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This Internet Webmaster Agreement (the “Agreement”) is between you and StickyBoxBucks.com
By clicking below you agree as follows..
1. Participation. In order to enroll and participate as a Webmaster in the StickyBoxBucks Program, you must be over eighteen (18) years of age [21 years of age in the States of AL, MS, NE, WY], or over the age of majority if you reside and/or conduct business in states, provinces or countries where the age of majority is greater than eighteen (18) years of age. You must be the owner of the website or the individual vested with the authority to enter into contracts on behalf of the entity that owns the rights to your website. You may not participate in the StickyBoxBucks.com Program in any manner if you are not of the age of majority in the state, province or country where you reside and/or conduct business.
2. Definition of Active Webmaster. An active Webmaster is defined as a Webmaster that has sent a minimum number of valid referrals, which result in, qualified signups on a monthly basis (the required minimum number is randomly between 4-8 in a period of 30 days) to the program. Relatives and employees are not eligible as referrals and any attempt to refer ineligible individuals to the program will result in immediate account termination.
3. Definition of Qualified Signup. A qualified signup is a signup of a valid referral that does not result in a refund or reversal in the first 24 hours of membership and is not in violation of the terms of this agreement.
4. Definition of Valid Referral. A referral is valid if it is not in violation of the terms of this agreement.
5. Payment. All payouts are made in US funds by
check, or wire. Earning below $25 will be rolled over
to the next period till you reach the minimum payout of $25. For wire transfers there is processing fee of
$30.
6. Fraudulent Activity. You acknowledge and agree that StickyBoxBucks.com shall have the right, in its sole and exclusive discretion, at any time to expand or modify what it determines to constitute possible fraudulent activity. Without limiting the foregoing, possible fraudulent activity shall include without limitation, the following circumstances or activities: 1.Where there has been an attempt to put through a credit card with a bin number that is listed in a negative bin number database; and 2. Where there have been sequential or multiple attempts to register or subscribe from a credit card using the same bin number and sequential or multiple number strings to complete the credit card number.
7. Charge Backs. StickyBoxBucks.com reserves the right to cancel any Webmaster’s account that has an unusually high number of charge-backs and refunds as decided in the sole and unfettered discretion of StickyBoxBucks.com. Any monies, which are due to any Webmaster whose account has been terminated due to charge-backs and refunds, will be forfeited as partial damages under the terms of this agreement.
8. Modification to Terms of Service. StickyBoxBucks.com shall have the right to modify any of the terms and conditions contained in this Agreement at any time and in its sole and unfettered discretion. Notice of any change in the terms and conditions by e-mail, to the e-mail address contained in the records of StickyBoxBucks.com, or by the posting on StickyBoxBucks Concept’s website of a change notice is considered sufficient notice of a modification to the terms and conditions contained in this Agreement. Modifications to the Terms of Service may include, but are not limited to, changes in the payment of fees, payment procedures and participation rules. Any such modification shall be effective 48 hours following service of notice as provided hereinabove. Should you find any modification to be unacceptable, your only recourse is to terminate your status as Webmaster with StickyBoxBucks.com. Your continued participation following the posting of a change notice shall constitute acceptance of any and all changes and shall be binding.
9. Unacceptable Traffic. Child Pornography, beastiality, rape, torture and/or any other type of obscene and/or illegal material are not tolerated by StickyBoxBucks.com. If you send hits or cause hits to be sent from any site which contains Child Pornography, bestiality, rape, torture of any other type of obscene and/or illegal material your status as Webmaster will be revoked, your account cancelled and all monies due to you will be forfeited as partial damages for violation(s) of the StickyBoxBucks ’s terms and services. Further, StickyBoxBucks.com does not accept traffic from any site that contains materials which constitutes an infringement, misappropriation or violation of any individual’s or entity’s intellectual property rights including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc.
10. Reservation of Rights. StickyBoxBucks.com reserves the right to cancel this program at any time. StickyBoxBucks.com shall not be liable for any losses due to server downtime, net congestions and any and all similar and like occurrences or difficulties. All StickyBoxBucks.com program benefit materials, including but not limited to all advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property provided to you by StickyBoxBucks.com as part of this program shall remain the property of StickyBoxBucks.com and may not be copied, reproduced, altered, modified, changed, broadcast, distributed, transmitted, disseminated, sold or offered for sale in any manner except as expressly authorized in writing by StickyBoxBucks.com. Should any law enforcement agency, internet service provider or other individual or entity provide StickyBoxBucks.com with notice that you have engaged in the transmission of unsolicited e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider’s terms of service, StickyBoxBucks.com reserves the right to cooperate in any investigation relating to your activities, including the disclosure of your account information in connection therewith.
11. Spamming. StickyBoxBucks.com has a ZERO TOLERANCE policy relating to “spamming.” No spamming of any kind, whatsoever, is permitted to StickyBoxBucks.com’s site, including IRC. Participation will be terminated without notice if in the sole and unfettered discretion of StickyBoxBucks.com it is concluded that you have engaged in the use of any form of mass unsolicited electronic mail solicitations, news group postings, password selling or trading, warez, IRC positing or any other form of “spamming.” Further, upon termination, all funds otherwise due to you under the terms of this agreement will be forfeited as partial damages for violation of the terms of this Agreement. Should any law enforcement agency, internet service provider or other individual or entity provide StickyBoxBucks.com with notice that you have engaged in the transmission of unsolicited e-mails StickyBoxBucks.com reserves the right to cooperate in any investigation relating to your activities, including the disclosure of your account information in connection therewith.
12. Representations and Warranties. You hereby represent, warrant and covenant 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. You further represent, warrant and covenant that the execution, delivery and performance by you of this Agreement is within your legal capacity and power, has been: (1) duly authorized by all requisite actions taken on your part; (2) does not require the approval or consent of any other individuals or entities; (3) does not violate nor constitute a default under any provision of law, rule, regulation, order, judgment, or decree to which you are subject or which is binding upon you; and (4) does not violate the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency, internet service provider or other individual or entity provide StickyBoxBucks.com with notice that you have engaged in the transmission of unsolicited e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider’s terms of service, StickyBoxBucks.com reserves the right to cooperate in any investigation relating to your activities, including the disclosure of your account information in connection therewith.
13. Limitation of Liability. You expressly understand and agree that StickyBoxBucks.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, date or other intangible losses (even if StickyBoxBucks.com has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service, (iii) unauthorized access to or alteration of your transmissions or date; (iv) statements or conduct of any third party; or (v) any other matter relating to the service. Note: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the provisions of the limitations hereinabove may not apply to you.
14. Indemnification. You hereby agree to indemnify, defend and hold harmless StickyBoxBucks.com, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' and any other professional fees and costs) of any nature whatsoever incurred or suffered by StickyBoxBucks.com, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns (collectively the "losses"), in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties or covenants. You shall cooperate as fully as reasonable required in the defense of any claim. StickyBoxBucks.com reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you and you shall not in any manner settle any matter without the express written consent of StickyBoxBucks.com.
15. Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the European Union, without regard to conflicts of law principles. You hereby submit to the jurisdiction and venue of European Union Courts. You consent to service of process in any legal proceeding.
16. Miscellaneous. This Agreement may not be assigned without the prior written consent of StickyBoxBucks.com. This Agreement shall be binding on, inure to the benefit of and be enforceable against the parties hereto, their successors and assigns. The failure of StickyBoxBucks.com to enforce the strict performance of the terms of any provision of this Agreement shall not be deemed a waiver of the right of StickyBoxBucks.com to subsequently strictly enforce any provision of this Agreement. This Agreement constitutes the entire agreement between you and StickyBoxBucks.com. If for any reason a court of competent jurisdiction finds that any provision of this Agreement, or portion thereof, to unenforceable, in whole or in part, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement and the remainder of this Agreement shall continue in full force and effect.
17. Acceptance and Execution of Agreement. By clicking on the “I agree” button on the signup form, and by supplying StickyBoxBucks.com with all the required information to sign you up as a Webmaster, you are acknowledging that you have read and agree to all of the terms and conditions, promises, warranties, duties and obligations set forth in the above agreement and agree to be bound by the terms thereof. |
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