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AFFILIATE TERMS AND CONDITIONS |
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By clicking on ‘I accept’ and/or ‘create
account’, the affiliate is entering into this legal agreement with Brazbucks.com
and affirmatively stating that same has read, understands and accepts the
agreement and as such agrees to be bound by the terms and conditions set
forth herein. Affiliate cannot become
a member of the Brazbucks Affiliate Program unless accepting each and every
term and condition herein. 1) In order to enroll
and participate as a webmaster in the Brazbucks Affiliate Program, the
affiliate must be over eighteen (18)
years of age and/or over the age of majority if residing and/or
conducting business in states, provinces or countries where the age of
majority is greater than eighteen (18) years of age. The affiliate may not participate in the Brazbucks
affiliate program in any manner if not of the age of majority in the state,
province or country where residing and/or conducting business. If affiliate is a corporation or any other
legal entity, its shareholders, partners and directors must be over eighteen (18) years of age
and/or over the age of majority if residing and/or conducting business in
states, provinces or countries where the age of majority is greater than
eighteen (18) years of age. If at any
time, Brazbucks.com discovers that an affiliate is under 18 years of age
and/or under the age of majority, the affiliate’s account shall be cancelled
and all monies due will be forfeited as partial damages for violation(s) of
the terms and services of the Agreement. 2) The affiliate 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 the affiliate
website. 3) The Agreement and the
provisions hereof, shall be in full force and effect commencing on the date
accepted by Brazbucks.com and exist until terminated by either party in
accordance with the provisions set forth herein. 4) All payments are made
in U.S. dollars (“USD”). Webmaster Referral
Program 5) An Active Webmaster
is defined as a Webmaster that has earned a minimum of $75.00$ of income/payouts with the Brazbucks.com affiliate
program. A referring Webmaster will be credited 100.00$ for a
webmaster referral once the referred webmaster reaches 75.00$ of
income/payouts with the Brazbucks.com affiliate program. Webmasters
family members and employees are not eligible as referrals and any attempt to
refer ineligible individuals to the program will result in immediate account
termination. 6) A valid referral is
defined as an active webmaster that receives 75.00$ of income/payouts from the Brazbucks.com affiliate
program and is not in violation/breach of the terms of this
agreement.
7) Structure: -
$25.00 Pay Per Signup: Brazbucks.com shall pay the
affiliate 25.00 $ per signup, generated through any of Brazbucks tours
whether the consumer purchases a trial or monthly or multi month membership. -
60/40 Revenue Sharing:
Brazbucks.com shall pay the affiliate 60% recurring of all signups and re bills that the affiliate’s
traffic generates using this program. 8) A signup is defined
as a signup from 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. 9) Affiliate
acknowledges and agrees that they shall not be entitled to a commission or
referral fee for any and all referrals, which are in breach/violation of the
terms of this agreement. Affiliate also acknowledges and agrees they shall
not be entitled to a commission or referral fee from Brazbucks.com for any
subscription, which Brazbucks.com in its sole and unfettered discretion
determines, is the result of possible fraudulent activity. In addition, family members and employees of
the affiliate are not eligible as sign ups and any attempt to refer
ineligible individuals to the program will result in immediate account
termination. 10)
Brazbucks.com reserves the right to determine the manner
in which payments shall be processed.
Generally, the pay period shall be split into two monthly
periods: from the 1st of the month to
the 15th of the month and from the 16th of the month to the last day of the
month. Generally, payments shall be
made 30 days after the end of pay period. Generally, the first payment is sent 30
days after end of pay period and subsequent payments are sent every 2 weeks thereafter. 11) The affiliate shall
be solely responsible for the operation, development and general maintenance
of their website. 12) An Affiliate is not
authorized to and shall not change, modify or in any way edit Brazbucks
names, images, file names, trademarks, design logos, watermarks, banners,
ads, descriptive logos or any other material for any purpose other than as
expressly set forth herein or in any modification to this Agreement. More over, an affiliate shall not remove,
edit, modify, alter or change the Brazzers or any other Brazbucks watermark
in any way, nor shall they insert publicity of any kind within the videos/scenes
(during, before or after). The
affiliate acknowledges and understands that any breach of these provisions
gives Brazbucks the right to revoke one’s webmaster status without notice as
well as cancel the affiliate’s account and all monies due will be forfeited
as partial damages for violation(s) of the terms and services of the
Agreement. 13)
All scenes (videos) belonging to Brazbucks and/or its
subsidiaries posted/uploaded/published onto websites by the affiliate as part
of the Brazbucks affiliate program shall not run longer than three (3)
minutes in total duration. In
addition, when posting/uploading/publishing a scene, the affiliate agrees not
to post more than one part of the scene.
