AFFILIATION PROGRAM TERMS OF USE
By joining to our affiliate program you are entering into this binding agreement with AWMpartner ("AWMpartner", "We", the "Site").
THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY PARTICIPATE IN THE AWMPARTNER PROGRAM. BY PARTICIPATING IN THE PROGRAM AND BY USING IT YOU ARE STATING THAT YOU ACCEPT AND AGREE TO THIS AGREEMENT AND ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW.
1. Some of the content on AWMpartner and it's sites deal with mature subject matters, human sexuality, and explicit materials. If you are under the age of mature viewing in your state or country, if you are bound by your countries law not to look at pornographic material, or you are offended by sexually explicit material, you are not permitted to enter this site or its Affiliated programs any further than this page. You also 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, thus releasing the creators of this Web page and our service provider from all liability. Please also note, none of the contents of this, or subsequent pages or links have any reflection on the moral attitudes or legal responsibilities of this server, its authors, clients or its owners. You also verify that you are not accessing this material to use against our web sites, affiliate program or any other person or entity in any conceivable manner.
2. All materials on AWMpartner and it's sites 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 written permission. Subscribing to the site does not grant any express or implied right to you under any of its 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.
3. 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.
4. You hereby represent and warrant to AWMpartner as follows:
4.1 You have full authority to enter into this Agreement.
4.2 You will provide accurate and complete details regarding your identity and personal details such as: bank account, address or other required information. AWMpartner will set payments, e-mail you notices about our programs and your account based on the information that you provide to us.
4.3 You will comply with all applicable federal, state and local laws in the performance of your obligations.
4.4 Each and every email address submitted by you has originated with a customer of yours and has not been created or obtained fraudulently.
5. We hereby grant you with the following non-exclusive, non-transferable, revocable rights and permissions:
5.1 To create authorized links from your site to one of our sites. You will receive a percentage for referrals of traffic to one of our sites according to the hereinafter terms and according to the program rules.
5.2 To display on your site materials including but not limited to: banners, content; text links; images and text, solely for the purpose of promoting our sites. You hereby acknowledge and agree that the AWMpartner is, and shall remain, the exclusive owner of the materials mentioned in the above section 2, 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 permitted in writing by AWMpartner.
6. AWMpartner reserves all of its rights in its trademarks, as well as in all intellectual property rights associated with the programs. Nothing herein shall be construed as a grant or assignment of any rights in any intellectual property owned by Company, including, without limitation, any of its trademarks.
7. You agree that this license can be terminated or revoked at any time for any reason, or for no reason, upon notice by Company 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 Company and/or its web sites from your web sites and any promotional, advertising or marketing materials of any kind.
8. Payments.
8.1 Payment Schedule: Webmaster Payments are calculated weekly, the payment being made 3 weeks after the end of the payment period. For example, payment for the 1st through the 7th is made on the 28st of the same month.
8.2 The minimum amount, which entitles you to receive is 100 USD (unless you choose a higher amount). If you do not earn US 100 USD your earnings will "roll-over" to subsequent payments until you accumulate 100 USD. In case you choose to terminate your account before you reach 100 USD (or the higher amount you chose), you will be entitled to receive your earnings as well as to any bonuses under these terms, upon termination.
8.3. In any case of delays of the payments to us by our third party processors, we will have a reasonable period of time for receipt of such payments, and for payments to you regarding your payments.
8.4 In case of termination of this Agreement by AWMpartner program, earnings under 100 USD shall not entitle you for any payment at all and you will not be entitled to any received bonuses as well.
8.5 AWMpartner payment scales are as follows:
We will pay you 50% for every paying sign-up you refer. In case you refer more than 30 paying sign-ups in any successive 7 days, you will be entitled 55% for each paying sign-up, from the 31 paying sign-up you refer and on. Please note that the count of the number of your referred paying sign-ups starts off every new pay period from zero.
8.6 Either party shall be excused from delays in performing or from its failure to perform these Terms and Conditions to the extent that such delays or failures result from causes beyond the reasonable control of such party, including, without limitation, acts of God, nature, any government agency, war, electrical or mechanical breakdowns, inability or refusal of a common carrier to provide communications capabilities, or any other cause beyond either party's direct control.
8.7 In any case you are found to be cheating the Program, we reserve the right at our sole and absolute discretion to cancel your participation in any and all Programs, at any time, without prior notification, and you will not be paid for any of the Programs in which you have participated.
8.8 You understand and agree that any of the following actions by you or anyone under your control will result in your accounts being immediately terminated and all of your unpaid commissions being forfeited to AWMpartner: Dissemination of unsolicited bulk email, Newsgroup, Chatroom or any other forms of SPAM; Promoting content such as: bestiality, child pornography, rape, violence, or any other illegal activity. Attempting to defraud us 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 violation or infringement; Important: We reserve the right to adjust the payment at our own sole discretion. You will be entitled to receive your payments according to the new Terms and Conditions. It is your obligation to be updated with the changes in the Site, as they are published on it, occasionally.
9. Statistics.
9.1 Only our files and records will determine all statistics including but not limited to the amount of paying sign-ups, cancellation, and any commissions or referral fees owned to you pursuant to this Agreement. You must notify us of any discrepancies within 15 days otherwise they will be deemed permanently waived.
9.2 Only statistic taken from AWMpartner is valid.
10. Non-assignability /Theft of login.
Your subscription may not be assigned or transferred to any other person or entity. Affiliate must promptly inform AWMpartner of any apparent breach of security, Until AWMpartner is notified, by e-mail, or by telephone of any breach in security, you will remain personally liable for any unauthorized use of the site or it's service. You are personally liable for, and shall defend, indemnify and hold harmless AWMpartner, the Site and the Site owner from any and all 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 or with or under the authority of any other person or entity including governmental agency.
11. Termination / Cancellation.
Either you or AWMpartner may terminate at any time, and without cause, your subscription to the program, upon notification of the other party by electronic or conventional mail.
12. Bookmarking.
Book marking to a page on the Site whereby the Warning page(s) and/or Terms of Use are by-passed shall constitute an implicit acceptance of the Terms of Use herein and an explicit acknowledgement of age of majority.
13. Additional terms of use.
13.1 You are bound to the Terms and Conditions of AWMpartner, as well as the specific rules and regulations of AWMpartner.
13.2 In addition to these Terms of Use, the Site may have additional Terms of Use that are, and shall become, an integral part of this Agreement. All Terms of Use apply to AWMpartner, its Affiliation Program, and you. This Agreement supersedes all prior written or oral understandings, writings and representations and may only be amended by AWMpartner. If any provision of this Agreement is held void or unenforceable to any extent, such provision shall be deemed excised and removed only to the extent to make the remaining provisions and this Agreement enforceable. Unless otherwise specifically provided, the provisions of this Agreement shall survive its termination.
13.3 This Agreement constitutes the entire agreement between you and AWMpartner with respect to the subject matter hereof, and supersedes and cancels all other prior agreements or representations, written or oral.
14. By signing up to the program you are acknowledging that you agree to all of the terms and conditions, set forth in the above Agreement.
Revision 2 of 13.03.2003.
