By using or participating in any one of the Janix Inc. (hereinafter: the "Company") affiliate programs (the "Program" or "Programs") You, the user ("You"), are entering into this binding agreement ("Agreement") with the Company and its site called: SexDateCash.com (&ququot;SexDateCash", "We", the "Site"). BY PARTICIPATING IN THE SITE AND BY USING THE SITE YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO THIS AGREEMENT AND ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW.
JANIX INC. has a very strict Anti-Spam Policy.
All users must comply with each and every one of the terms of the Anti-Spam Policy, at all times.
Failure to comply with any one of the terms of the Anti-Spam Policy will lead to immediate termination of Your account and forfeiture of all of Your commission earnings!
1. Some of the content on the Site deals with mature subject matters, human sexuality, and explicit materials. If You are under the legal age of adulthood in Your state or country, if You are bound by Your country's law not to look at sexual material, or You are offended by sexually explicit material, You have no permission to, and should not enter this Site and should immediately leave this site. By using this site, You also agree and confirm that You will not redistribute this material to anyone nor will You permit any minor to see this material, or any other person who might find such material personally offensive. Continuing further means that You understand and accept responsibility for Your own actions, and that You hereby release the Company from all liability relating in any way to You, any actions that You may take or any activities in which You may engage that relate in any way to the Company or use of this Site. Please also note that none of the contents of this, or subsequent pages or links reflect upon the moral attitudes or legal responsibilities of those involved with this server, the Site or the Company, including their contributors, agents, clients or owners. You also verify that You are not accessing this material to use against the Company, the Site's operators, its affiliates or any other person or entity in any conceivable manner.
2. You hereby warrant and represent that You are over the age of 18 (21 in AL, MS, NE, WY, and any other location where 18 is not the age of majority), and in all respects You are qualified and competent to enter into this agreement.
3. The Site complies with 18 U.S.C. § 2257, and its regulations. To the best of The Site's knowledge, all subscribers, hosts,
models, actors, actresses or other persons that appear in any visual depiction of actual sexually explicit conduct (as that term is defined in 18
U.S.C. § 2256) appearing or otherwise contained in this Site were at least eighteen years old at the time of the creation of such depictions.
The owners and operators of this Site are not the primary producer (as that term is defined in 28 C.F.R. § 75.1(c)(2)) of any of the visual content contained in this Site. However, the Site may have copies of a record of the ages of those persons portrayed in any sexually explicit materials on this Site. THE SITE WILL NOT RELEASE THESE RECORDS TO ANYONE OTHER THAT THE ATTORNEY GENERAL OF THE UNITED STATE, OR HIS DESIGNATED REPRESENTATIVE, OR AS OTHERWISE REQUIRED BY OPERATION OF LAW.
4. All materials on the Site are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. The Sites' materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without a written permission from the Company. Subscribing to the Site does not grant any express or implied right to You under any of the Site's or its owner's trademarks, copyrights or other proprietary information. No representation is made that the materials available on the Site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
5. The Site enables You to share information with other users. You agree not to submit, publish, or display on the Site any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of these Terms and Conditions. You agree not to advertise to, or solicit, other users to buy or sell any products or services through the Site without obtaining their prior written consent. All messages shall be deemed to be readily accessible to the general public. Do not use the Site for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages posted on or emailed through this Site can and may be read by the operators of the Site, whether or not they are the intended recipient(s).
6. You hereby represent and warrant to the Site as follows:
(a) You are legally competent and have full authority to enter into this Agreement;
(b) Your website and all materials, content and services offered through and in associations with Your website do not and shall not at any time contain any of the following:
Material that violates any law, or regulation or promotes illegal activities of any kind including but not excluding: obscene materials and/or child pornography;
Content which is defamatory, libelous, hateful, abusive or harassing;
Content that promotes violence in any way;
Any form of sending unsolicited bulk, junk, spam email or any material, which contains viruses, worms, "Trojan horses", or any other destructive feature.
You hereby commit to comply with all of the terms of the Anti-Spam Policy of the Site and You understand that failure to comply with any one of the terms of the Site's Anti-Spam Policy will result in immediate termination of Your account and possible forfeiture of all of Your earnings as well as possible commencement of legal procedures against You.
