1. Participation & Enrollment. In order to enroll
and participate as a Webmaster in the Program, you must be over eighteen (18) years of age
(21 in some jurisdictions) and you must supply a valid, working url to an existing adult-oriented site.
The site must be in English or have an English version available. We check the url entered and if it is not a valid, working url or does not meet our requirements,
we will delete your account. We do not accept webmasters using non adult freehosts such as geocities, tripod, and angelfire. We will not accept sites that are under construction and we absolutely do not accept sites containing (whether direct or indirect references to) child pornography or other child sexual exploitation or abuse, bestiality or animal sexual exploitation or abuse, violence, incest, negative references to individuals or groups or material that condemns any race, religion or culture, rape, satanic references or blasephemy
whether the content is in graphic depiction or text form. If your site incorporates such content as aforementioned or other images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote passwords, MP3, Warez or promote or assist others in promoting copyright infringement or
any other form of unacceptable content (collectively known as, “Content Restrictions”) your account will be deleted and promptly reported to the proper authorities.
Once enrolled, you must be an Active Webmaster. An active Webmaster is defined as a Webmaster that has generated
at least 1 valid sale in a 120 day period. Webmasters determined to be inactive will have their accounts terminated.
If Affiliate is an entity (i.e., corporation, limited liability company, etc.) all individuals employed or associated with Affiliate in any way are over the age of eighteen (18) years; and
the individual who provides information pursuant to the Program and accepts this Agreement has full, lawful power and authority to enter into and to carry out the terms of this Agreement.
Due to excessive fraud attempts, the Program does not allow webmasters who reside in the following countries to participate in our program:
Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croatia, Czech Republic, Estonia, Georgia, Hungary, India, Indonesia, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, North Korea, South Korea, Kyrgyzstan, Latvia, Lithuania, Malaysia, Moldova, Pakistan, Philippines, Romania, Russia, Singapore, Slovakia, Slovenia, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, and Yugoslavia or any other country or place that viewing, downloading
or the use of materials from the Program would or could reasonably constitute a violation of any law, regulation, rule or custom.
Exceptions will be made to these guidelines on a case-by-case basis and approval will be given at the discretion of the Program.
If you are an honest and established webmaster residing in one of the countries listed above and would like to be interviewed for possible inclusion into the Program, email management@nichegreen.com.
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 or determine that your site is unsuitable for the Progrom for any reason. Excessive signups to the program will result in termination whereas 'excessive' is determined at the discretion of the Program.
2. Privacy Policy.
The owners of this Program do not sell, rent or give away email addresses or other private information to other parties except to appropriate authorities where release is required by law, for example, a subpoena or regulation or where your communication suggests possible harm to others. All information you send us is for our own records only. We do not send spam or junk emails, however, as an affiliate you agree to receive occasional newsletters pertaining to our Program. You will be subject to CCBill's privacy policy, which can be found at CCBILL CLIENT TERMS AND CONDITIONS.
3. Promo Materials and Grants.
You may NOT hot link any of our banners from our server, except from the designated materials supplied with Hosted Linking codes and you must use the codes exactly as supplied.
If we determine that you are hotlinking outside of the terms, your account will be terminated without pay.
the Program grants Affiliates a limited nonexclusive, nontransferable and revocable license to access and download promotional banners, and other promotional materials created and owned by the Program for use on Affiliate Web sites for the exclusive purpose of advertising, marketing or promoting Program Web sites.
Affiliate may post as many of these banners and other materials on its site(s) as desired.
the Program owns and retains all rights, title and interest in and to its intellectual property, copyright, trademarks, patents, and in the files, promotional banners and other material provided by the Program, including all images therein.
Upon termination of Affiliate's participation in the Program and/or termination of this Agreement, the grant of right and license set forth above, shall cease and terminate, and Affiliate shall immediately remove all Program files, banners, ads, content and any and all other Program intellectual property, copyrighted material, trademarks, and patents, if any, from Affiliate's Web sites.
Affiliate is NOT authorized and shall NOT change the Program's file names, trademarks, design logos, banners, ads or other material for any purpose other than as expressly set forth herein or in any modification to this Agreement.
Affiliate specifically acknowledges and agrees that, aside from making thumbnail images of the full size image which is acceptable, that it shall NOT modify, edit, resize, redact, or otherwise change any of the Program's file names, trademarks, design logos, banners, ads or other material for any purpose whatsoever.
Affiliate further acknowledges and agrees that any such change or changes will be a material breach of this Agreement and shall constitute an infringement of the Program's copyrighted and/or trademarked intellectual property.
