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Welcome to AltPornGold. Before you canbecome a participant in the AltPornGold
Program ("Program") you must first read and agree to all
of the following terms and conditions. Please read the
following CAREFULLY. This is a binding legal agreement
("Agreement") between AltPornGold.com, d/b/a AltPornGold
("AltPornGold", "we", or "us") and you
("You").
The following offer to You to
participate in the Program is subject to all the terms,
conditions, limitations and waivers below. You
acknowledge and agree that by participating in the
AltPornGold Program You will be bound by all the terms
and conditions in this Agreement.
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1. Rights Granted To You
By Us. Subject to the terms and conditions set forth in
this Agreement by Us, We grant to You, the
following: |
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1.1 The non-exclusive right to
direct, refer or send visitors or users of Your
Website to websites owned, operated or controlled
by AltPornBucks.
1.2 A limited
nonexclusive, nontransferable and revocable
license to access and download promotional
banners, and other promotional materials created
by AltPornGold for use on Your Website for the
exclusive purpose of advertising, marketing or
promoting websites owned, controlled and/or
operated by AltPornGold; however, the license
herein granted shall automatically and immediately
cease upon the termination of this
Agreement. |
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2. Your Warranties To
Us. In consideration of AltPornGold providing You with
Program benefits, You agree and warrant as
follows:
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2.1 That You will at no time
while You are participating in the Program, or
using any materials provided to You by Us,
directly or indirectly display or include on Your
Website any advertising or advertising links of
any kind which promote AltPornGold sites, other
than those advertisements or ad links which have
been pre-approved by Us, in compliance with this
Agreement, and which advertise AltPornGold or
other sites, companies, products or other wide
area network addresses which We
designate.
2.2 That You will not use any
form of mass unsolicited electronic mail
solicitations, newsgroup postings, IRC posting or
any other form of "spamming" as a means of
promoting Your Website or for the purpose of
directing or referring users to any websites
owned, operated or controlled by Us. That when
promoting via the use of e-mail, you will comply
with the United States CAN-SPAM Act of 2003 (the
text of which is currently posted at
http://www.spamlaws..com/federal/108s877.php?).
You further acknowledge and agree that We have the
right to immediately, and without notice,
terminate your participation in the Program if We,
in our sole and exclusive judgment, conclude that
you have engaged in the use of any form of mass
unsolicited electronic mail solicitations,
newsgroup postings, password selling or trading,
warez, IRC posting or any other form of
"spamming". NOTE: WE HAVE ZERO TOLERANCE FOR
SPAMMING. IF YOU SPAM, YOUR PARTICIPATION IN THE
PROGRAM WILL BE TERMINATED, YOU WILL BE BARRED
FROM FUTURE PARTICIPATION IN THE PROGRAM AND ALL
FUNDS OTHERWISE DUE TO YOU WILL BE FORFEITED TO
THE COMPANY.
2.3 That You will not copy or
reproduce, alter, modify or change, broadcast,
distribute, transmit or disseminate any banners or
other promotional or advertising materials
provided to You by US pursuant to this Agreement
and the Program in whole or in part, in any
manner, at any time anywhere in the World except
as authorized by Us in writing;
2.4 That
you will ONLY use Promotional Pictures and Images
Provided by AltPornGold.com to promote sites that
are included in the AltPornGold.com affiliate
program
2.5 That You will not include, or
link to, any of the following within a website
that contains AltPornGold banners or links; or,
directly or indirectly, link any of the following
content or material to any AltPornGold website
through any hyperlinks maintained or created on
Your Website:
(i) Obscene material,
including without limitation any material
depicting bestiality, rape or torture.
(ii)
Any material which is displayed or transmitted in
a way as to constitute harmful matter or indecent
communications to minors;
(iii) Any
material in which persons under the age of
eighteen are depicted in actual, simulated or
suggestive sexual situations;
(iv) Any
material not fully in compliance with 18 U.S.C.
Sec. 2257 et seq.;
(v) Any material which
constitutes child pornography or matter which
involves depictions of nudity or sexuality by an
age inappropriate-looking performer (i.e. someone
who looks younger than 18 years of age), or by a
performer who is portrayed or made to appear to be
a person under the age of 18 years of age by
virtue of the script, make-up, demeanor,
costuming, setting, etc. Prohibited material
mentioned herein includes the use of the term
'lolita' for any purpose in any fashion including,
but not limited to, within meta-based
tags.