(c) You will provide accurate and complete details regarding Your identity and personal details including but not limited to: Your full legal name, address, bank account or other required information. You understand that the Site will email You notices about the programs and Your account based on the information that You provide. In case Your information is incorrect and/or misleading, the Site will not be liable to fulfill any obligations that it may otherwise have to You pursuant to these Terms and Conditions.
(d) You will comply with all applicable federal, state and local laws in the performance of your obligations, including but not limited to regulations regarding: the forbiddance to engage in any activity that is considered spoofing, the forbiddance to send unsolicited emails (spam), the forbiddance to use a misleading header in the subject line of each and every email you send, having a valid removal link on each and every email you send and using a valid "from" address on each and every email that you send.
You will comply with all applicable federal, state and local laws, including the United States' "CAN-SPAM Act of 2003", in the performance of your obligations. This includes, but is not limited to, all applicable laws that relate to sending solicited and unsolicited commercial e-mails ("spam"). More specifically, among any other legal requirements, You agree: (i) not to send unsolicited e-mail messages in violation of any applicable laws or Janix's anti-spam policies; (ii) to include clear and conspicuous identification of unsolicited e-mail messages as "advertisement" or "solicitation;" (iii) to provide a reply address or other Internet mechanism to permit e-mail message recipients to opt-out of receiving additional e-mails about the Company's products and services; (iv) not to send additional e-mail messages about the Company's products and services to recipients that have opted not receive such messages; (v) to include a valid postal address with unsolicited e-mail messages; (vi) to have a valid "from" address on any e-mail that You send; (vii) not to use a false or misleading header in the subject line of any e-mail that You send; (viii) not to engage in any activity that is considered "spoofing;" (ix) not to engage in any activity that is considered "harvesting"; (x) not to engage in any activity that is considered a "dictionary" attack; (xi) not to use a computer without authorization to send e-mail messages; (xii) not to use header information or engage any activity that fails to accurately identify the computer used to originate the message; and (xiii) not to send unsolicited sexually oriented material without proper warning labels and notices.
(e) You hereby declare that each and every email address submitted by You, as well as each and every promotion or any other type of email that You send, has originated with a customer of Yours and has not been created or obtained fraudulently. You further commit and declare that all of the emails You send are comply with the requirements of the Company's Anti-Spam Policy, and that You will only send emails to consenting users who have double-opted-in to Your lists.
(f) SexDateCash.com does NOT allow its affiliates to advertise by email any of the sites appearing in the SexDateCash.com programs (below). If you wish to advertise other Janix Inc. sites that are NOT part of the SexDateCash program sites by means of email, please click the relevant button on the Site in order to send a request. Your request will need approval, for which you will be contacted by one of the company's representatives.
7. Terms of Rights to Use:
We hereby grant to You the following non-exclusive, non-transferable, revocable rights and permissions:
(a) To create authorized links from Your website to one of the sites on the program. You will receive a commission or referral fee for referrals of traffic, according to the hereinafter terms as well as the terms stated on the Site itself.
(b) To display materials on Your website, including but not limited to: banners, content; text links; images and text, solely for the purpose of promoting the sites on the program. You hereby acknowledge and agree that the Site owner is, and shall remain, the exclusive owner of the materials mentioned above, and that these materials may not be copied, reproduced, altered, modified, changed, broadcast, distributed, transmitted, disseminated or offered for sale or rental in any manner, at any time, unless authorized and consented to in writing by the Company.
8. You hereby agree that the permission granted to You by the Company to participate in the Program and in the Site may be terminated or revoked at any time for any reason, or for no reason, upon notice from the Site/Company. You hereby agree that upon receipt of such notice You will immediately cease using any materials and/or emails related to the sites on the Program as well as remove all such materials and references to the Company and/or the Site and/or the sites on the Program from Your websites and any promotional, advertising or marketing materials of any kind relating thereto.
9. The Site's Program:
(a) The Company manages the Program of the following sites (these sites are the sites that are currently on the Site's program. The
Company may add and/or delete sites from the Program at any time and at its own and sole discretion):
LIST ALL WEBSITES HERE
Network and a Webmaster Referral Program.