Affiliate shall only use and promote on Affiliate Web sites the Program's approved advertising banners, links, and other promotional materials. As Federal Record Keeping and Labeling Requirements and general industry compliance guidelines and practices change, the Program may from time to time
determine that changes must be made in its policies of what graphic depictions on promotial materials are acceptable for affiliate marketing, and therefore
need to update its ensemble of promo materials made available to affiliate webmasters. This means that all affiliates must also update and remove
any outdated or no longer compliant promo materials. If any such changes are made, affiliates will be notified.
It is important to note that the failure to comply with Federal Record Keeping and Labeling Requirements and general industry compliance guidelines could result in up to 5 years in jail, civil fines,
or a combination of civil and criminal penalties. Therefore, since it is so important to stay updated with these regulations, any affiliates found displaying promo materials deemed no longer appropriate by the Program will have their accounts terminated without pay.
4. Payments.
Payment processing for the Program is handled by CCBill and is subject to CCBill's terms of payment, which can be found at CCBILL CLIENT TERMS AND CONDITIONS . Provided You are at all times in compliance with all the terms of this Agreement and theirs, for each visitor to websites of the Program who enters through a Link from Your Site, or as a result of Your email solicitation, and subscribes to any website in the Program,
You will be paid an amount equal to fifty percent (50%) of the revenue actually received by us (after processing fees) from customers who come to us from your Links (the "Commission Rate"). The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing the 30-days following such notice. Net Income in a given monthly reporting period may be reduced for credit card charge backs or credit backs resulting from prior months' activities. The tracking and payment of Commissions under the Program is handled by CCBill.
CCBill provides You with a password for online access to an electronic report detailing the number of sales for a given reporting period. You agree to keep such password confidential and not to disclose it to any third party or allow any third party to use it. Accurate tracking and reporting of sales are subject to proper installation and formatting of the Links on Your Site in accordance with CCBill's instructions. Should a dispute arise regarding Referral Fees payable hereunder, CCBill's records shall govern in determining sales and payments owed hereunder in connection therewith. You may not use any automated signup mechanisms or any mechanisms that may fraudulently inflate the number of sales.
You shall be responsible for, and shall pay when due, all taxes and similar charges based on or arising from payments made to You hereunder. It is the reponsibility of the affiliate webmaster to report any and all income that you receive from the Program to the IRS, regardless of whether or not you have received a 1099 from the Program. Failure to provide appropriate tax documentation, as may be requested by the Program or CCBill from time to time, will result in Referral Fees otherwise payable hereunder being withheld.
Checks are mailed out every Tuesday by CCBILL. CCBILL's payouts are approximately two weeks after the billing week. All questions regarding disbursement of funds, applicable taxes, changes to payment details, etc., should be made directly to CCBILL.
We reserve the right to terminate any account and decline funds for any affiliate participant that we deem is participating in illegal and improper activities or otherwise violating the terms of this agreement.
5. Unacceptable Traffic.
If you send hits or cause hits to be sent from any site which contains child pornography or other child sexual exploitation or abuse, bestiality or animal sexual exploitation or abuse, violence, incest, negative references to individuals or groups or material that condemns any race, religion or culture, rape, satanic references or blasephemy whether the content is in graphic depiction or text form or if your site incorporates such content as aforementioned or other images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote passwords, MP3, Warez or promote or assist others in promoting copyright infringement or any other form of unacceptable content (collectively known as, “Content Restrictions”)
your status as Webmaster will be revoked, your account cancelled and all monies due to you will be forfeited as partial damages for violation(s) of the Program’s terms and services relating to unacceptable traffic. Further, the Program does not accept traffic from any site that contains materials which constitutes an infringement, misappropriation or violation of any individual’s or entity’s intellectual property rights including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc.
6. Spamming.
The Program has a ZERO TOLERANCE policy relating to “spamming.” No spamming of any kind, whatsoever, is permitted to any of the Program’s site, including IRC. Participation will be terminated without notice if in the sole and unfettered discretion of the Program it is concluded that you have engaged in the use of any form of mass unsolicited electronic mail solicitations, news group postings, password selling or trading, warez, adware, spyware, malware marketing, IRC positing or any other form of “spamming.” Further, upon termination, all funds otherwise due to you under the terms of this agreement will be forfeited as partial damages for violation of the terms of this Agreement. Should any law enforcement agency, internet service provider or other individual or entity provide the Program with notice that you have engaged in the transmission of unsolicited e-mails the Program reserves the right to cooperate in any investigation relating to your activities, including the disclosure of your account information in connection therewith.
AFFILIATES WISHING TO SEND TRAFFIC TO THE PROGRAM SITES VIA ELECTRONIC MAIL PROMOTIONS MUST DO SO IN COMPLIANCE WITH THE CAN-SPAM ACT, THE FTC's FINAL RULE REGARDING SEXUALLY EXPLICIT COMMERCIAL EMAIL AND THE TERMS LISTED BELOW:
1) All email must include the mark SEXUALLY-EXPLICIT: (in
this exact form) in the subject heading. This mark in the
subject line must be in ASCII format.