(vi) Any material which is
threatening, abusive, hateful, defamatory,
libelous, slanderous, scandalous or injurious to
the reputation of any person or
entity;
(vii) Any material which
constitutes an infringement, misappropriation or
violation of any person's intellectual property
rights such as copyrights, trademark rights,
rights of publicity, patent rights, personal
property rights, privacy rights or other rights;
or
(viii) Any program, file, data stream or
other material which contains viruses, worms,
"Trojan horses" or any other destructive feature,
regardless whether damage is intended or
unintended, which may cause damage to any computer
equipment, loss or corruption of data or programs
or inconvenience to any person.
2.6 That
all materials of every kind, including
photographic, videographic, audio and textual
materials used in direct or indirect association
with materials provided through the Program shall
only be transmitted, distributed, broadcast and
otherwise disseminated by You to willing adults
and shall at all times comply with contemporary
community standards in the communities into which
they are so disseminated.
2.7 That You
shall remain a Program Participant until You
terminate participation in the program by
notifying AltPornGold by E-mail at
"Webmaster@AltPornGold.com" of Your intent to
terminate Your participation; or Your
participation in the Program is terminated for any
reason; or the Program is terminated for any
reason.
2.8 That You will remain a Program
Participant in good standing at all times You are
receiving benefits or are otherwise participating
in the Program.
2.9 That You shall cease to
be a Participant in good standing and shall be
subject to immediate termination of all Benefits
without prior notice if You fail to perform under
or breach any part of this Agreement.
2.10
That if Your participation in the Program is
terminated for any reason, You cease to be a
Program Participant in good standing, You change
Your Website's URL or You cease to offer services
on the Internet, You shall immediately and
permanently cease all use of all materials
provided to You by Us through the Program and that
you will remove all files containing materials
provided to You pursuant to the Program from your
website.
2.11 That You are a person over
the age of eighteen (18) years.
2.12 That
You are the person who owns or is otherwise is
entitled to contract on behalf of the entity which
owns the rights to the Your Website.
2.13
Those residing in the United States, only citizens
or resident aliens of the United States may
participate and must supply AltPornGold with a
Federal Tax ID or Social Security Number that is
representative of, and exactly matches the Payee
Name you provide. Your failure to supply that
information will constitute a basis for
terminating this agreement and for forfeiting any
commissions or fees to which you would otherwise
be entitled under this Agreement. To comply with
IRS reporting requirements, AltPornGold (via
AltPornGold.com) uses a credit agency to verify
and/or modify Payee Name information as
warranted.
2.14 That upon termination of
this Agreement you will immediately cease using
AltPornGold marks and remove any materials
supplied to you or referring to AltPornGold,
including without limitation any banner ads, from
Your Website.
2.15 That all Your
warranties, indemnities and obligations, which by
their nature are designed to survive termination,
shall extend beyond the termination of this
Agreement. | |
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3. Limitations Of
Your Participation In The Program. You acknowledge and
agree that the Program, Your participation in the
Program and Program Benefits are subject to the
following limitations:
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3.1 Only persons over the age
of eighteen (18) years may participate in the
Program.
3.2 The Program shall at all times
have the right, in its sole and exclusive
discretion, to terminate the Program and any and
all Program Benefits relating to Your
Participation in the Program at any time and may
do so with or without prior notice or
cause.
3.3 The Program, in its sole and
exclusive discretion, shall have the right at any
time to change or modify the Program(s), including
without limitation, the right to pay Participants
in the Program based on "click throughs" rather
than a flat commission or fee for a referral, as
defined in paragraph 4.1. If at any time
AltPornGold changes the Program(s), you shall have
the right to withdraw and terminate your
participation in the Program.
3.4 The
Program has the right to terminate Yours and any
other person's participation in the Program at any
time and may do so with or without prior notice or
cause.
3.5 Program Benefits are not
transferable by You and may only be used by You in
association with Your Website while You are
participating in the Program and are a Participant
in good standing.
3.6 All Program Benefits
materials, including, without limitation, all
advertising banners, photographic materials,
recordings, video, sound, and any other form of
intellectual property provided to You as part of
this Program shall remain the property of
AltPornGold and may not be copied or reproduced,
altered, modified or changed, broadcast,
distributed, transmitted or disseminated, sold or
offered for sale in any manner, at any time
anywhere in the World except as expressly
authorized in writing.
