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COWBOYBUCKS
TERMS AND CONDITIONS
This Agreement contains the complete terms and conditions that apply to
your participation as a member of the CowboyBucks Program (the
“Program”) operated by Max World Entertainment, Inc. (hereinafter,
“Company,” “we” or “us”). As used in this Agreement, “you” or “your”
means the applicant/participating member.
THIS IS A LEGAL AGREEMENT BETWEEN YOU
AND COMPANY. BY CHECKING THE “I AGREE” BOX AT THE END OF THIS DOCUMENT
YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND
CONDITIONS SET FORTH HEREIN AND ARE INDICATING YOUR ACCEPTANCE OF THIS
AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS
HEREOF. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM UNLESS YOU
HAVE ACCEPTED EACH AND EVERY TERM HEREOF.
1. Enrollment in this Program.
To begin the enrollment process, you
will submit a completed application through our website http://www.CowboyBucks.com.
We will evaluate your application in good faith and will notify you of
your acceptance or rejection. We will reject your application if we
determine that you have provided inaccurate or incomplete signup
information, determine that you are under 18 years of age (21 in some
jurisdictions) or 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”). Again, you must be
at least eighteen (18) years of age (or older if legal age of majority
is more than 18) to participate in this Program.
2. Utilizing Links on Your Site.
As an affiliate website of COMPANY
(“Affiliate Site”), you may use any form of promotion you choose,
consistent with the terms of this Agreement. You may use banner
advertisements, button links and/or text links to our site (the
“Links”), however, you cannot employ deceptive language or misleading
URLs in the Links, and you CANNOT MARKET BY SENDING UNSOLICITED BULK
E-MAILS!!! (As used herein, UBE, or “Spam” refers to the transmission of
unsolicited bulk e-mails, i.e., not derived from a verifiable opt-in
program or sent absent a prior business relationship with the
recipient). Any activity by you or on your behalf that we determine or
reasonably suspect to be the result of an unsolicited bulk e-mail
program will result in your immediate termination from the Program and
your forfeiting of monies otherwise due you hereunder. (For further
guidelines on this topic, please see Section 5, below.) Allowable
promotional links may contain COMPANY’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 COMPANY. 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. Commissions.
The Program comes in two forms of
commission payout: (1) payout based on revenue sharing, (2) payout based
on signup, (c) payout based on active memberships,
(a) Rev Share : We will pay you a
percentage of all monies earned from a subscribers membership.
(b) Per Signup : We will pay you a
commission per sign-up coming from your Links.
The Commission Rate is subject to
change from time to time, upon e-mail notice to you. 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 visitors 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. No commission will be paid
for signups by you or anyone within your organization.
4. Commission Payment.
Commissions due and owing to you
under the Program will be paid to you directly by COMPANY on a weekly
basis for the prior weeks activity. Payments due and owing to you for a
pay period of less than $100.00 will be rolled over into subsequent
payment periods until at least $100.00 is reached, at which time you
will receive payment. Payments will be in the form of a check in US
dollars payable to you, as identified in your application, and will be
mailed to the street address indicated in your application. You may
request and receive payment via bank wire transfer, provided, you pay
the costs associated with the wire. Payment via wire is available only
for payments of $500 or more for said pay period. If you dispute the
manner or amount of calculation of your commission with regard to any
given payment period, you must inform COMPANY within sixty (60) days of
said payment, otherwise you are deemed to have waived your right to
challenge said payment calculation.
5. NO PASSWORD SITES
We have the right to immediately, and
without notice, terminate your participation in the Program if we, in
our sole and exclusive judgement, conclude that you use a illegal
PASSWORD SITE to advertise CowboyBucks, YOU WILL BE BARRED FROM FUTURE
PARTICIPATION IN THE PROGRAM AND ALL FUNDS OTHERWISE DUE TO YOU WILL BE
FORFEITED TO THE COMPANY.
6. ACCEPTABLE USE POLICY REGARDING
BULK E-MAILINGS
We do allow Webmasters to market
websites promoted through this Program through the transmission of bulk
e-mails, however, it is extremely important that any such mass
e-mailings by you conform to our policies. Moreover, you need to be
aware of the fact that many service providers, such as America Online,
Inc. (AOL), have their own standards and policies when it comes to mass
mailings to their members. By way of example, please familiarize
yourself with AOLs policy, as most mass mailings will reach at least
some, and potentially many, AOL members (e.g., --------@aol.com) http://www.aol.com/info/bulkemail.html.
The marketing of websites promoted by
this Program is strictly prohibited if done through the transmission of
unsolicited bulk email. In other words, you must have a prior business
relationship with the e-mail recipient, including but not limited to
having obtained their e-mail address through a verifiable opt-in
procedure. We strongly encourage you to maintain electronic records of
the manner in which you obtain e-mail addresses for use in mailings.
