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| Terms & Conditions |
| Please read the following
Terms and Conditions carefully. These Terms and Conditions define the Webmaster Program pursuant
to which DagnyCash ("COD") has agreed to pay YOU to provide
Web traffic to a web page or pages to be specified by COD ("COD Target Page(s)"). |
1.
ACCEPTANCE OF TERMS AND CONDITIONS. |
| YOU acknowledge that
YOU have read, agree to abide by, and accept these Terms and Conditions, including as they may
be amended from time to time. Ignorance of these Terms and Conditions is not an excuse for any
violation. |
2.
MODIFICATION OF TERMS AND CONDITIONS. |
| COD reserves the
right to add to, delete from, or change these Terms and Conditions at any time. ALL ADDITIONS
TO, DELETIONS FROM AND CHANGES OF THESE TERMS AND CONDITIONS ARE EFFECTIVE THREE (3) CALENDAR
DAYS AFTER BEING MADE, WHETHER OR NOT ACTUAL NOTICE HAS BEEN GIVEN TO YOU UNLESS NOTICE IS REQUIRED
ELSEWHERE IN THESE TERMS AND CONDITIONS! YOU are responsible for reading and complying with any
changes that COD may make to these Terms and Conditions from time to time. YOU can review the
most current version of these Terms and Conditions at any time at: http://www.dagnycash.com/info/terms_unlogged.cfm |
3.
ADMITTANCE / TERMINATION. |
| COD reserves the
right to deny YOU admittance into this Webmaster Program, or to terminate YOU from this Webmaster
Program at any time for any reason. Also, COD may terminate this Webmaster Program at any time
for any reason. COD will provide e-mail notification of denial of admittance or of termination.
If COD terminates for any reason other than a violation by YOU of these Terms and Conditions,
COD will pay to YOU any sums that have accrued to YOU under this Webmaster Program as of the
date of termination. |
4.
VIOLATION OF TERMS AND CONDITIONS. |
| Violation of any
or all of these Terms and Conditions is grounds for termination and releases COD from any payment
or other obligation to YOU, regardless of whether the payment or other obligation has accrued
or has not. In all cases, COD shall be the sole determiner of whether a violation exists and
may act on good faith suspicion alone. |
5.
AGE REQUIREMENT. |
| In order to participate
in this Webmaster Program, YOU must be over the age of 18 or of the legal age to view adult content
in YOUR community. |
6.
UNITED STATES TAXES. |
| United States residents
and corporations, and foreign participants who are residents of the United States, are required
to provide a completed and signed United States Department of Treasury Internal Revenue Service
Form W-9 setting forth information including a United States Federal taxpayer ID Number or Social
Security Number. Foreign participants who are not residents of the United States and who are
not conducting a trade or business in the United States, are required to provide a completed
and signed United States Department of Treasury Internal Revenue Service Form W-8BEN before any
payment will be processed. Foreign participants who are not residents of the United States but
who are conducting a trade or business in the United States, are required to provide a completed
and signed United States Department of Treasury Internal Revenue Service Form W-8ECI before any
payment will be processed.
|
7.
PAYMENT FOR WEB TRAFFIC. |
| COD will pay YOU
for Web traffic to COD Target Page(s) from a banner or link posted on web page(s) of YOUR site(s)
as follows:
7.1 COD reserves the right to change the future payout per sign-up at any time with three (3)
days written notice to YOU.
7.2 All payments are made by check in U.S. dollars. Payments are mailed on Fridays for the Pay
Period ending on the immediately preceding Sunday. Payment will only be sent if the amount due
to YOU is at least $100. Payment will be carried over from week to week until the amount due
to YOU is at least $100. If YOU are a foreign, non United States resident participant, YOU may
request that COD withhold payment until the amount due is $300.00, $600.00 or $900.00 so as to
incur lower banking fees.
7.3 YOU agree, by accepting and negotiating payment received from COD, that the payment received
is payment in full for any and all advertising space and traffic for the Pay Period to which
the payment applies. |
8.
BANNERS AND ADS. |
| 8.1 COD will provide
YOU with a selection of banners and ads for use in this Webmaster Program. YOU may post as many
of these banners on YOUR site(s) as YOU wish.
8.2 YOU may create banners or ads for use in this Webmaster Program, but YOU must obtain COD's
written approval of any such banners or ads prior to usage. There is no compensation for making
banners or ads, and COD reserves the right to post any banners or ads you create for use by other
sites.
8.3 COD retains all copyright and ownership in the banners and ads provided by COD, including
all images therein. During the existence of this Agreement, COD hereby grants to YOU the right
to post banners and ads provided by COD on YOUR web pages, solely in order to send traffic to
COD Target Page(s). Upon any termination of YOUR participation in this Webmaster Program, this
grant of rights shall cease and YOU must immediately remove COD's banners and ads from YOUR web
pages.
8.4 YOU are not authorized to use COD's names and/or trademarks and/or logos and/or banners
and ads for any other purpose. |
9.
PROHIBITED ACTIVITY. |
| 9.1 Any and all
practices that could reflect negatively on COD are prohibited. All Web traffic sent to COD Target
Page(s) must be voluntary and must originate from a Web page. Misleading text in connection with
the banner, forced exit traffic, forced click-throughs, and blind links, are all prohibited.
Postings to newsgroups, bulletin boards, clubs, or IRC postings,or other postings, with links
to COD Target Page(s) are prohibited. Links from e-mail are prohibited, whether or not the e-mail
constitutes unsolicted commercial e-mail (UCE), commonly known as SPAM.
9.2 YOU are prohibited from sending any Web traffic to COD Target Page(s) from any Web pages
with any content, on the Web page or in its URL, that infringe the rights of third parties, including
but not limited to: warez, password selling or trading, copyright or trademark or other intellectual
property infringement, privacy or right of publicity infringement, use of another's name or a
variation thereof without express consent. YOU are prohibited from sending any Web traffic to
COD Target Page(s) from any Web pages which violate any laws of a jurisdiction in which YOU or
COD is located, or which contain or promote, in any way, the following: obscene content, child
pornography, bestiality, rape, warez, password selling or trading, UCE or SPAM e-mails, copyright
or trademark or other intellectual property infringements, rights of privacy or publicity infringements,
use of another's name or variation thereof without express consent. ?
9.3 YOU are prohibited from placing COD banners or ads on a "Circle Jerk" site or
sending Web Traffic to COD Target Page(s) from a "Circle Jerk" site. "Circle Jerk" is
defined to include, but is not limited to, sites that hide or camouflage their entry button and/or
links to their pictures, as well as any effort to hide the site's true content with the intention
of tricking or encouraging browsers into clicking on banners. ?
9.4 YOU are prohibited from displaying COD Target Page(s) in a frame or similar device for displaying
COD Target Page(s) with other advertising or content. ?
9.5 YOU are prohibited from using COD's names and/or trademarks and/or logos and/or banners
and ads and/or other intellectual property in any unsolicited commercial e-mail (UCE), commonly
known as SPAM. ?
9.6 If YOU engage in any PROHIBITED ACTIVITY, or in any similar activity or practice to accomplish
similar results, YOUR participation in this Webmaster Program will be terminated immediately
as a violation of these Terms and Conditions. |
10.
WEB TRAFFIC FROM PASSWORD PROTECTED AREAS. |
| YOU are required
to provide a functional username and password to COD, upon request, for all password protected
URLs from which YOU have sent Web traffic to COD Target Page(s). The username/password combination
must remain functional throughout YOUR participation in this Webmaster Program. |
11.
NONRESPONSIBILITY FOR TECHNICAL PROBLEMS. |
| COD will not be held
responsible for any loss to YOU that is caused by computer server downtime resulting from complications
with YOUR or our hosting equipment or technical errors. |
12.
ENTIRE AGREEMENT |
| These Terms and Conditions,
along with the information provided by YOU about YOU and YOUR site(s), shall constitute the entire
agreement between YOU and COD. The date of execution shall be the date on which YOU submit to
COD all identity, contact (address, telephone, fax, e-mail) and tax information requested by
COD. |
13.
APPLICABLE LAW; ARBITRATION |
| This Agreement shall
be governed by, and construed in accordance with, the laws of the State of California, which
are applicable to contracts entered into and to be fully performed therein. Any dispute, controversy
or claim relating to this contract shall be settled by arbitration in the city of Los Angeles,
State of California in accordance with the rules and regulations governing commercial arbitration
promulgated by the American Arbitration Association before a neutral arbitrator(s) (i.e., individuals
who, to the best of either party's knowledge, do not have a bias in favor of, or against, either
party) having experience in matters involving Internet commerce. The decision of the arbitrators
shall be final and binding on the parties, and judgment upon the award rendered by the arbitrators
may be entered in any court having jurisdiction thereof. Any arbitration award shall include
attorney's fees for the prevailing party. |
14.
LIMITED LIABILITY. |
| Notwithstanding anything
to the contrary contained herein, COD shall not, under any circumstances, be liable to YOU for
incidental, special, or punitive damages, including but not limited to lost profits, even if
apprised of the likelihood of such damages occurring. |
15.
NOTICES. |
| All notices which
YOU are required hereto or may desire to give to COD shall be in writing and shall be given either
by personal delivery (which shall include by means of overnight delivery services), fax or e-mail
or by registered or certified mail (postage prepaid), air mail if available. Such notices shall
be deemed given on the date delivered, faxed, e-mailed, or, if mailed, on a date three (3) business
days after the date of mailing if mailed in the United States or five (5) business days after
the date of mailing if mailed outside of the United States. Until further notice, notices given
to COD shall be given as follows: DagnyCash, c/o DHD Media, 13428 Maxella Ave Ste. 294, Marina
Del Rey, CA, 90292, Fax:(310) 258-6229, or via email. Notices given to YOU shall be given
to the contact information (address, fax, e-mail) provided by YOU upon committing to this Webmaster
Program, or such subsequent contact information YOU provide in writing to COD with receipt acknowledged. |
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