More than one part of the same scene cannot be posted. Any affiliate
that posts/uploads/publishes scenes longer than three minutes and/or posts
various parts of the same scene, acknowledges and understands that Brazbucks shall
have the right to revoke one’s webmaster status without notice as well as
cancel the affiliate’s account and all monies due will be forfeited as
partial damages for violation(s) of the terms and services of the Agreement. 14) Brazbucks.com abides
by a ZERO TOLERANCE policy
relating to “spamming.” No spamming of any kind or in any form,
whatsoever, is permitted to Brazbucks.com's site. Brazbucks does not allow
Webmasters to market websites under this program through the transmission of
unsolicited bulk e-mails, therefore, it is extremely important that any mass
e-mailings by you conform to our policies. To comply with the new US Federal Law, CAN-SPAM Act of 2003 Brazbucks strictly enforces the following
policy effective midnight, December 31, 2003. 15) Affiliate
acknowledges and agrees that its website(s) shall be in full compliance with
Section 2257 of Title 18, United States Code, the “Records Keeping and
Labeling Act” containing all information as required by Section 2257 of Title
18. Affiliate further acknowledges
that it has a legal obligation to comply with disclosure provisions of the
Records Keeping and Labeling Act and shall identify a custodian of records
and address for each and every image appearing on the affiliate’s website
and/or comply with all amendments of Section 2257 of Title 18. The affiliate warrants that all content on
its website shall be compliant with Section 2257 of Title 18 and all models
were at least eighteen (18) years of age when content was created. 16)
The affiliate shall not use Brazbucks.com’s images or
videos for promotion of any other site. 17)
Brazbucks.com abides by a ZERO TOLERANCE policy relating to any illegal content. Child
Pornography, bestiality, rape, torture, snuff, death and/or any other type of
obscene and/or illegal material shall not be tolerated by Brazbucks.com. Should an affiliate send hits or cause hits
to be sent from any site which contains Child Pornography, bestiality, rape,
torture, snuff, death of any other type of obscene and/or illegal material, status
as Webmaster will be revoked without notice and account cancelled and all
monies due to the affiliate will be forfeited as partial damages for
violation(s) of the terms and services of the Agreement. Furthermore, should an affiliate website
contain any child pornography,
bestiality, rape, torture, snuff, death and/or any other type of obscene
and/or illegal material of any kind, Brazbucks.com shall revoke the
webmaster’s status without notice and terminate the account and all monies
due to the affiliate will be forfeited as partial damages for violation(s) of
the terms and services of the Agreement. 18) Brazbucks.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. If you send hits or cause hits to be sent from
any site which constitutes an infringement, misappropriation or violation of
any individual's or entity's intellectual property rights, your status as
Webmaster will be revoked without notice and your account cancelled and all
monies due to you will be forfeited as partial damages for violation(s) of
the terms and services of the Agreement.
