information about the sender from the e-mail itself, for instance, by examining
the e-mails “header,” by examining the webpage or by running a whois query against
the webpage domain.
7. 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.
8. 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:
- Unsolicited 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 the anti-UBE policies of ISPs or state law;
- 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
IN SHORT, WE EXPECT . INDEED, DEMAND . THAT YOU ACT WITH THE HIGHEST
ETHICAL STANDARDS UNDER THIS AGREEMENT
9. Test Joins
WebCashForYou does not pay for affiliate test joins. We have no problem with you testing
your account by joining yourself. But you must notify WebCashForYou by Email. Please
Email us the site, date and username you joined with, so we can cancel the join and
payment. We will not pay on a join we feel is a test join.
10. Procedure Relating to Alleged or Actual Third Party Rights Infringement by a
Participating Webmaster.
Upon COMPANY's receipt of a proper notice of alleged copyright, trademark, service
mark or publicity rights violation by Your participating website (the Notice of
Infringement Form used by COMPANY can be found at TCGII Infringement Form,
COMPANY will notify You and ask that You provide written documentation of your
right to use the allegedly infringing material in your website. That documentation must
be: (a) a license of the rights; (b) consent from the rights holder or their agent; or (c) a
written statement from You or Your attorney (in either email or fax form) explaining
Your claim to have a lawful right, or a legal defense, to display the allegedly infringing
material.
If You do provide COMPANY with appropriate rights documentation (a, b or c, above),
COMPANY will forward that documentation to the rights holder or their agent, as
appropriate. Should the rights. holder/agent not be satisfied, COMPANY will provide
the rights holder/agent with Your contact information in order that they may contact
You and pursue any remaining dispute with You directly.
If you fail to provide the COMPANY an appropriate written response (a, b or c, above),
You will have ten (10) days from the date of COMPANY's original notification to You to
remove the complained of content. Should you fail to remove said content within ten
days, the referring URL containing the complained of content will be blocked and any
funds otherwise due and payable to You relating to the referring URL will be forfeited,
UNTIL SUCH TIME AS YOU PROVIDE AN APPROPRIATE WRITTEN RESPONSE. You
will also be placed in an “infringer“ database, and should repeated complaints be made
against you for rights violations, COMPANY has the right to permanently terminate
You from the WebCashForYou program.
HOW TO REPORT ALLEGED RIGHTS INFRINGEMENT BY A WEBMASTER
PARTICIPATING IN THE WebCashForYou PROGRAM
If you are the holder, or authorized representative of the holder, of a copyright,
trademark, service mark, or publicity right that you have reason believe is being
infringed by a third party webmaster participating in the WebCashForYou program, please
click on this link, download the information page and fax or mail the completed page as
indicated: WebCashForYou Infringement Form.
11. 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.
12. 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.
13. 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.
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 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.
15. 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.
16. 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.
17. 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 persons use of the information.
18. 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.
Note:
Your Affiliate Program Application will be presented upon accepting this Affiliate
Program Agreement.
By joining any of our adult entertainment sites you agree to receive occasional
announcements via email regarding your membership.
Any additional questions or comments please contact support at chellaul.com or call
our number 1-801-665-6207