(c) Banners of sites that are no longer included in the Program will be gradually switched to banners of sites, which are then-currently in the Program.
Important: Your right to receive commission payments is subject to, and conditioned upon Your complying with all of the provisions of this Agreement and these Terms & Conditions as well as with all the terms of the Company's Anti-Spam Policy. Failure to comply with any of the provisions contained in this Agreement and these Terms & Conditions or with any of the terms in the Anti-Spam Policy will result in termination of Your account and possible forfeiture of Your commissions.
(a) Payments normally are made twice monthly (30 or 31 days). The Site has two pay-periods as follows: (i) From the 1st to the 15th of every calendar month; and (ii) From the 16th to the end of the calendar month. Payments that are made by check are mailed within 15 business days of the end of the pay-period. In the event of a delay, for any reason whatsoever, in payment by the Site's third party processor(s) to the Company, the Company shall have such reasonable amount of time after receipt of such payment to make any required commission payments to You. In no event shall the Company be obligated to make any commission payments to You until such time that it receives payment from the Company's processor(s) for referred Sign-Ups to the site referred by You (as defined below).
(b) The minimum amount that You may earn from referring referred Sign-Ups which will entitle You to receive a commission payment by check, is US $100 (unless You choose a higher amount). If You do not earn US $100 in the pay-period Your commission earnings will "roll-over" to subsequent pay-periods until You accumulate a minimum of US $100 in commissions. In the event that You choose to terminate Your account before You earn US $100 (or the higher amount You chose), upon termination You will be entitled to receive the actual amount of commissions that You earned not including any bonuses that You earned pursuant to these Terms & Conditions.
(c) In the event that Your account is terminated by the Company for any reason within the sole and absolute discretion of the Company other than for Your violation of any of the provisions of this Agreement and Terms & Conditions and/or the Company's Anti-Spam Policy and/or for Your fraudulent activities and/or for actions enumerated in this Section 10 below as to which you agree to forfeit all commissions that You may have earned prior to termination for such violation(s), You shall not be eligible to receive, nor shall the Company be obligated to pay You, any outstanding commissions under US $100 and You shall not be entitled to receive, nor shall the Company be obligated to pay You, any bonuses.
(d) In case Your account was granted a bonus of any kind, and Your account was terminated, either by the Company or by You, it is hereby clarified that You will not be entitled to receive the bonus or any part of the bonus.
(e) The Site's commission payment scales are as follows:
Webmaster Referral Program:
Referral Fees: Affiliates will receive 10% commission on sales per active affiliate they refer to SexDateCash. The referral is only valid if the referee signs up using the affiliate referral link provided in the SexDateCash Links Page. Affiliates attempting to use existing affiliates as references do not qualify. If an existing affiliate cancels an original account and applies for another, the referral program does not apply. If you refer an affiliate that is found breaking the TOS, committing fraud or blatantly ignoring any rules set forth, an investigation will commence and if the affiliate is found guilty; their account(s) will be terminated, no monies will be paid to offending affiliate or referring webmaster. SexDateCash will not tolerate ongoing fraudulent referrals. If any affiliate is found referring multiple fraudulent accounts, SexDateCash reserves the right to suspend the referral program for an undetermined period of time as well as the referee to conduct a proper investigation.
Please note that the Site's Webmaster Referral Program pays only for traffic brought by webmasters You refer, and is not a second or
third generation referral program. Moreover, the Site's Webmaster Referral Program does NOT pay for any cross-sales between the sites promoted in
the Site's program.
Revenue Share Program:
For referrals to sites in which payment for referred Sign-Ups is made through the Company's third party dialer processor (Goodthinxx), the Site will share with the referring affiliate the revenue from every referred Sign-Up as follows: The referring affiliate will be entitled to 35% of the money earned from the referred Sign-Ups.
This revenue share Program is also subject to the Terms and Conditions of the third party dialer processor (Goodthinxx). To obtain more information, You must read the Terms and Conditions of the third party dialer processor (Goodthinxx).
