WEBMASTER AGREEMENT FOR FREECAMDOLLARS.COM
Please read the following Webmaster Agreement (the 'Agreement'). When you enroll to become a webmaster with FreeCamDollars.com (the 'Program'), you agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions carefully, as they form the agreement between you, the Webmaster, and the Program. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT COMPLETE THE APPLICATION FORM TO BECOME A WEBMASTER. BY COMPLETING THE APPLICATION FORM TO BECOME AN AFFILAITE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.
Enrollment in Program
By completing the necessary form(s) to enroll in Program, you are represent and warrant to Program that you are over the age of 18 or the age of majority in your jurisdiction, whichever is higher ('Age of Majority'), and that you are capable of entering into this Agreement. Program reserves the right to either refuse to accept your enrollment or to immediately terminate your membership to Program, if Program, in Program's sole and absolute discretion, believes you to be under the Age of Majority. By completing such form(s) you are also certifying to Program that the laws in your jurisdiction do not in anyway prohibit you from entering into this Agreement.
You understand that your ability to perform under this Agreement is contingent upon your ability to access the Internet and that you are solely responsible for any costs associated with your responsibilities under this Agreement including, but not limited to, setting up any websites, connecting to the Internet, maintaining any websites and hosting any websites. You acknowledge and agree that while Program may offer free hosting at the time that you apply to Program and/or are accepted to Program, this free hosting service by Program may be revoked at any time and that you will be required to find and pay for hosting services for any websites you create under this Agreement.
You are hereby granted a revocable, non-exclusive, non-transferable license to access and download promotional banners, videos, photographs, other promotional materials, and/or promotional materials created by you, provided that such materials are approved by Program in writing ('Promotional Items'), for use on site(s) owned by you ('Referral Sites'). Such Promotional Items are licensed to you for the limited purposes of advertising, marketing and promoting Member Sites. Any and all licenses granted to you pursuant to this agreement shall immediately cease and revert to Program upon the termination or cancellation of this agreement.
You agree not to share any of the Promotional Items with anyone in any way which is not in accordance with the terms of this Agreement and applicable law.
NO LICENSE TO USE CERTAIN ADWORDS AND CERTAIN INTELLECTUAL PROPERTY
Although you are hereby granted a revocable, non-exclusive, non-transferable license to use the names of our various websites in connection with referring traffic to such websites ('Site Names' or 'Sites'), you are not, as a part of this non-exclusive, revocable license, permitted to bid on, purchase or otherwise register/use 'FreeCamDollars.com' or other of the Site Names or use the words 'Official', 'Officially' or 'Official Site' as keywords (sometimes referred to as 'AdWords') on Internet search engines, such as google.com, ask.com, yahoo.com, msn.com, etc.; use the Site Names in association with any similar or competing website or service; or register any domain name which incorporates or is a 'misspelling' of any of the Site Names. You agree that in the event you violate any part of this section of this Agreement, you will be immediately terminated from the Program, any monies earned but not yet paid will be forfeited, and that you will cooperate fully in transferring any items forbidden by this section to Program as the rightful owner.
Your Website Names
Subject to the limitations in the paragraph above and pursuant to the license granted to you herein, Program will permit you to use any and all Site Names that you may choose in connection with promoting the Sites so long as such website domain name(s) registered by you does not infringe on Program's, Program's affiliated entities' or any third party's intellectual property rights, defame, insult or otherwise harass anyone, and does not promote or suggest any illegal activity.
You agree to register with Program all domain names you use, own, create, manage and/or control in connection with this Agreement. Program will not compensate you for any referrals to the Sites, for which you would otherwise be due a payment for under this Agreement, if the referring site is not registered with Program. Should Program compensate you for any referral(s) from a site or sites not registered with the Program, you hereby acknowledge and agree that such payment is in error and that you are not in any way entitled to further payments for referrals from such site(s). You further acknowledge and agree to inform Program of any such payment error and that such erroneous payments may stop at any time with no liability to you by Program.
Representations to Program
You hereby represent and warrant that you will put safeguards in place, including, but not limited to an 'age verification' page, so that no persons who have not yet attained the Age of Majority may view any and all Promotional Items which may contain explicit images. You further represent and warrant that you will not 'deep link' so that a person referred to the Sites does not first have to confirm that he/she is at least the Age of Majority.
You further warrant that you have all legal rights, free from any and all encumbrances and third party claims, to all images, text, script(s), applications, logos and functional elements appearing on all Referral Sites.
You represent and warrant that you will only advertise on services and providers which permit such advertisement. You understand and agree that if you advertise for any service or provider which does not permit such advertising, including, without limitation, Myspace or Craigslist, your account will be terminated without notice and without pay.