Further more, should an affiliate website contain any material which
in Brazbucks’s sole discretion 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., Brazbucks.com shall revoke the
webmaster’s status without notice and terminate the account and all monies
due to the affiliate will be forfeited as partial damages for violation(s) of
the terms and services of the Agreement. 19) Brazbucks.com shall
not tolerate any form of deceptive, unfair and/or false advertising by an
affiliate and all such practices are prohibited. 20)
Brazbucks.com shall not tolerate any spyware or ad-aware
and shall not accept referrals obtained through Spyware or ad-ware and all
other software which sends data back to the user with his/her knowledge
and/or consent. 21)
The Affiliate acknowledges and agrees that Brazbucks shall have the right to revoke the
webmaster’s status without notice and terminate the account and all retain
monies due to the affiliate as partial damages for violation(s) of the terms
and conditions of the Agreement if in Brazbucks’s sole and unfettered
discretion, the affiliate has violated any of the terms of the agreement. 22) Affiliate accounts
terminated by Brazbucks due to a violation of the terms and conditions set
forth herein, cannot re-apply to the Brazbucks Affiliate Program without the
written consent of Brazbucks. Subject
to the restriction, the present Agreement will be binding on and enforceable
against parties and their respective successors and assigns. Failure by Brazbucks to enforce strict
performance of any provision in the Agreement will not constitute a waiver of
our right to subsequently enforce such provision or any other provision of
this Agreement. 23) Brazbucks.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 Brazbucks.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. 24) Affiliate
acknowledges and agrees that Brazbucks.com shall have the right, in its sole
and exclusive discretion, at any time during the term of this agreement, to
expand or modify what it determines to constitute possible fraudulent
activity. Without limiting the generality of the foregoing, possible
fraudulent activity shall include without limitation, the following
circumstances or activities: -Where there has been an attempt to process a
credit card with a bin number that is listed in a negative bin number
database; and -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. 25) All Brazbucks.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 the affiliate by Brazbucks.com as part
of this program shall remain the exclusive property of Brazbucks.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 Brazbucks.com. The
affiliate acknowledges and agrees that nothing in this agreement shall grant
the affiliate any right of ownership whatsoever in Brazbucks’s intellectual
property. The affiliate agrees that it
will not take any action or act in any manner that shall ruin or otherwise
impair the value and the goodwill associated with the Brazbucks brand and its
property. Affiliate agrees not to use Brazbucks’s
proprietary marks in a manner that diminishes its value or portray its
product in a negative manner. 26) Should any law
enforcement agency, internet service provider or other individual or entity
provide Brazbucks.com with notice that an affiliate has 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, Brazbucks.com
reserves the right to cooperate in any investigation relating to your
activities, including the disclosure of your account information in
connection therewith. 27) “Confidential Information” shall be defined as
any information, oral or written, treated as confidential that relates to
either party’s (or, if either party is
bound to protect the confidentially of any other persons information, such
other persons) past, present or future research, development or business
activities, including any unannounced product(s) and service(s) and including
any information relating to services, trade secrets, intellectual property,
developments, designs, inventions, processes, plans, financial information,
customer and supplier lists, forecasts, and projections. Confidential
information shall also include the terms of this Agreement, any date, idea,
technology, know-how, inventions, algorithms, process, technique, program,
computer software, computer code, and related documentation,
work-in-progress, future development, engineering, distribution, manufacturing,
marketing, business, technical, financial or personal matter relating to any
actor or actress present or future products, sales, customers, employees,
opportunities, markets or business in graphic text or electronic or any other
form, that is treated as confidential by either party. The affiliate agrees it shall not disclose
of any Confidential Information to any third party and shall not use
Confidential information for any purpose other than performance of the right
obligations of the agreement. Affiliate
shall also take all and any reasonable precautions to prevent any
unauthorized disclosure of Confidential Information. 28) Brazbucks.com reserves the right to cancel this program at any time. 29) Brazbucks.com shall not be liable for any losses due to server
downtime, net congestions and any and all similar and like occurrences or
difficulties. 30)
The parties to the agreement shall not be liable or be considered in
breach or default under the Agreement on account of delay or failure to
perform as required by this Agreement as a result of any causes or conditions
that are beyond the party’s reasonable control and that such party is unable
to overcome through the exercise of commercially reasonable diligence,
including but not limited to acts of God; wars, riots, acts of civil or
military authority, terrorism; fire, flood, earthquakes, hurricanes, tropical
storms or other natural disasters; strikes, etc. 31) The terms and
conditions of this Agreement are subject to change by Brazbucks.com at any
time in its sole discretion. You shall
be provided reasonable notice of any such changes by e-mail to your address
on our records or by posting the changes on the site and such shall be
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 Brazbucks’s
posting of a change notice or new agreement on the site, will constitute
binding acceptance of the change and shall constitute confirmation of
Webmaster’s acknowledgement and assent to any such modifications. You affirm that you have read this
Agreement and understand, agree and consent to its Terms and Conditions. 32) Nothing in this Agreement shall be construed so as to create a
relationship of partners, any partnership, joint venture, agency franchise,
sales representative, or employment relationship between the parties. Affiliate will have
no authority to make or accept any offers or representations on behalf of Brazbucks.com.
Affiliate will not make any statement, whether on their website or otherwise,
that would reasonably contradict anything in this Section. Affiliate is not
an agent of the Brazbucks.com and Brazbucks.com expressly disclaims
responsibility for any conduct by affiliate in violation of our terms of
agreement. 33) Brazbucks 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 Brazbucks.com have been advised of the possibility of such
damages. Furthermore, Brazbucks’s aggregate liability arising with respect to
this Agreement and the Affiliate Program will not exceed the total
commissions paid or payable to the affiliate under this Agreement. 34) Affiliate hereby represents and warrants to Brazbucks.com that this
Agreement has been duly and validly executed and delivered by the affiliate
and constitutes said affiliate’s legal, valid and binding obligation,
enforceable against affiliate in accordance with its terms; and that the
execution, delivery and performance by the affiliate of this Agreement are
within their legal capacity and power; have been duly authorized by all requisite
action on their 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 affiliate are
subject or which is binding upon affiliate, or (ii) the terms of any other
agreement, document or instrument applicable to affiliate or binding upon the
affiliate. Should any law enforcement agency or internet service provider
provide Brazbucks.com with notice that the affiliate has engaged in
transmission of unsolicited bulk e-mails or have otherwise engaged in
unlawful conduct or conduct in violation of said service provider's terms of
service, Brazbucks.com reserves the right to cooperate in any investigation
relating to affiliates activities including disclosure of affiliates r
account information in connection therewith. 35) The Affiliate may not
assign this Agreement including the rights and obligations to any third party
without the prior express written approval of Brazbucks.com. 36) If any term, clause
or provision of the agreement is held invalid or unenforceable by a court of
competent jurisdiction, such invalidity shall not affect the validity or
operation of any term, clause or provision and such invalid term, clause or
provision shall be deemed to be severed from this Agreement. 37) Affiliate hereby agrees to indemnify, defend and hold harmless Brazbucks.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' fees and costs) of any nature
whatsoever incurred or suffered by Brazbucks (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 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 the
affiliate herein; or (iii) or any whatsoever claim related to affiliate site.
38) This Agreement shall
be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without
regard to conflicts of law principles. The sole and exclusive jurisdiction
and venue for any action or proceeding arising out of or related to this
Agreement shall be in an appropriate state or federal court located in the
Province of Quebec, Canada. You hereby submit to the jurisdiction and venue
of said Courts. You consent to service of process in any legal proceeding. 39) This Agreement shall be binding; the failure of Brazbucks.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 Brazbucks.com to
subsequently strictly enforce any provision of this Agreement. This Agreement
constitutes the entire agreement between the affiliate and Brazbucks.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. 40) By signing up to the affiliate program, and by supplying Brazbucks.com with
all the required information to sign up as a Webmaster, the affiliate is
acknowledging that they have read and agreed 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. IMPORTANT NOTICE NON-CANADIAN
SUBSCRIPTIONS An
affiliate cannot use their membership on the territory of Canada if they did
not purchase this Membership in Canada.
If Brazbucks.com discovers that a Membership was purchased by a person
not located in Canada, but that Membership is being used in Canada, Brazbucks.com
will automatically block the affiliate’s access, terminate the account and
void the Membership. NON-CANADIAN SUBSCRIPTIONS Non-Quebec
Subscriptions An
affiliate cannot use of their Membership on the territory of Quebec if they
didn't purchase the Membership in Quebec. If Brazbucks.com detect that a
Membership was purchased by a person not located in Quebec, but that
Membership is being used in Quebec, Brazbucks.com will automatically block the
affiliate’s access, terminate the account and void the Membership. Quebec Subscriptions There
is no territory restriction for Membership purchased in the Province of
Quebec. GST and/or QST shall be included in the price if applicable. |
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