The Site will track the number of Your referred Sign-Ups that have paid through the third party dialer processor (Goodthinxx) and will
present to You the statistics of Your commission earnings obtained from the dialer.
Represented statistics of your dialer earnings are updated every day, on the previous day's earnings (for example: on Monday you will be able to see your earnings of Sunday). It is clarified that the Site may choose to refer your traffic to any of the sites, at its sole discretion.
You understand and agree that the Site may choose to refer Your traffic to any of the Company's sites, at the Company's sole discretion.
(e) A referred Sign-Up shall mean a referred user that has done all of the following: (i) signed up for the first time to one of the sites in a Program; AND (ii) has paid for that site's services; AND (iii) remained a paying subscriber in that site (i.e. did not cancel the membership) for a minimum period of 5 days from the subscription. The Site maintains a ratio of the referred Sign-Ups out of all of the first time paying subscribers on the site (the "Ratio"). The Ratio is updated every 60 days based on the previous 60 day period. Your statistics of referred Sign-Ups will show the number of Your referred paying users multiplied by the Ratio.
(f) The Company reserves the right to change the terms of the Programs, as well as the payment scales, at any time and in its sole and absolute discretion. Any and all changes will be applicable and valid upon posting of the terms on the Site without further notice.
(g) Only the Company's records shall determine Your eligibility to receive commission payments as well as the amounts of the payments. Under no circumstances shall the Company or any person associated with the Company or Site be obligated to reveal any of its records to You or to any third party, except as may otherwise be required by law.
(h) The Company shall not be obligated to make any commission payment to You unless and until (i) We can track the subscriber that You refer directly to Your site and (ii) full payment for services is made to the Site by the subscriber that You refer.
(i) In the event that We determine in our sole and absolute discretion that You are engaged in any fraudulent activity such as participating in the Program in bad faith and/or cheating the Program and/or providing false or misleading information, the Company shall have the right, in its sole and absolute discretion, to cancel Your participation and terminate Your account, in any and all Programs, at any time, without prior notification, and to withhold all Your commissions earnings in the Program(s) in which You participated. If you wish to perform a test signup you must first e-mail the Site at: sponsor@SexDateCash.com with the information of the tested credit card, and receive the Site's written approval; failure in doing so may lead to termination of your account due to suspected fraud activities. You also acknowledge and agree that You shall not be entitled to payments for any referred Sign-Ups which the Site determines are the result of possible fraudulent activity. You further acknowledge and agree that the Company shall have the right, in its sole and absolute discretion and at any time, to expand or modify what it determines to constitute fraudulent activity. Without limiting the foregoing, possible fraudulent activity shall include in addition to the above and, without limitation, the following circumstances or activities: (i) use or the attempted use of a credit card that is listed in a negative credit card database; (ii) multiple attempts to register or subscribe from a credit card using the same bin number and sequential or multiple number strings to complete the credit card number.
(j) You understand and agree that any of the following actions by You or anyone under Your control will result in Your account(s) being immediately terminated and all of Your unpaid commissions and earnings being forfeited:
Sending ANY promotional emails on behalf of the sites that participate in the SexDateCash.com programs;
Sending unsolicited bulk email, Newsgroup, Chatroom or any other forms of SPAM activities;
Promoting content such as: bestiality, child pornography, rape, violence, or any other illegal activity;
Attempting to defraud the Company in any way;
Providing incorrect or incomplete account information;
Violating or infringing any rights of any person or entity, including without limitation, any copyrights, trademark rights, patent rights, rights of publicity, privacy rights or any other intellectual, personal or property right;
Not having a valid removal link on each and every email you send;
Not using a valid "from" address on each and every email that you send.
(a) Only the Company's files and records will determine relevant statistics including but not limited to: Your commission earnings, the number of Your referred Sign-Ups, etc. You must notify the Company, in writing, of any objections or claimed discrepancies, within 15 days of the last pay-period; Your failure to notify the Company in such timely manner shall mean that You have permanently waived any objections or claims that You might otherwise have had.
(b) Statistic reports will be available only on the current sites. Statistic reports regarding Your commission earnings (prior to the change) from sites that are still a part of the Program, will also be detailed in the statistic table of the site.
