BARGIRLCASH.COM Terms of Use By joining our affiliate program you are entering into this binding agreement with which operates Bargirlcash.com, Filipina18.com, Manila18.com, Young-Asian.com, ManilaExposed.com, Bangkok18.com, and Senorita18.com - referred to herein as ("We", the "Site"). THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY PARTICIPATE IN THE BARGIRLCASH.COM PROGRAM. BY PARTICIPATING IN THE PROGRAM AND BY USING IT YOU ARE STATING THAT YOU ACCEPT AND AGREE TO THIS AGREEMENT AND ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. Very Important: Bargirlcash.com does NOT allow its affiliates to advertise Bargirlcash.com or any of its websites by email. THIS MEANS NOT ONLY NO SPAM, BUT NO EMAILS PERIOD! 1. Some of the content on Bargirlcash.com*, its sites, and affiliation programs ("Affiliation Programs", "Programs"), deal with mature subject matters, human sexuality, and explicit materials. If you are under the age of mature viewing in your state or country, if you are bound by your countries law not to look at pornographic material, or you are offended by sexually explicit material, you are not to enter this site or its Affiliated programs any further than this page. You also confirm that you will not redistribute this material to anyone nor will you permit any minor to see this material, or any other person who might find such material personally offensive. Continuing further means that you understand and accept responsibility for your own actions, thus releasing the creators of this Web page and our service provider from all liability. Please also note, none of the contents of this, or subsequent pages or links have any reflection on the moral attitudes or legal responsibilities of this server, its authors, clients or its owners. You also verify that you are not accessing this material to use against the website operators, its affiliates or any other person or entity in any conceivable manner. 2. All materials on Bargirlcash.com and its Affiliation Programs are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. The Sites' materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission. Subscribing to the site does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information. No representation is made that the materials available on the Site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. 2A. Bargirlcash.com complies with 18 U.S.C. § 2257, and its regulations. To the best of Bargirlcash.coms knowledge, all subscribers, hosts, models, actors, actresses or other persons that appear in any visual depiction of actual sexually explicit conduct (as that term is defined in 18 U.S.C. § 2256) appearing or otherwise contained in this website were at least eighteen years old at the time of the creation of such depictions. The owners and operators of this website are not the primary producer (as that term is defined in 28 C.F.R. § 75.1(c)(2)) of any of the visual content contained in this website. However, BargirlCash.com may have copies of a record of the ages of those persons portrayed in any sexually explicit materials on this site. BargirlCash.com WILL NOT RELEASE THESE RECORDS TO ANYONE OTHER THAT THE ATTORNEY GENERAL OF THE UNITED STATE, OR HIS DESIGNATED REPRESENTATIVE, OR AS OTHERWISE REQUIRED BY OPERATION OF LAW. In fulfilling its obligations under 18 U.S.C. § 2257, BargirlCash.com relies on the plain language of the statute and on the well-reasoned decision of the United States Court of Appeals for the Tenth Circuit in Sundance Associates, Inc. v. Reno, 139 F.3d 804, 808 (10th Cir 1998), which held that entities which have no role in the "hiring, contracting for, managing, or otherwise arranging for the participation" of the models or performers, are exempt from the record-keeping requirements of 18 U.S.C. § 2257. 3. If the Site enables you to share information with other Affiliates, you agree not to submit, publish, or display on the Program any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of this Agreement. You agree not to engage in advertising to, or solicitation of other Affiliates to buy or sell any products or services through the Site without prior written consent. You are responsible for information they send, or display through the Site even if a claim should arise after termination of service. All messages shall be deemed to be readily accessible to the general public. Do not use the Site for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Site can and may be read by the operators of the Site, whether or not they are the intended recipient(s). 4. You hereby warrant and represent that you are over the age of 18 (21 in AL, MS, NE, WY, and any other location where 18 is not the age of majority), and in all respects you are qualified and competent to enter into this agreement. 5. You hereby represent and warrant to ImLive.com as follows: 5.1 You have full authority to enter into this Agreement; 5.2 Your site and all materials, content and services offered through and in associations with your web site do not contain any of the following and shall not at any time: Violate any law, or regulation or promote illegal activities of any kind including but not excluding: obscene materials and/or child pornography; Contain content which is defamatory, libellous, hateful, abusive or harassing; Promote violence in any way; Send emails promoting Bargirlcash.com or any of it's sites or send whatsoever any unsolicited bulk, junk, Spam e-mail or any material, which contains viruses, worms, "Trojan horses", or any other destructive feature. 5.3 You will provide accurate and complete details regarding your identity and personal details such as: bank account, address or other required information; Bargirlcash.com, will e-mail you notices about our programs and your account based on the information that you provide to us. 5.4 You will comply with all applicable federal, state and local laws in the performance of your obligations. 