2) The SEXUALLY-EXPLICIT: mark must also be included in
the initially viewable area (termed the "brown paper wrapper")
of the email message. The initially viewable area of the
message is defined as the portion of the message that is
immediately visible to the recipient without taking any
affirmative action to view the message, like scrolling down
or clicking a link that leads to the sexually explicit material.
3) Sender must EXCLUDE from both the subject heading and
intially viewable area of the message any sexually explicit
words or visual depictions. Therefore, the subject heading
and initially viewable area must EXCLUDE words and/or images
that depict the following:
Actual or simulated -
(A) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal penetration, whether between
persons of the same or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Sadistic or masochistic abuse; or
(E) Lascivious exhibition of the genitals or pubic area
of any person.
4) In addition to the SEXUALLY-EXPLICIT: mark, the initially
viewable area of the email must also include the following:
a. clear and conspicuous notice that email message is for
an advertisement or solicitation
b. clear and conspicuous opt-out instructions and link
c. functioning return email address or other internet based
mechanism to opt out;
d. clear and conspicuous valid physical postal address of
email sender; and
e. instructions as to how to access the sexually explicit
materials.
7. Fraudulent Activity and Chargebacks.
You acknowledge and agree that the Program shall have the right, in its sole and exclusive discretion, at any time to expand or modify what it determines to constitute possible fraudulent activity and has the right to deny or withhold payment from Affiliate, and to terminate Affiliate from the Program, if there is an abnormal number of chargebacks or cancellations of memberships or subscriptions which have been referred to the Program's websites through Affiliate's Web sites. The Program and it's subscription processor shall determine, in their sole and absolute judgments, what constitutes an abnormal number of chargebacks or cancellations of memberships or subscriptions.
8. Modification to Terms of Service and Reservation of Rights.
The Program shall have the right to modify any of the terms and conditions contained in this Agreement at any time and in its sole and unfettered discretion. Notice of any change in the terms and conditions by e-mail, to the e-mail address contained in the records of the Program, or by the posting on a Program’s website of a change notice is considered sufficient notice of a modification to the terms and conditions contained in this Agreement.
Modifications to the Terms of Service may include, but are not limited to, changes in the payment of fees, payment procedures and participation rules. Any such modification shall be effective 48 hours following service of notice as provided hereinabove. Should you find any modification to be unacceptable, your only recourse is to terminate your status as Webmaster with the Program. Your continued participation following the posting of a change notice shall constitute acceptance of any and all changes and shall be binding.
The Program reserves the right to cancel this program at any time. The Program shall not be liable for any losses due to server downtime, net congestions and any and all similar and like occurrences or difficulties. All the Programs materials, including but not limited to all advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property provided to you by the Program as part of this program shall remain the property of the Program and may not be copied, reproduced, altered, modified, changed, broadcast, distributed, transmitted, disseminated, sold or offered for sale in any manner except as expressly authorized in writing by the Program.
Should any law enforcement agency, internet service provider or other individual or entity provide the Program with notice that you have engaged in the transmission of unsolicited e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider’s terms of service, the Program reserves the right to cooperate in any investigation relating to your activities, including the disclosure of your account information in connection therewith.
9. Representations and Warranties and Indemnification. Affiliate hereby represents and warrants each of the following:
7.1 That if Affiliate is an individual person, he/she is over the age of eighteen (18) years (21 in some jurisdictions);
7.2 This if Affiliate is an entity (i.e., corporation, limited liability company, etc.) that all individuals employed or associated with Affiliate in any way are over the age of eighteen (18) years; and
7.3 That the individual who provides information pursuant to the Program and accepts this Agreement has full, lawful power and authority to enter into and to carry out the terms of this Agreement.
You further 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 and you 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, internet service provider or other individual or entity provide the Program with notice that you have engaged in the transmission of unsolicited e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider’s terms of service, the Program reserves the right to cooperate in any investigation relating to your activities, including the disclosure of your account information in connection therewith.
You hereby agree to indemnify, defend and hold harmless the Program, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' and any other professional fees and costs) of any nature whatsoever incurred or suffered by the Program, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns (collectively the "losses"), in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties or covenants. You shall cooperate as fully as reasonable required in the defense of any claim. The Program reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you and you shall not in any manner settle any matter without the express written consent of the Program.
10. Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the County of Travis, in the State of Texas. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.
11. Acceptance and Execution of Agreement.
By signing up for the Program on the Join Page, and by supplying the Program with all the information required to create an account on the Program
and sign you up as a Webmaster, you are acknowledging that you have read, accept and agree to all of the terms and conditions, promises, warranties, duties and obligations set forth in the above agreement and agree to be bound by the terms thereof.
Last modified August 28th, 2006