Enrollment with Program
Program endeavors to evaluate every application to us in good faith and as quickly as possible. Program reserves the right to deny an application for any reason, including but not limited to:
1. You supply us with inaccurate or incomplete data, and
2. You are attempting to register from one of the following countries: Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Cost Rica, Croatia, Czech Republic, Estonia, Georgia, Hungary, India, Indonesia, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Korea, Kyrgyzstan, Latvia, Lithuania, Malaysia, Moldova, Pakistan, Poland, Philippines, Romania, Russia, Singapore, Slovakia, Slovenia, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan and Yugoslavia.
Ownership of Promotional Items
You hereby acknowledge and agree that all rights to the Promotional Items belong solely to Program and/or Program's licensor(s). You further acknowledge and agree that any Promotional Item(s) created by you and approved by Program are a specially ordered and commissioned "work made for hire" within the meaning of the 1976 Copyright Act for the compensation provided according to the terms of the payout agreement agreed upon by you and Program.
Emails From You
Program does not permit email marketing or promotion of the Sites. You acknowledge and agree that any email marketing by you will be grounds for immediate termination from Program, without pay.
You acknowledge and agree that it may be necessary for Program to email you with information regarding your account with Program and changes to Program. You further acknowledge and agree that while Program has the right to send such emails to you, Program is under no obligation to do so regardless of any emails Program may have sent in the past or may send in the future.
If you are a citizen or resident of the United States, you will be required to supply Program with the Federal Tax ID number or the Social Security Number which corresponds to the name you provide to us as the payee under this Agreement.
You acknowledge and agree that if you fail to provide us with accurate and complete information with respect to your Federal Tax ID or Social Security Number, you will not be entitled to any payments from Program and all monies earned prior to you supplying Program with this required information will be forfeited by you to Program.
You understand and agree that you are required by this Agreement to supply Program with a valid email address and other contact information, a failure to do so may result in the termination of your membership with Program.
Nothing in this Agreement is intended by you or Program to constitute a joint venture or collaboration between you and Program. You acknowledge that you are in no way an agent, employee or similarly situated employment like relationship. You further acknowledge that you are only an affiliate of Program and have no authority to act on Program's behalf or bind Program to any debt or agreement.
Program pays out on a monthly basis. Payouts are based upon the amount of valid referrals from sites registered by you with Program based upon our ability to track such referrals, which valid referrals result in a valid subscription to any of the Sites ('Valid Subscriptions'). Payouts levels will be dependent upon not only the amount of Valid Subscriptions, but also the type of subscriptions selected. Please see our page regarding payout levels, dates and other details by clicking here <insert link>. You acknowledge and agree that these payout levels may be changed at any time and that the posting of such change at least ten (10) days prior to such change taking effect shall be deemed adequate notice to you. You understand and agree that all payouts by Program to you, must be cashed within ninety (90) days of such payout's issuance or such will be deemed forfeited by you to Program.
Change to Payment Information
You agree to notify Program of any change in your payment information at least five (5) days before the close of any pay period. No changes to your information are valid until you have received written confirmation from Program.
You acknowledge and agree that you shall not be entitled to any compensation from Program for and subscription if Program determines or believes, in Program's sole discretion, that such subscription is the result of possibly fraudulent activity. Following is a list of what Program deems to constitute fraudulent activity:
You acknowledge and agree that the foregoing list is not an exhaustive list of all conduct which may constitute fraudulent activity, for which you will not be compensated. You further acknowledge and agree that the foregoing list may be changed at any time, as Program may deem necessary.
Suspension or Termination
Program reserves the right to either terminate or suspend your status with Program in the event that referrals from your sites are subject to a high rate of 'chargebacks' or cancellations of accounts. Program further reserves the right to terminate or suspend your account with Program if you have a high rate of fraudulent activity with respect to referrals as such are outlined in the immediately preceding section.
In addition to reasons for termination mentioned previously herein, Program reserves the right to immediately terminate your account with Program, without notice to you, if at any time:
Either party may terminate this Agreement by delivering to the other written notice of cancellation. An email sent by Program to the email address associated with your account shall be deemed adequate notice to you, whether or not you actually read such email.
Effect of Termination or Cancellation
Immediately upon termination or cancellation any and all licenses granted to you herein cease and revert to Program. You agree to immediately remove from any and all websites owned, controlled, managed, and/or maintained by you and destroy all copies of the Promotional Items. If at the time of termination or cancellation you manage, own, operate or otherwise control a website which incorporates the Site Names or misspellings thereof, you agree to transfer such websites to the Program within twenty (20) days of termination or cancellation. Upon the request of Program, you agree to mail to Program written confirmation that all Promotional Items have been removed and destroyed. You understand that your failure to comply with this section will result in irreparable harm to the Program and the intended third party beneficiary. Program reserves the right to take any and all legal actions necessary to enforce the provisions of this section against you including, without limitation, monetary damages, injunctions, and actions for specific performance.
Digital Millennium Copyright Act Notice
NOTICE OF CLAIMED INFRINGEMENT
Program respects the intellectual property of others, and we ask our users to do the same. We observe and comply with the United States' Digital Millennium Copyright Act ('DMCA'). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Program's Designated Copyright Agent the following information: