You must agree to the terms and conditions below to be able to sign up for our program.
Payserve Partnership Program - TERMS AND CONDITIONS
The following terms and conditions reflect the obligations of the user identified by the personal data, address and e-mail address specified in the sign-up/registration form (hereinafter referred to as "you" or "your", "affiliate" or "affiliate member(s)" ) and International Media Company (hereinafter called "IMC") when you use IMC's PAYSERVE program to promote IMC's websites. All conditions must be adhered to, and are legally binding. You are responsible for reading and respecting all the conditions defined by IMC. If the conditions are not respected, your account will be terminated and the payment void. No warnings will be issued, and no reasons or excuses will be accepted.
The following describes the general restrictions and obligations that have to be followed by you, independently of the specific program used by you to promote IMC's websites.
RESTRICTIONS AND OBLIGATIONS:
1. The minimum age for participation is 18 (eighteen). To link to our sites, you may only use banners/text links designed or approved by IMC. The surfer has to click on the banner/text link promoting a specific site from IMC for that site to be loaded. IMC must at all time be able to track your hits and visit the websites from where the visitors are coming from. All hits must come from your own web page(s). You are not authorized to use IMC's name, URL or anything associated with IMC or its websites outside of your website(s).
2. No SPAM will be tolerated. Should IMC receive complaints due to unsolicited emails sent by or via you, you will be on our blacklist and your account will be terminated immediately and payment will be void. This condition applies to, but is not limited to, newsgroup postings, email links, etc. You are also not allowed to open the website in a pop up window or in a console. As our dialler is integrated in our programs, the word "free" is not allowed in your advertising methods.
3. Affiliate members are not permitted to use IMC's sign up forms within a co-registration or automated transfer process. IMC is under no obligation to pay for subscribers generated using either of these methods. The form action for subscription must be to IMC servers, and initiated by the surfer. Failure of an affiliate in this regard will result in IMC canceling all payments due to that affiliate.
4. Affiliate members are not permitted to display a IMC sign up form on mailing list unsubscribe pages. IMC wants to protect the risk of SPAM complaints that are often associated with this type of form implementation. IMC is under no obligation to pay for signups generated from unsubscribe pages.
5. You may not promote our PAYSERVE program on or to sites that promote or contain content pertaining to or displaying child pornography "actual" or "suggested", molestation, beastiality, rape/torture, hate crimes/hate propaganda, acts of violence, or other illegal content, any references to "Lolita", "Pre-Teen" and "youngest", any URL names implying any unqualified content or any other sites displaying illegal material, password selling or trading. Nor may you promote our PAYSERVE program on any other non-adult web sites unless you have received an authorization before doing so from IMC. If you not do so, your account will be terminated and the payment void.
6. Sites that promote illegal activity, anti-government activity or discrimination based on race, sex, religion, sexual orientation or physical disability are not permitted to participate in IMC's PAYSERVE program.
7. Affiliate members are not permitted to promote Payserve paysites through SE campaigns like AdWords, Yahoo, Bing & other search engine campaigns without any prior discussion with ralph@payserve.com . We don't want webmasters to compete with our own campaigns and that's why contact is absolutely necessary to start any SE campaigns. SE campaigns that are damaging Payserve may lead to termination of your account without getting paid.
8.Any affiliate member who violates or infringes upon 3rd party copyright, trademark, patent, or any intellectual property rights will have their account terminated immediately, this includes, but is not limited, fraudulent activity against any other program. Termination will result if you are found to be profiting from the false submission of names, using executable files to scam other online ventures and/or if you are in any way committing fraud against 3rd party companies.
9. You may not keep a copy of any of the names or associated data they generate through the PAYSERVE program. IMC retains sole and exclusive rights to this data.
10. If you cheat anywhere on the IMC network, you will loose all accounts in all programs and will not be allowed to gain access to new accounts. Credit card fraud is closely monitored and will not be tolerated by IMC. Misleading advertising by you will be considered as cheating. In the event that any sort of mechanism that falsely generates hits and/or signups to the website is detected by IMC, you will be prosecuted to the fullest extent of the law and earnings will not be paid.
11. IMC reserves the right to terminate any affiliate for any reason, including but not limited to, fraud or suspected fraud. Fraud includes, but is not limited to, the submission of unauthorized email signups, the creation of new email addresses for submission by the affiliate, or changing HTML or other code related to the affiliate program. IMC is not obligated to pay the balance of a terminated affiliate's account.
11.2 Tube Promotion. Our Terms of Service offers a specific process of promotion required of any website using our content on their pages. Specifically we require a very visible link on a page containing our content to the paysite the content originated from. Since you do not have any of our content on your site yet I have checked to see if the content present has visible links to other sponsor that you may have gotten content from. You can check this page: http://payserve.com/termsToS.html to see some examples of how we would like links to appear on your sites promoting us. If you have any questions please reply back to this e mail I will be happy to answer any you might have.
12. Referring an affiliate who already exists in the affiliate database is not supported by IMC. Doing so may result in your termination from the program without compensation.
13. Affiliates will not receive referral commissions from referred affiliates who are terminated from the program for any reason.
14. IMC reserves the right to suspend and/or cancel payment to an affiliate who has been found to have altered, changed and/or modified the HTML of the IMC sign up form. The IMC sign up form must be in its original format, which must contain the original amount of lists, the proper pre-checked boxes, an email and zip code form submission field, etc. Permission is needed to make modifications. Contact us for details.
15. IMC is not obligated in any way to reveal the reasons for termination of referred affiliates. IMC will not release information on an affiliate unless fraud and/or abuse has been committed against a third party program. The final decision regarding account status and information will be made by IMC in the case of a request for information by a third party program/venture.
16. In no event shall IMC be liable to you for any damages, whether direct, indirect, incidental or consequential, arising out of the use or inability to use the PAYSERVE Program, including your use of the PAYSERVE Program for any other purpose than what has been stated in these terms and conditions, even if IMC has been advised of the possibility of such damages. IMC's aggregate liability, if any, arising out of or in any way related to its performance of the services provided for under these terms and conditions shall be limited to EUR 50,00 (fifty euro); and in no event shall IMC, its staff, its agents, or its suppliers pay for incidental, indirect, special, or consequential damages, even if they have been advised of or should have foreseen, the possibility of such damages.
17. IMC shall not be liable for any damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any communication, advertisement, or other materials of any kind comprising in whole or in part your use of IMC's services or PAYSERVE Program.
18. IMC disclaims any and all liability with regard to the operation of affiliate sites. These sites are outside of IMC's control, and as such IMC cannot be held responsible for their actions.
19. IMC shall in no event be liable to you, your customers or any third party for any loss resulting from any failure to perform its obligations under these terms and conditions because of intrusion or malicious attacks by hackers on the PAYSERVE Program, theft of access codes or passwords from our installations, or other acts by any third party beyond IMC's direct control, including but not limited to acts of God, nature, any government agency(ies), war, civil disturbance, labor disputes or shortages, electrical or mechanical breakdowns, inability or refusal of a common carrier to provide communications capabilities as well as the issuance of an injunction or seizure order by a court of competent jurisdiction prohibiting IMC from carrying on its day-to-day operations as contemplated under these terms and conditions or an order by any regulatory, administrative, judicial or legislative body, which shall temporarily suspend or permanently terminate IMC's ability to provide you access to the services and/or IMC's PAYSERVE Program pursuant to these terms and conditions.
20. Except for the express warranties stated herein, the PAYSERVE Program and IMC's services are provided "as is", and IMC disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the PAYSERVE Program, IMC's services or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. IMC makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. In addition, IMC makes no declarations that the services or the PAYSERVE Program will be uninterrupted or error-free and IMC shall not be liable for any damages, whether direct, indirect, incidental or consequential, arising out of any interruptions or errors occurred as a consequence of your use of IMC's services or PAYSERVE Program.
21. You hereby agree to indemnify, defend and hold harmless IMC, 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 IMC (collectively the "losses"), insofar as the losses (or actions in respect thereof) arise out of or are based on: a) any claim or threatened claim that IMC's use of tour trademark(s), if any, infringes on the rights of any third party; b) the breach of any promise, covenant, representation or warranty made by you in these terrms and conditions; or c) any claim related to your web pages. IMC's indemnity rights shall not be limited or offset by any contributory negligence by IMC. IMC may participate in the defense at its expense.