3.7 AltPornGold is a
service mark or trademark of JCB. All rights are
reserved. Nothing herein shall be construed as a
grant or assignment of any rights in any
intellectual property owned , including, without
limitation, any of its trademarks or service
marks. | |
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4. Program Benefits.
Sign-up conversion ratios are computed using second page
clicks to AltPornGold website tours. ACH transactions
are held for 10 days before stats posting. For each
person who becomes a subscriber to a website owned,
controlled or operated by AltPornGold, and who has been
tracked and verified as a "referral" to a AltPornGold
website from Your Website, you will receive a "referral
fee" per the following structure: Please click
here.
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4.1 A "referral" from Your
Website which entitles YOU to a "referral fee"
shall be defined as follows:
(i) A person
who has been directed to an authorized website
owned, controlled or operated through the use of a
hypertext transfer link residing on Your Website
which is in the form of a banner ad or other
promotional link which automatically connects any
person who clicks on said banner ad or other
promotional link to a AltPornGold website, and
which banner ad or other promotional link has been
supplied to YOU as part of the Program;
and
(ii) A person who after having been
directed to an authorized AltPornGold website
through the use of the hyperlink banner ad or
other promotional link supplied to You residing on
Your Website has been converted into a subscriber
;
(iii) A person shall not be deemed a
"referral" entitling you to a commission or
"referral fee" if that person leaves the
AltPornGold site after having been directed there
through the hyperlink banner ad or other
promotional link (which has been supplied to you )
on Your Website, without becoming a AltPornGold
subscriber, even if at some later time that same
person returns to the AltPornGold web site, not
through the banner ad or other promotional link
(which has been supplied to you ) on Your Website,
and at that later time becomes a subscriber to the
AltPornGold site.
4.2 You acknowledge and
agree that You shall not be entitled to a
commission or referral fee for any AltPornGold
subscriber who you sent or referred to a
AltPornGold website in violation of the terms of
this Agreement, or for any AltPornGold subscriber
who does not fall within the terms of paragraphs
4.1 (i) & (ii) or who is excluded under the
terms of paragraph 4.1 (iii).
4.3 You also
acknowledge and agree that You shall not be
entitled to a commission or referral fee from
AltPornGold for any subscription which AltPornGold
determines is the result of possible fraudulent
activity. You further acknowledge and agree that
AltPornGold 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. Without limiting the
foregoing, possible fraudulent activity shall
include without limitation, the following
circumstances or activities:
(i) Where the
subscriber has used or attempts to use a credit
card number which is in a negative data
base;
(ii) Where there are multiple
subscriptions from a single IP address within a
short period of time;
(iii) Where there are
sequential or multiple subscriptions under
different names, or variations of the same name
using the same credit card number, or sequential
names or patterns of names using different credit
card numbers;
(iv) Where there is a pattern
of "bursting subscriptions" characterized by
numerous subscriptions from a website in a
relatively short time span (the "bursting
period"), where there has been history of few
subscriptions from that website before or after
the bursting period.
(v) Where there has
been an attempt to put through a credit card with
a bin number that is listed in a negative bin
number database;
(vi) Where there have been
sequential or 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.
4.4 You
acknowledge and agree that AltPornGold shall have
the right to deny or withhold payment from You and
to terminate You from the program if there has
been an abnormal number of chargebacks or
cancellations of memberships or subscriptions
which have been referred to AltPornGold through
Your Website. You further acknowledge and agree
that AltPornGold shall have the right, in its sole
and exclusive judgment, to determine what
constitutes an abnormal number of chargebacks or
cancellations of memberships or
subscriptions.
4.5 All commissions and
referral fees due and payable hereunder shall be
payable in United States Dollars and shall survive
termination of this Agreement.
4.6
AltPornGold reserves the right, in its sole and
exclusive discretion, at any time to alter or
modify the Program including the method and terms
of all payment benefits to Participants. Upon
notice of any change in benefits under the Program
, You shall have the right to withdraw or
terminate Your participation in the
Program. | |
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5. No Joint Or
Collaborative Venture; No Monitoring Or Control Of Your
Content By Us. Nothing in this Agreement is intended by
Us or You to create or constitute a joint or
collaborative venture or partnership of any kind between
You and Us, nor shall anything in this Agreement be
construed as constituting or creating any agency,
employment relationship, joint or collaborative venture
or partnership between You and AltPornGold, its
employees, agents or assigns.