This is because, if we receive a complaint from a person who received a
promotional e-mailing from you, you will need to demonstrate to us that
such person did not receive unsolicited bulk e-mail from you. We also
strictly prohibit you from transmitting e-mail that makes use of or
contains invalid or forged headers, invalid or non-existent domain names
or other means of deceptive addressing (“counterfeit e-mail”). Do NOT do
this. We also strictly prohibit you from transmitting e-mail that is
relayed from any third party's mail servers without the permission of
that third party, or which employs similar techniques to hide or obscure
the source of the e-mail. Do NOT do this. 7. Non-Exclusive Limited License
and Use of Affiliate Logos and Trademarks.
You grant us a non-exclusive license
to utilize your names, titles and logos, trademarks (collectively the
“Affiliate Trademarks”), to advertise, market, promote and publicize in
any manner our rights hereunder. Notwithstanding anything herein to the
contrary, we shall not be required to so advertise, market, promote or
publicize. You hereby represent and warrant that you are the sole and
exclusive owner of the Affiliate Trademarks and have the right and power
to grant to us the license to use same in the manner contemplated
herein, and such grant does not or will not (i) breach, conflict with or
constitute a default under any agreement or other instrument applicable
to you or binding upon you, or (ii) infringe upon any trademark, trade
name, service mark, copyright, or other proprietary right of any other
person or entity. This license shall terminate upon the effective date
of the expiration or termination of this Agreement.
8. Responsibility for Your Site.
You will be solely responsible for
the development, operation and maintenance of your site and for all
materials that appear on your site. You are not COMPANYs agent, and 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 partys copyrighted or other proprietary material. We will
not be responsible if you use another partys 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 bulk e-mail (see
Section 5, above), IRC postings, forged header mailings or any other
form of mailing, including but not limited to, newsgroups or AOL
customers or otherwise violate the anti-UBE policies of ISPs or state
law; 9. Test Joins
CowboyBucks does not pay for
affiliate test joins. We have no problem with you testing your account
by joining yourself. But you must notify CowboyBucks by Email. Please
Email us the site, date and username you joined with, so we can cancel
the join and payment. We will not pay on a join we feel is a test join.
10. Procedure Relating to Alleged
or Actual Third Party Rights Infringement by a Participating Webmaster.
Upon COMPANY's receipt of a proper
notice of alleged copyright, trademark, service mark or publicity rights
violation by Your participating website (the Notice of Infringement Form
used by COMPANY can be found at TCGII Infringement Form, COMPANY will
notify You and ask that You provide written documentation of your right
to use the allegedly infringing material in your website. That
documentation must be: (a) a license of the rights; (b) consent from the
rights holder or their agent; or (c) a written statement from You or
Your attorney (in either email or fax form) explaining Your claim to
have a lawful right, or a legal defense, to display the allegedly
infringing material.
If You do provide COMPANY with
appropriate rights documentation (a, b or c, above), COMPANY will
forward that documentation to the rights holder or their agent, as
appropriate. Should the rights. holder/agent not be satisfied, COMPANY
will provide the rights holder/agent with Your contact information in
order that they may contact You and pursue any remaining dispute with
You directly.
If you fail to provide the COMPANY an
appropriate written response (a, b or c, above), You will have ten (10)
days from the date of COMPANY's original notification to You to remove
the complained of content. Should you fail to remove said content within
ten days, the referring URL containing the complained of content will be
blocked and any funds otherwise due and payable to You relating to the
referring URL will be forfeited, UNTIL SUCH TIME AS YOU PROVIDE AN
APPROPRIATE WRITTEN RESPONSE. You will also be placed in an “infringer“
database, and should repeated complaints be made against you for rights
violations, COMPANY has the right to permanently terminate You from the
CowboyBucks program.
HOW TO REPORT ALLEGED RIGHTS
INFRINGEMENT BY A WEBMASTER PARTICIPATING IN THE CowboyBucks PROGRAM
If you are the holder, or authorized
representative of the holder, of a copyright, trademark, service mark,
or publicity right that you have reason believe is being infringed by a
third party webmaster participating in the CowboyBucks program, please
click on this link, download the information page and fax or mail the
completed page as indicated: CowboyBucks Infringement Form.
11. Term of the Agreements.
The term of this Agreement will begin
upon our acceptance of your Affiliate Program Application and will end
when terminated by either party. Either you or we may terminate this
Agreement at any time, with or without cause, by giving the other party
notice of termination. Notice by e-mail, to your e-mail address on our
records, is considered sufficient notice for to terminate this
Agreement. If this Agreement is terminated because you have violated the
terms of this Agreement you are not eligible to receive any commissions
payments, even for commissions earned prior to the date of termination.
If this Agreement is terminated for any other reason, you are only
eligible to earn a commission on sales occurring during the term of the
Agreement, and commissions earned through the date of termination will
remain payable only if the related orders are not canceled or returned.
We reserve the right to withhold your final payment for a reasonable
time to ensure that the correct amount is paid.
12. Modification.
We may modify any of the terms and
conditions contained in this Agreement, at any time and in our sole
discretion. Notice of any change by e-mail, to your address on our
records, or the posting on our site of a change notice of a new
agreement, is considered sufficient notice for notifying you of a
modification to the terms and conditions of this Agreement.