22. You, acting as the potential affiliate, warrant that you have the legal capacity to enter into a binding contract, and, if appropriate, have the authority to bind your principal or employers to these terms and conditions.
PAYSERVE PROGRAMS:
Partnership Program:
You will be paid a minimum of 50 % of the profits generated on IMC's websites from your traffic, which is not limited to signups but also on all your future renewals.The pay out percentage depends on the number of signups you generate.Signups will not be tracked by IMC should the customer refuse to be tracked (by disabling cookies). The commissions paid for a specific signup by IMC will be deducted from your account if that signup is identified as a fraudulent transaction.
PAYMENTS:
1. The earnings due to you are calculated by IMC. You can see the amount owed to you in the statistics section of PAYSERVE.
2. All payments will be made in Euro currency. The payment period is the end of each month. Payments are sent by IMC within 5 days of the end of a payment period. No payment for less than € 100 will be issued. It is possible that you request IMC to pay out only amounts that are higher than a certain fixed amount which should be at least € 100. Unpaid earnings are carried to the following payment period. The payments are made by Paxum, Wire transfer or Check. For payments made by check a € 10.00 fee will be deducted from the total amount and the min. payout is 1.000 Euro.
3. Using a fake payout name or filling out the application with false information is considered as a fraud (especially if you are caught cheating in another account). IMC reserves the right to close ALL the accounts and void the payment of you caught cheating with one of his account. In the event that IMC detects any sort of fraud made by you, IMC will prosecute you to the fullest extent of the law.
4. If PAYSERVE is closed by IMC, you will be notified and will be paid for all earnings generated up to that point in time, except in cases where it is determined that you has cheated by violating these terms and conditions.
5. If you want to close a publicity account, you must contact IMC and request for your account to be closed. In this case, IMC will pay for all earnings generated up to that point in time, except in cases where it is determined that you have cheated by violating these terms and conditions.
6. IMC's files will prevail in determining the amount of valid email subscribers an affiliate has generated.
7. IMC's systems are responsible for tracking affiliate accounts, and are not liable for system downtime. Historically, IMC has provided downtime compensation. Provided that downtime compensation is offered, IMC will determine the exact amount of compensation. Each case is unique and the compensation depends upon the effect to subscriptions and payments. IMC will have any and all final judgments regarding downtime compensation.
GENERAL:
1. IMC reserves the right to terminate this agreement or transfer an account from a publicity program to another at any time, for any reason, including, but not restricted to, profitability. In any case, you will be notified and will be paid for all earnings generated up to that point in time, except in cases where it is determined that you have cheated by violating these terms and conditions.
2. If any of the these terms and conditions need to be changed, or new terms and conditions added, IMC will post a notice on your statistic page. You will then have fourteen (14) days to respect the new condition should it apply to you before IMC starts enforcing it. If you don't respect the new condition after the said delay, your account will be terminated. Your continued use of IMC's PAYSERVE Program, following IMC's posting of modifications or of a new set of terms and conditions on IMC's site, will constitute your binding acceptance of such a change in the terms and conditions.
3. As an affiliate member you have to regard the following: upon termination of an affiliate's account, the affiliate member must immediately cease using IMC's names, forms, banners, buttons, popup consoles, images and representations of IMC thereof on their site.
4. The services and PAYSERVE Program licensed to you under these terms of agreement are protected by copyrights. You may not distribute, reproduce, decode, transmit or transfer, in whole or in part, any documentation or software codes contained herein without express prior written permission by IMC.
5. In case any one or more of the provisions contained in these terms and conditions shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included.
6. This agreement, the interpretation and execution thereof, and the relationship between you and IMC, shall be governed by, and construed in accordance with, the laws of the Netherlands. Any claim or dispute arising either directly or indirectly out of this agreement shall be brought before the competent court of Haarlem, which court shall have exclusive jurisdiction. Notwithstanding the foregoing, IMC shall have the right to institute any legal proceedings against you before the competent court in your home jurisdiction or elsewhere. |
