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Terms of Service
This Agreement contains the complete terms and conditions which apply to your
participation as a member of the CashCore Affiliate Program operated by CashCore, Inc.,
(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 THE COMPANY. BY SUBMITTING AN APPLICATION FOR
ENROLLMENT IN THE AFFILIATE PROGRAM YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND
UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR
ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND THAT 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.
GENERAL TERMS APPLICABLE TO THE CashCore AFFILIATE PROGRAM
1. Enrollment in this Program. To begin the enrollment process, you will
submit a completed application through our website: CashCore.
In order to enroll and participate in the Affiliate Program, you must be over the age of
eighteen (18) years, or over the age of majority if you reside and/or conduct business in
states, provinces or countries where the age of majority is greater than eighteen (18)
years. You may not participate in the Affiliate Program in any way if you are not of the
age of majority in the state, province or country where you reside and/or conduct
business. Upon registration you'll be automatically enrolled in the Afilliate Program.
Afterwards, we will evaluate your application in good faith and will notify you of your
acceptance or rejection. We may reject your application if, in our sole discretion, we
determine that your site(s) are unsuitable for the Program for any reason. Our reasons may
include, but are not limited to, that we believe your site(s) incorporate images or
content that are unlawful, defamatory, obscene, harassing or otherwise objectionable. We
may also reject your application if we believe your site(s) facilitate illegal activity,
promote violence or promote or assist others in promoting copyright infringement or if you
provide incomplete and/or inaccurate information on your submitted application.
2. Responsibility for Your Site. While we will review your site(s) for
suitability in the Affiliate Program, you will be solely responsible for the development,
operation and maintenance of your site(s) and for all materials that appear on your
site(s). The Company, its directors, employees, partners or other affiliates shall have no
responsibility for the development, operation and maintenance of your site(s) and for any
materials that appear on your site(s). You shall also be responsible for ensuring that
materials posted on your site(s) 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(s) are not libelous or otherwise illegal
(including depictions of actual, implied or simulated bestiality, rape, incest, child
pornography, or any other content deemed inappropriate or illegal). You must have express
permission to use another party's copyrighted or otherwise proprietary material. We will
not be responsible if you use another party's copyrighted or otherwise proprietary
material in violation of the law.
If we determine that you have violated the Company's zero tolerance policy against child
pornography, your membership in the CashCore Affiliate Program, and any other program
under the administration of the Compnay, will be terminated . You will forfeit all monies
otherwise due you.
In addition to the foregoing, we will immediately terminate your participation in the
CashCore Affiliate Program, and any other program under the administration of the Compnay,
if we believe you have engaged in any of the following:
a) Any form of spamming including, but not limited to unsolicited email, IRC postings,
newsgroups, and/or instant messaging clients;
b) Publishing, transferring, reassigning, disclosing, distributing, or permitting any
other person to use your CashCore account;
c) Providing inaccurate or incomplete information to the COMPANY concerning your identity,
bank account, address or other required information;
d) Attempts to cheat, defraud or mislead us in any way;
e) Misrepresenting to the public the terms and conditions of the CashCore approved
websites or your site(s);
f) Promotion of CashCore or the CashCore approved websites on password sites, MP3 sites or
warez sites;
g) Owning or operating a website in connection with a person who is under eighteen (18)
years of age; and/or under the age of majority in states, provinces or countries where the
age of majority is greater than eighteen (18) years;
h) Inclusion of stolen or unauthorized content on your site(s).
3. Chargebacks/Refunds. CashCore.com reserves the right to cancel any
Webmaster’s account that has an unusually high number of charge-backs and refunds as
decided in the sole and unfettered discretion of CashCore.com. Any monies, which are due
to any Webmaster whose account has been terminated due to charge-backs and refunds, will
be forfeited as partial damages under the terms of this agreement.
4. Term of the Agreements. The term of this Agreement will begin upon our
acceptance of your 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 email, to your email 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 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.
5. 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 email, to
your address in our records, or notice posted on our site, is considered sufficient notice
to you of a change 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 modifications or a new agreement on our site, will constitute
your binding acceptance of the change in terms and conditions.
6. Relationship of Parties. You and the 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 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 COMPANY and the COMPANY expressly
disclaims responsibility for any conduct by you in violation of the terms of this
Agreement.
7. 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.
8. 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. You further represent and warrant 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 (i) the 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, any internet service provider or other person or entity
provide the COMPANY with notice that you have engaged in transmission of unsolicited
emails or have engaged in otherwise unlawful conduct or conduct in violation of any
internet 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.
9. Confidentiality. We may disclose to you certain information as a result
of your participation in the Affiliate Program which 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:
a) any modifications to the terms and provisions of this Agreement made specifically for
you or your site(s) and not generally available to other members of the Affiliate Program,
b) website, business, and financial information relating to the COMPANY, and
c) customer and vendor lists relating to the 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 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. Indemnification. You hereby agree to indemnify, defend and hold harmless
the 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"), insofar as the 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(s).
11. Disclaimers. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS
WITH RESPECT TO THE PROGRAM, ANY COMPANY SERVICES, OR ITEMS SOLD THROUGH THE PROGRAM
(INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, 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(S) WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE
FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
IN ADDITION, WE MAKE NO WARRANTY, EXPRESS 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 USE OR SUCH THIRD PERSON'S USE OF THE INFORMATION.
12. Miscellaneous. Terminated accounts, except as expressly provided in
Section 16 herein, cannot later apply to the Affiliate Program without our express written
consent. This Agreement will be governed by the laws of the Canada and the Province of
Bristish Columbia, without reference to rules governing choice of laws. The sole and
exclusive venue for any action arising under this Agreement will be the Provincial and
Federal Courts sitting in Victoria, British Columbia, Canada, and you hereby submit to the
jurisdiction and venue of such courts. You may not assign this Agreement, by operation of
law or otherwise, without our prior written consent. Subject to that restriction, this
Agreement shall be binding on, inure to the benefit of, and shall be enforceable against
the parties and their respective successors and assigns. 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.