Modifications may include, but are not limited to, changes in the scope
of available commission fees, commission schedules, payment procedures,
and Affiliate Program rules. All such modifications shall take effect 48
hours after we serve notice as provided above, unless we indicate
otherwise. If any modification is unacceptable to you, your only
recourse is to terminate this Agreement. Your continued participation in
the Affiliate Program, following our posting of a change notice or new
agreement on our site, will constitute binding acceptance of the change.
13. Relationship of Parties.
You and COMPANY are independent
contractors, and nothing in this Agreement will create any partnership,
joint venture, agency franchise, sales representative, or employment
relationship between the parties. You will have no authority to make or
accept any offers or representations on our behalf. You will not make
any statement, whether on your site or otherwise, that reasonably would
contradict anything in this Section. You are not an agent of the COMPANY
and COMPANY expressly disclaims responsibility for any conduct by you in
violation of our terms of agreement.
14. Limitation of Liability.
We 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.
15. Disclaimers.
We make no express or implied
warranties or representations with respect to the Affiliate Program or
any COMPANY services or other items sold through the Program (including,
without limitation, warranties of fitness, merchantability,
non-infringement, or any implied warranties arising out of a course of
performance, dealing, or trade usage). In addition, we make no
representation that the operation of our site will be uninterrupted or
error-free, and we will not be liable for the consequences of any
interruptions or errors.
16. Representations and
Warranties.
You hereby represent and warrant to
us that this Agreement has been duly and validly executed and delivered
by you and constitutes your legal, valid and binding obligation,
enforceable against you in accordance with its terms; and that the
execution, delivery and performance by you of this Agreement are within
your legal capacity and power; have been duly authorized by all
requisite action on your part; require the approval or consent of no
other persons; and neither violate nor constitute a default under the (i)
provision of any law, rule, regulation, order, judgment or decree to
which you are subject or which is binding upon you, or (ii) the terms of
any other agreement, document or instrument applicable to you or binding
upon you. Should any law enforcement agency or internet service provider
provide COMPANY with notice that you have engaged in transmission of
unsolicited bulk e-mails or have otherwise engaged in unlawful conduct
or conduct in violation of said service providers terms of service, we
reserve the right to cooperate in any investigation relating to your
activities including disclosure of your account information in
connection therewith.
17. Confidentiality.
We may disclose to you certain
information as a result of your participation as part of the Program,
which information we consider to be confidential (herein referred to as
“Confidential Information”). For purpose of this Agreement, the term
“Confidential Information“ shall include, but not be limited to, any
modifications to the terms and provisions of this Affiliate Program
Agreement made specifically for your site and not generally available to
other members of the Affiliate Program, website, business and financial
information relating to COMPANY, customer and vendor lists relating to
COMPANY and any members of the Affiliate Program, other than you.
Confidential Information shall also include any information that we
designate as confidential during the term of this Agreement. You agree
not to disclose any Confidential Information and that such Confidential
Information shall also include any information that we designate as
confidential during the term of this Agreement. You agree not to
disclose any Confidential Information and that such Confidential
Information shall remain strictly confidential and secret and shall not
be utilized, directly or indirectly, by you for your own business
purposes or for any other purpose except and solely to the extent that
any such information is generally known or available to the public or if
same is required by law or legal process. Should you received a court
notice, complaint or subpoena requesting or seeking to compel disclosure
of Confidential Information, you shall immediately inform COMPANY and
COMPANY shall have the right, and be given the opportunity, to obtain a
protective order to prevent disclosure of such Confidential Information.
We make no warranty, expressed or implied, with respect to any
information delivered hereunder, including implied warranties of
merchantability, fitness for a particular purpose or freedom from
patent, trademark or copyright infringements, whether arising by law,
custom or conduct, or as to the accuracy or completeness of the
information and we shall not have any liability to you or to any other
person resulting from your or such third persons use of the information.
18. Indemnification.
You hereby agree to indemnify, defend
and hold harmless COMPANY, its shareholders, officers, directors,
employees, agents, affiliates, successors and assigns, from and against
any and all claims, losses, liabilities, damages or expense (including
attorneys fees and costs) of any nature whatsoever incurred or suffered
by us (collectively the “Losses”), in so far as such Losses (or actions
in respect thereof) arise out of or are based on (i) any claim or
threatened claim that our use of the Affiliate Trademarks infringes on
the rights of any third party; (ii) the breach of any promise, covenant,
representation or warranty made by you herein; or (iii) or any claim
related to your site.
THIS IS A LEGAL AGREEMENT BETWEEN
YOU AND COMPANY. BY CHECKING THE “Sign Me Up“ BOX AT THE END OF THIS
AFFILIATE PROGRAM AGREEMENT YOU ARE STATING THAT YOU HAVE READ AND
UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE INDICATING YOUR ACCEPTANCE
OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE
TERMS THEREOF.
Note: Your Affiliate Program
Application will be presented upon accepting this Affiliate Program
Agreement.
Any additional questions or comments please contact richard@maxhardcore.com or call 626-791-5800
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