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5.1 You acknowledge and agree
that We shall have no control, nor ownership
interests of any kind in Your business or Your
Website, and that you have full responsibility for
the content and operation of Your
Website.
5.2 You acknowledge and agree that
You shall have no financial or other interest in
AltPornGold or any property owned by AltPornGold,
its affiliates, agents, successors or
assigns.
5.3 You acknowledge and agree that
Your relationship with Us shall be restricted to
matters pertaining to the Program exclusively and
shall be governed entirely by the terms and
conditions of this Agreement.
5.4 You
acknowledge and agree that We have no direct or
indirect control over the content of performances
or services, the manner of performances or
services, or the time or duration of provision of
performances or services by You on, at or in
association with Your Website except as
specifically set forth in this
Agreement.
5.5 You further acknowledge that
neither AltPornGold nor any employee, associate,
agent, assign or successor of AltPornGold shall
exert or provide any direct or indirect control
over, monitoring of, supervision of, prior
approval of, or review of the content appearing or
otherwise distributed on, at or in association
with Your Website, and that You shall be solely
responsible for any legal liabilities or
consequences resulting from the dissemination of
that content on or through Your
Website. | |
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6. No Guarantees Or
Warranties Of Any Kind. You acknowledge and agree that
AltPornGold makes no guaranties or warranties of any
kind with respect to the Program or materials provided
by, through or in association with the Program, and all
materials are provided to you "as is", and that use of
the Program and associated materials, including, without
limitation is solely at Your risk. AltPornGold disclaims
all warranties, either express or implied including, but
not limited to, express or implied warranties of
merchantability and fitness for a particular purpose,
with regard to the Program and any and all materials of
every kind supplied to You as part of this
Program.
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7. AltPornGold
Limited Liability and Liquidated Damages. You
acknowledge and agree that under no circumstances shall
AltPornGold, its employees, independent contractors,
authors, agents, representatives, assigns and successors
be liable to You, or any other person or entity, for any
direct or indirect losses, injuries or incidental or
consequential damages of any kind (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER
PECUNIARY LOSS) with regard to any link to any
AltPornGold website, or arising from or in connection
with the use of the AltPornGold Program materials, or
due to any mistakes, omissions, delays, errors,
interruptions in the transmission, or receipt of
AltPornGold's services, content or Program materials,
including without limitation any losses due to server
problems or due to incorrect placement of
HTML.
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7.1
Notwithstanding the foregoing express limitations
of liability, you acknowledge and agree that
should AltPornGold, its officers, employees,
successors, or assigns be held liable to You for
damages, injuries or losses of any kind, directly
or indirectly resulting from Your participation in
the Program, that the total dollar amount of
liquidated damages for any and all of Your claims,
injuries, damages or losses shall not exceed a
total of ten dollars
($10.00). | |
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8. No Representations
Of Success Or Profitability. You hereby confirm and
acknowledge that You have unilaterally decided to enter
an Internet service business and acknowledge that it is
a high risk business. You further confirm, acknowledge
and expressly agree that neither AltPornGold, any agent
or representative of AltPornGold, nor any other person
has at any time in the past, represented to You or has
otherwise directly or indirectly communicated in any
manner to You any guarantee, reassurance or any other
communication of any kind regarding:
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(a) the potential profitability
or likelihood of success of Your participation in
the Program as set forth in this Agreement or
otherwise;
(b) the possibility or
likelihood that use of any products and/or
services provided pursuant to this Agreement can
or will result in the recoupment of any funds
expended by You for the promotion of Your Website
or any other purpose; or
(c) the existence,
nonexistence, size or any other characteristics of
any market for any products or services which
involve Your participation in the Program pursuant
to this Agreement.
8.1 You expressly
acknowledge and agree that the success of any
business endeavors which involve Your
participation in the Program pursuant to this
Agreement, like any other business endeavor, is
subject to numerous factors, such as the
effectiveness of advertising and promotion, Your
administrative capabilities, etc., and that the
ultimate success or failure of Your business rests
with You and not AltPornGold. You further
expressly agree not to raise any claim of any kind
against AltPornGold and You agree to hold
AltPornGold harmless from any claim of loss to You
directly or indirectly resulting from Your
decision to participate in the Program pursuant to
this Agreement.
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9. No Monitoring Or
Supervision Provided By Us. We shall 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 except for that content
which is supplied to You by Us, provided that said
content supplied to You by Us has not be altered or
modified by You or any other party.
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10. Term And
Termination Of Agreement. You acknowledge and agree that
the term of this Agreement is at will, and this
Agreement and/or the AltPornGold Program may be
terminated by AltPornGold, in its sole and exclusive
discretion, at any time, without any advance notice and
for whatever reason.
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event that this Agreement or the AltPornGold
Program is terminated by AltPornGold, You shall be
entitled to all unpaid commissions or referral
fees earned by You prior to the date and hour of
termination. However, You shall not be entitled to
receive any commissions or referral fees for any
"referrals" delivered or received after the date
and time of
termination. | |
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11. Entire Agreement;
Modification; Assignment. This Agreement constitutes the
entire agreement between You and AltPornGold with
respect to the subject matter hereof, and supersedes and
cancels all other prior agreements, discussion, or
representations, whether written or oral.
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11.1 You agree that AltPornGold
may from time to time, in its sole and exclusive
discretion, modify the type and quality of
benefits provided to You hereunder either with or
without notice. Other terms and conditions may be
modified by Us at any time upon e-mail notice to
You or by posting at a AltPornGold information web
address location.
11.2 You agree that no
modification of this Agreement by You, Your
employees, representatives, agents, assigns or
successors shall be enforceable or have any effect
unless first reduced to writing and signed by a
duly authorized representative of
AltPornGold.
11.3 You agree that no
officer, employee or representative of You or
AltPornGold has any authority to make any
representation or promise in connection with this
Agreement or the subject matter thereof which is
not contained expressly in this Agreement; and You
acknowledge and agree that You have not executed
this Agreement in reliance upon any such
representation or promise.
11.4 You
acknowledge and agree that the failure of
AltPornGold to enforce any of the specific
provisions of this Agreement shall not preclude
any other or further enforcement of such
provision(s) or the exercise of any other right
hereunder.
11.5 You agree that all
promises, obligations, duties and warranties made
by You in this Agreement are personal to You and
that neither they nor any benefits hereunder may
be assigned by You to any other person or
entity.
11.6 You agree that AltPornGold may
at any time, and without prior notice to you,
freely assign all or part of its duties,
obligations and benefits
hereunder. | |
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12. Arbitration;
Choice of Law. Any and all disputes as to the
interpretation of, or any performance under, this
Agreement which are not first resolved informally, shall
be determined by binding arbitration in Los Angeles,
California in accordance with the rules of the American
Arbitration Association. The final award in any such
arbitration proceeding shall be subject to entry as a
judgment by any court of competent jurisdiction,
provided that such judgment does not conflict with the
terms and provisions hereof. The jurisdiction of the
arbiter (or arbiters) with respect to legal matters
shall be limited only by the statutory and common law of
the State of California and the United
States.
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12.1 This Agreement is executed
in California and all its provisions shall be
governed by and construed according to the laws
and judicial decisions of the State of California
and the United States when
applicable. | |
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13. All Provisions Of
This Agreement Not Deemed Unenforceable Shall Survive
Any Unenforceable Provisions. In case any one or more of
the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable
in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision
hereof, and this Agreement shall be construed as if such
invalid, illegal or unenforceable provision(s) had never
been included. The invalidity or unenforceability of any
provision of this Agreement shall not affect the
validity or enforceability of any other
provision.
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14. This Agreement
Shall Be Deemed To Be Mutually Drafted. For purposes of
construction of this Agreement, both AltPornGold and You
shall be deemed to have mutually drafted this Agreement
and all parts thereof.
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15. Review By Your
Attorney. We strongly advise that You review this
Agreement with Your attorney before You enter into it.
You acknowledge and agree that nothing herein and no
statement by Us or any employee, representative, agent
or other person associated with Us has in any way
prevented or inhibited You in any way from seeking such
advice prior to entering into this Agreement. You hereby
acknowledge and agree that the terms of this Agreement
are reasonable and fair; all terms have been fully
disclosed in writing, and that You have been given a
reasonable chance to seek advice of independent counsel
with respect to this Agreement and all transactions
associated herewith.
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16. Acceptance And
Execution Of This Agreement. By CLICKING ON THE "SUBMIT
FORM" BUTTON on the AltPornGold Sign-Up Page, and by
supplying AltPornGold with all the required information
to sign You up to the AltPornGold PROGRAM, You are
acknowledging that You agree to all of the terms,
conditions, promises, warranties, duties and obligations
set forth in the above
Agreement.
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