TERMS SPECIFIC TO THE CashCore AFFILIATE PROGRAM
13. Single Application. We only allow one application per company or
individual. If you require more than one account, please contact us at a 1-866-256-6948 to
speak with a webmaster support representative.
14. Forms of Promotion. As the owner/operator of an affiliate website of the
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 (collectively referred to herein as "Links" or "the
Links") to CashCore approved websites, however, you CANNOT SPAM. Any activity by you
or on your behalf that we determine or reasonably suspect to be the result of an
unsolicited email program (opt-in mailings are permitted) will result in your immediate
termination from the CashCore Program and your forfeiting of monies otherwise due you
hereunder. Allowable promotional links may contain the COMPANY's trade names, service
marks, and/or logos for display on your Affiliate Site(s). Subject to the terms and
conditions hereof, you are granted a limited, non-exclusive, non-transferable and
revokable license to access and download such Links and other designated promotional
materials for placement on your Affiliate Site(s) for the sole and exclusive purpose of
promoting the CashCore approved websites. 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.
15. Commission Programs. As a participating member in the CashCore Program
you have two (2) forms of commission payout available to you: (a) payout based on
partnership; (b) payout based on webmaster referrals.
a) Payout based on partnership: We will pay you 60% of all revenue generated by traffic
you send to CashCore approved websites. We will deduct processing fees from your
payout. We will deduct from your account any fees for chargebacks, refunds, or
revokes.
b) Payout based on Webmaster Referral: We will pay you 5% of the revenues a webmaster you
refer to CashCore through your linking code generates. If referred webmaster's account is
terminated, you will not be paid on that webmaster's revenues.
16. Changes to Commission Programs. Commission rates and ratios are subject
to change from time to time, upon email notice to you and/or notice posted on our site.
Note that a commission will only be paid if the visitor to an CashCore approved site can
be tracked by the system from the time of the click on your Link to the time of the sale.
No commission will be paid if the visitor's payment to the CashCore Program cannot be
tracked directly to your site by our system or if full payment for services is not made by
the customer.
17. Commission Payment. Commissions due and owing to you under the CashCore
Program will be paid to you directly by CashCore twice a month. Pay periods run from the
1st of the month to the 15th, and from the 16th of the month to the last day of the month.
Payout is processed within 4 weeks after the end of the pay period. You have the option of
being paid by check, and ePassporte.
Your application for an account in the CashCore Program must include a verifiable street
address. We reserve the right not to send commission checks to post office boxes.
18. Insufficient Activity. If, as a participating member, you fail to send
traffic (i.e., uniques) to the CashCores Program for any consecutive sixty (60) day
period, we reserve the right to terminate your membership in the CashCore Program. If your
membership is terminated for this reason, you may apply for a new account.
19. Currency. All commisions paid to affiliates of the CashCore Affiliate
Program are done so in US Dollars.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. BY SUBMITTING AN APPLICATION FOR
ENROLLMENT IN THE AFFILIATE PROGRAM YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND
UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR
ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND THAT 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.
Termination Suspension
In addition to reasons for termination mentioned previously, We reserve the right to immediately terminate your account with Program, without notice to you, if at any time:
(1) you purchase or attempt to purchase any of our Site Names as a Google AdWord or any other similar advertising devices and or hi-jack/steal our Site Names within search engines in order to redirect the traffic with your affiliate linking code;
(2) providing fake account details, address, name; or phone number;
(3) referrals from your site(s) are subject to a high percentage of Invalid Subscriptions; chargebacks or cancellations;
(4) your site is affiliated with password trading and or re-sale;
(5) you are using cybersquatting tactics (variants, typos, or other domain extensions of our Site Names) in order to redirect traffic to our sites with your affiliate linking codes;
CashCore's Bulk Mail Policy:
ACCEPTABLE USE POLICY REGARDING BULK E-MAILINGS
SPAM IS PROHIBITED!
To comply with the new US Federal Law, CAN-SPAM Act of 2003 we will strictly enforce the
following policy.
We do not allow Webmasters to market websites under this program through the transmission
of unsolicited bulk e-mails, therefore it is extremely important that any mass e-mailings
by you conform to our policies. Moreover, you need to be aware of the fact that many
service providers have their own standards and policies when it comes to mass mailings to
their customers/members and you must comply with these policies as well (ie: AOL).
NO FALSE OR MISLEADING HEADER INFORMATION
(A) header information must be technically accurate, which includes an originating email
address, domain name, or Internet Protocol address.
(B) the `from' line must accurately identify the person who initiated the message, and
should not be false or misleading; and
(C) header information should not be misleading, it must identify accurately the computer
used to initiate the message, no relaying or retransmitting of messages for purpose of
disguising its origin.
NO DECEPTIVE SUBJECT LINES
(A) Any Email must have an "SEXUALLY-EXPLICIT:" warning in the subject line.
Starting May 19, 2004 sexually explicit e-mail will have to bear a label reading
"SEXUALLY-EXPLICIT:" and the messages themselves will not be allowed to contain
graphic material, according to new Federal Trade Commission rules.
Sender must EXCLUDE from the subject heading any sexually explicit words or visual
depictions. This is also the case for the “initially viewable area.” of the
email.
WEBMASTER MAILER REQUIREMENTS
Webmaster must have opt-in email addresses.
Webmaster must have a working remove link on all mailings.
Webmaster must not link directly to our servers from the email (use landing page).
To report spam, please contact us
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