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Terms and Conditions
The following shall set forth the Terms and Conditions (the "Agreement")
of the PremierBlind Affiliate Program (the "Program" or
the "Affiliate Program") operated by PremierBlind (hereinafter,
"us" or we" or our ). As used in
this Agreement, "affiliate", "you" or "your"
means the applicant/participating affiliate. By participating in
the Program and clicking YES, I agree to the terms on
the Sign-Up Form you are affirmatively stating that you have read,
understood and accept this Agreement in it's entirety and agree
to be bound by all of the Terms and Conditions set forth below:
1.0) We reserve the right to cancel this program at any time, without
prior notification. In such cases you will be notified immediately
and paid all accumulated funds up to that point in time, except
in cases where it is determined that you have either cheated or
violated the terms and conditions set forth in this agreement.
1.1) We reserve the right to reject any affiliate application for
any reason we deem sufficient for denial of admittance into our
program.
1.2) All Affiliates, contacts and payees must have reached the age
of majority under applicable law where they reside and/or do business,
and must be no younger than 18 years of age in any case. You represent
and warrant that you have reached the age of majority under the
laws of the state or locality where you reside and/or do business.
1.3) All affiliates agree that we reserve the right, in our sole
discretion, to determine if your promotion of any of our site(s)
is inconsistent with the intent of this Agreement, and that license
to participate in our program can be terminated or revoked at any
time for any reason, upon notice by us to you and you agree upon
receipt of such notice immediately to cease using all program materials
and removing all such materials and references to us and/or our
web sites from your web sites and any promotional, advertising or
marketing materials of any kind.
1.4) All affiliates agree that terminated affiliates cannot re-apply
to become affiliates again at a later date, without our express
written consent. Any commissions accumulated in an affiliate account
that was opened after a prior termination without the affiliate
having first recieved our express written permission to open the
account, will be forfeited by the affiliate to us.
2.0) Affiliates are free to generate traffic by any method (with
the exception of email promotion) consistant with the terms herein.
You are not permitted to send traffic to our site(s) from site(s)
that promote or incorporate child pornography, bestiality, rape,
warez, password trading, spyware, malware, adware, violence, hatred,
or facilitate any unlawful activity, or site(s) that contain 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, and no traffic from sites(s)
that incorporate images or content that is defamatory, degrading,
obscene, or otherwise similarly objectionable.
2.1) Affiliates that utilize, directly or indirectly, child pornography
or other unlawful images, content or activities in connection, directly
or indirectly, with the promotion of any of our site(s) will be
terminated immediately (without compensation) and will be reported
to the appropriate authorities.
2.2) We do not accept, under any circumstances, any referrals which
are sent to us from email promotions or marketing, irrespective
of whether the email promotion complies with the requirements of
the "CAN-SPAM Act of 2003" or the “Controlling the Assault of Non-Solicited
Pornography and Marketing Act of 2003" or not. Affiliates that promote
our site(s) by the use of email marketing directly or through webpages
promoted by email marketing, will have their accounts terminated
immediately without compensation.
2.3) Affiliates that promote our site(s) by the use of newsgroups,
IRC, ICQ, AOL AIM, MSN IM, Yahoo IM, Usenet, SMS, chatrooms, forums
and message boards will be terminated immediately without compensation.
2.4) Affiliates that position our links in password protected areas
must provide us with means of access (e.g. usernames and/or passwords).
The means of access must be valid at any time we choose during the
period in which you send traffic from these areas. If the protected
area(s) is/are owned by person(s) other than the affiliate, and
the affiliate does not have the necessary permission or rights to
provide us with access, the affiliate must not position our links
in this/these areas. Access must be provided with 24 hours of a
request by us. Failure to provide access will result in immediate
termination without compensation.
2.5) Affiliates are not permitted to beg, require, or incentivise
anyone to click on any link(s) on our webpage(s).
2.6) Affiliates are not permitted to promote our site(s) from site(s)
hosted on non-adult free hosts such as Yahoo Geocities, Lycos, Angelfire,
Tripod, and others.
2.7) Affiliate are not permitted to utilize adware, spyware or malware
technologies or traffic hijacking to promote our site(s), or use
said technologies or methods in conjunction with the promotion of
our site(s).