(c) Statistics reports on sites that are no longer a part of the Program will be detailed in the top of the statistic table: Running Total.
12. NON-ASSIGNABILITY /THEFT OF LOGIN:
You shall not assign or transfer any rights that You may have under this Agreement to any other person or entity. Any assignment, or attempted assignment, by You shall automatically terminate any rights that You or Your assignee may otherwise have under these Terms & Conditions, including but not limited to any rights to the payment of commissions.
You must promptly inform the Site of any apparent breach of security. Until You notify the Company by email or by telephone of any breach in security, You shall remain personally liable for any unauthorized use of the Site or its service caused by You. You shall be personally liable for, and shall defend against, indemnify and hold harmless the Company, the Site and the Site's owner from any and all claims or damages (including loss of profits, loss of property, fines and penalties), losses and costs (including attorneys' fees) resulting from any attempted or actual unauthorized downloading or other duplication whether solely by You, Your agent(s) or representative(s), or through or by any other person or governmental agency due to Your willful or negligent act(s).
13. TERMINATION/ CANCELLATION:
Either You or the Company may terminate at any time, and without cause, Your account on the Site, upon notification of the other party by email.
14. Book Marking:
15. Additional Terms and Conditions:
(a) You agree to be bound by the Terms and Conditions of the Site, as well as the specific rules and regulations of each Program.
(c) You acknowledge and agree that the Site makes no guaranties or warranties of any kind with respect to the Programs; that the Programs are provided to You "as is"; and that Your participation in the Programs and use of the Programs, is solely at Your own risk.
(d) You understand and agree that the Site may, in its sole and absolute discretion, share selected personal information with third parties for data verification and supplementation purposes.
(e) The Site does not monitor, supervise or review, and shall not be responsible for any content appearing or otherwise distributed on, at or in association with Your website. You hold the full and sole responsibility and liability for the decision to display or include content on Your website, to distribute or make the content available to the viewers of Your website in various geographical areas, and for all decisions relating to the manner in which You permit or restrict access to Your site.
(f) This Agreement constitutes the entire agreement between You and the Site with respect to the subject matter hereof, and supersedes and cancels all other prior agreements or representations, written or oral.
(a) THE MATERIALS ON THE SITE AND ITS AFFILIATED SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. CASH OFFERS, OR ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. THE COMPANY, THE SITE AND/OR THE SITE OWNER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE.
(b) THE COMPANY, THE SITE, AND/OR THE SITE OWNER MAKE NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS OR SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO YOU OR ANYONE CLAIMING THROUGH YOU, YOU SHALL ASSUME THE ENTIRE COST AND RESPONSIBILITY FOR SAME.
(c) YOU WILL INDEMNIFY AND HOLD HARMLESS THE COMPANY, THE SITE, THE SITE OWNER AND ALL OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES OR EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THE USE OF OR PARTICIPATION IN THE PROGRAM, THE SITE OR THE INFORMATION CONTAINED THEREIN.
(d) Under no circumstances shall the Site be held liable to You, any affiliate, user, participant and/or other third party for any direct or indirect damages and/or losses, that may arise due to "downtime" and/or unavailability of the Site or the programs.
17. You are hereby advised that every agreement You enter into, as well as this Agreement, should be reviewed by Your attorney. You acknowledge and agree that nothing herein prevents or deters You in any way from seeking such legal advice before entering into this Agreement.
By using or participating in the Program You are acknowledging that You have read and agreed to all of the terms and conditions, set forth above.
The Site is a 3rd party affiliation program. All of the Site's participants are required to comply with our strict Anti-Spam Policy and are prohibited from sending any unsolicited emails known as "spam", to solicit, promote their site or otherwise attract traffic or business.
If You are on the receiving any of such unsolicited email, please notify us so that We may take appropriate action against the responsible party. Please note that SexDateCash.com itself does NOT allow its affiliates to advertise by email any of the sites appearing in the SexDateCash.com programs (below).
Although many times we are not responsible for such emails, we certainly can take action against the violators of our Terms and Conditions and Anti-Spam Policy, and terminate the accounts of spammer.
Please notify us of any spam by sending an email to: abuse@SexDateCash.com