| | 1. PARTNER RESTRICTIONSYour application may be rejected if we determine that your site is unsuitable for the program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, "Content Restrictions").2. USING OUR LINKS AND IMAGESAs an affiliate website of HARDDOLLARS, we will make available to you banner advertisements, button links, images, and/or text links to our site, created or licensed by HARDDOLLARS containing HARDDOLLARS's trade names, service marks, and/or logos for display on your affiliate site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such links and other designated promotional materials for placement on your affiliate site for the sole and exclusive purpose of promoting websites owned, operated or controlled by HARDDOLLARS. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such link or links. A link may only be visually modified with our consent.3. COMMISSIONSCCBill will pay you a commission equal to fifty percent (50%) of the revenue actually received by them (before processing fees) from customers who come to us from your Links. The commission rate is subject to change from time to time, upon e-mail notice to you and commencing immediately following such notice. Net Income in a given monthly reporting period may be reduced for credit card chargebacks resulting from prior months' activities. The tracking and payment of commissions under the program is handled by CCBbill. Accordingly, the terms and conditions of CCBill regarding such matters shall govern, and shall control over any inconsistent provisions hereof. Note that a commission will only be paid if the visitor to our site can be tracked by the system from the time of the link to the time of the sale. No commission will be paid if the visitor's payment to our site cannot be tracked directly to your site by our system or if full payment for services is not made to us by the customer. 4. PAYMENTCommissions due and owing to you under the program will be paid to you directly by CCBill. Accordingly, the policies of CCBill regarding the timing of payments, processing fee deductions and chargebacks and related billing matters shall control.5. PROHIBITED CONTENTYour webpage has to hold adult-content. No Warez-, MP3 or Hacking-sites are accepted. All adult-sites are allowed, exept URLs which contain and/or promote the following content: child pornography, rape, torture and bestiality. All accounts that contain these kind of content will be deleted without notification.6. FREE CONTENTPartners are granted the limited non-exclusive right to use certain HARDDOLLARS content, made available to partners free of charge by HARDDOLLARS for Partners' use in promoting HARDDOLLARS websites. The free content may be used for the sole purpose of assisting our partners in promoting our various websites through banners, buttons and links. Accordingly, the free content cannot appear on any web page unless that page contains a banner or link to a HARDDOLLARS website. You may have other banners or links on the page in addition to HARDDOLLARS, but the HARDDOLLARS banner and/or links must have priority on the page. If HARDDOLLARS determines in its sole discretion that you are using the free content to primarily sell other programs or promote other sites, you will be terminated as a partner. Furthermore, images may not be linked with html or other coding causing people to be re-directed to other websites. Images may not be used in any way for e-mail spamming, or any other type of blatant spamming, and are meant for use in website publication only. This agreement does not allow you to claim ownership of any of the images. You are not allowed to sell, rent, lease, lend or trade the images online or in any other form of media. You are hereby indemnified against all intellectual property concerns for the images in this agreement..If your account has been terminated for any reason all images must be removed from your sites immediately. By utilizing these images, you have agreed to the terms outlined above. 7. MAINTAINING YOUR SITEYou will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the program if we believe you have engaged in any of the following: - Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or AOL customers or otherwise violate the spamming policies of CCBill; - Attempt to cheat, defraud or mislead us in any way; - Misrepresent to the public the terms and conditions of our sites or your sites; - Promote passwords, MP3, or Warez; - Own or operate a website in connection with a person who is under 18 years. 8. LIMITATION OF LIABILITYWe will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this agreement or the affiliate program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the affiliate program will not exceed the total commissions paid or payable to you under this agreement.9. AGREEMENT MODIFICATION AND SUPERSEDURE This Agreement constitutes the entire agreement between you, the webmaster, and HARDDOLLARS with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. You, the webmaster, acknowledge and agree that HARDDOLLARS may, from time to time and in its sole and exclusive discretion, modify the terms and conditions and the type and quality of benefits provided to you hereunder, at any time upon e-mail notice to you or by a posting at a HARDDOLLARS information web address location. You, the webmaster, acknowledge and 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 duly signed by an authorized representative of HARDDOLLARS. You, the webmaster, acknowledge and agree that no officer, employee or representative of you, your website, or HARDDOLLARS 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. Furthermore, you acknowledge and agree that you have not executed this agreement in reliance upon any such representation or promise. You, the webmaster, acknowledge and agree that the failure of HARDDOLLARS 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. You, the Webmaster, acknowledge and 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. You, the webmaster, acknowledge and agree that HARDDOLLARS may at any time, and without prior notice to you, freely assign all or part of its duties, obligations and benefits hereunder.10. ACCEPTANCE OF TERMS
By clicking on the SUBMIT button on the sign-up page, and by entering all the required information to sign-up for HARDDOLLARS, you and your website are acknowledging that you agree to all of the terms, conditions, promises, warranties, duties and obligations set forth in these terms of agreement herein.
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