2.8) Affiliates using any of the following terminology in meta tags,
site/search engine placement, domain names, or anywhere on site(s)
that promote or link to any site(s) own by us will be terminated
without pay. This list includes but is not limited to the following
terms:
4teen, 6teen, 7teen, adolescent, child, child porn, child pornography,
child sex, childporn, children, childsex, forteen, illegal lolitas,
juvenile, kid porn, kiddie, kiddie porn, kiddie sex, kiddieporn,
kiddiesex, kinderporn, kindersex, koprofgie, kotoran, lolita, lolitas,
lolitaz, minor, minors, paedophilia, paidophilia, pdophile, pdophilie,
pederastia, pediphile, pedofilia sex, pedoland, pedophelia, pedophile,
pedophilia, pedophilia pictures, pedophylia, pre teen, pre teenage,
pre teenager, pre teenagers, pre teens, pre-adolescent, preeteen,
prelolitas, pre-teen, pre-teen porn, pre-teen sex, schoolgirl sex,
sex with children, sex with minors, sixteen, teen 13, teen 14, teen
15, teen 16, teen 17, teen13-17, under age, underage, underaged,
young girls, young boys.
3.0) The standard pay rate is 3 US cents ($0.03) per valid clickthru
made by a unique visitor as recorded by our systems. A visitor is
deemed to be unique again when a period of 1 hour has passed since
their last visit. A valid click is deemed a click on any of our
gateway enter buttons by a real person located in an accepted country,
arriving directly from a webpage and website that complies in every
way with all of the terms and conditions and rules set out in this
agreement.
3.1) The webmaster referral pay rate is equal to 10% of the total
earnings made by referred webmaster(s) for the full duration of
their participation in the program and subject to this agreement.
3.2) Our log files will prevail in determining the traffic counts,
redirects, and value of commissions to be paid.
3.3) One payment period is equal to one calendar month. Payments
are issued on the nearest working day on or after the 15th of each
month for commissions accumulated up to the end of the previous
payment period. For example commissions earned between January 1
and January 31 will be paid on February 15 or the first working
day thereafter.
3.4) Minimum payment rules apply. No payment will be made until
total unpaid commissions equal or exceed US$50. Balances equalling
less than US$50 will be carried over to the next pay period or until
the minimum balance is reached.
4.0) A clickthru is accepted by us as valid and payable only if
it originates from one of the following countries; United States
of America, United Kingdom, Canada, Australia, New Zealand, Republic
of Ireland, Bahamas, or Barbados. Traffic received from countries
other than those specified in this agreement will be directed to
a URL of your choice. We provide means for you to specify, change,
update, maintain, or amend a URL for re-directed traffic. By not
specifying a re-direct URL, you are accepting that all traffic originating
in countries not specified in this agreement sent to our site(s)
from your site(s) will be re-directed to webpages of our choosing,
and you will have no rights to gains, monetary or otherwise, created
as a product of this traffic.
4.1) Our systems will determine the origin of traffic using IP location.
We accept no liability for losses or damage caused by inaccuracies
in the identification of country origin. Our log files will prevail
in determining the traffic counts, redirects, and value of commissions
to be paid.
5.0) You must not allow other browser windows to open simultaneously,
either in front or behind our web page. For example, if you have
an entry or exit console, or any other window that may be triggered,
make sure it does not open when our link is clicked.
5.1) If you set our links to open in a console or new windows eg.
'target_blank', you are not permitted to specify 'width' or 'height'
parameters.
5.2) If you set our links to open in a console or new windows eg.
'target_blank', you are not permitted to set any of the following
parameters to '0' or 'no': 'location', 'status', 'scrollbars', 'resizable'.
5.3) If you open our links using metarefresh or onmouseovers, you
must use the code provided by us in the banner and link code area
of your stats.
6.0) 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 us, our employees, agents or assigns.
6,1) You acknowledge and agree that we shall have no control or
ownership interests of any kind in your business or your web site(s).
6,2) 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.
6.3) 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 web site(s) except as specifically set forth in this agreement.
6.4) You acknowledge that neither us nor any employee, associate,
agent, assign or successor of ours 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 web site, and that you shall
be solely responsible for any legal liabilities or consequences
resulting from your dissemination of that content, including the
program materials, on or through your web site(s).
7.0) The term of this agreement will begin at the instant of your
successfull application to the program and ceases when this agreement
is terminated by either party. Notification of termination will
be made by e-mail to the e-mail address on file after termination
and will be sufficient notice.
8.0) You agree that we will not be liable for any damages or loss
of revenue or profits arising from your participation in our program
or arising in connection with this agreement.
9.0) Any failure by us to enforce your strict adherance to any of
the terms and conditions and rules set out in this agreement will
not constisute the loss of our right to subsequently enforce any
of the terms and conditions and rules set out in this agreement
10.0) We reserve the right to amend the terms and conditions set
out in this agreement at any time at our own discretion. Any amendments
to this agreement will take effect 24 hours after notifications
of amendments are made. Notification by e-mail to the e-mail address
we have on file will be sufficient. If you refuse to accept any
of the amendments, you must terminate the agreement and cease all
relationship with us. Continued participation in the program will
constitute acceptance of any and all amendments.
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