5.5 Each and every email address submitted by you has originated with a customer of yours and has not been created or obtained fraudulently. 6. You will comply with all applicable federal, state and local laws in the performance of your obligations, including but not limited to regulations regarding: the forbiddance to engage in any activity that is considered spoofing. 7. Very Important: Bargirlcash.com does NOT allow its affiliates to advertise BargirlCash.com or it's sites by email. THIS MEANS NOT ONLY NO SPAM, BUT NO EMAILS PERIOD!!! FAILURE TO COMPLY WITH ANY ONE OF THE TERMS OF THE ANTI-EMAIL POLICY WILL LEAD TO IMMEDIATE TERMINATION OF YOUR ACCOUNT AND FORFEITURE OF ALL OF YOUR COMMISSION EARNINGS! 8. We hereby grant you with the following non-exclusive, non-transferable, revocable rights and permissions: 8.1 To create authorized links from your site to one of our sites. You will receive a commission or referral fee for referrals of traffic to one of our sites according to the hereinafter terms and according to the program rules. 8.2 To display on your site materials including but not limited to: banners, content; text links; images and text, solely for the purpose of promoting our sites. You hereby acknowledge and agree that the BargirlCash.com is, and shall remain, the exclusive owner of the materials mentioned in the above section 2.2, and that these materials may not be copied, reproduced, altered, modified, changed, broadcast, distributed, transmitted, disseminated or offered for sale or rental in any manner, at any time, unless authorized and permitted in writing by Bargirlcash.com. 9. BargirlCash.com reserves all of its rights in its trademarks, as well as in all intellectual property rights associated with the programs. Nothing herein shall be construed as a grant or assignment of any rights in any intellectual property owned by Company, including, without limitation, any of its trademarks. 10. You agree that this license can be terminated or revoked at any time for any reason, or for no reason, upon notice by Company to you and you agree upon receipt of such notice immediately to cease using all Program Materials and removing all such Materials and references to Company and/or its web sites from your web sites and any promotional, advertising or marketing materials of any kind. 11. THE BARGIRLCASH.COM PROGRAM: Currently, manages the Program of the site: www.BargirlCash.com 12. PAYMENTS 12.1 All billing is handled through ccBill. ccBill pays weekly via check. Check are usually mailed within 15 business days of the end of the pay period. a) BarigirlCash.com's Program payment scales are as follows: Starting July 1, 2005, we will pay each affiliate 50% of the signup revenue and 50% of the rebill revenue for the life of that transaction. In any case the Site suspects that you are involved in any kind of fraud activities or in case you do not accede a certain convert rate, the Site may, at its sole discretion, terminate your account or otherwise transfer. Again, the Site may choose to terminate your account at any time and at its sole discretion. 12.2 Either party shall be excused from delays in performing or from its failure to perform these Terms and Conditions to the extent that such delays or failures result from causes beyond the reasonable control of such party, including, without limitation, acts of God, nature, any government agency, war, electrical or mechanical breakdowns, inability or refusal of a common carrier to provide communications capabilities, or any other cause beyond either party's direct control. 12.3 In any case you are found to be cheating the Program, we reserve the right at our sole and absolute discretion to cancel your participation in any and all Programs, at any time, without prior notification, and you will not be paid for any of the Programs in which you have participated. 12.4 You understand and agree that any of the following actions by you or anyone under your control will result in your accounts being immediately terminated and all of your unpaid commissions being forfeited to ImLive.com: Dissemination of unsolicited bulk email, Newsgroup, Chatroom or any other forms of SPAM; Promoting content such as: bestiality, child pornography, rape, violence, or any other illegal activity. Attempting to defraud us in any way; Providing incorrect or incomplete account information; Violating or infringing any rights of any person or entity, including without limitation, any copyrights, trademark rights, patent rights, rights of publicity, privacy rights or any other intellectual, personal or property right violation or infringement; Important: We reserve the right to adjust the payment at our own sole discretion. You will be entitled to receive your payments according to the new Terms and Conditions. It is your obligation to be updated with the changes of the programs, as they are published on our sites, occasionally. 12.5 Under no circumstances shall BarirlCash.com be held liable for any direct or indirect damages and/or losses, to any affiliate, user, participant and/or other third party that may arise due to "downtime" and/or availability of the Site or the BargirlCash.com's affiliation program. Moreover, BargirlCash.com shall not be held liable for any losses of any kind that may result due to downtime in the BargirlCash.com's affiliation program and/or any other third party's down time. 13. STATISTICS 13.1 ccBill will determine all statistics including but not limited to the amount of paying sign-ups, cancellation, and any commissions or referral fees owned to you pursuant to this Agreement. You must notify us of any discrepancies within 15 days otherwise they will be deemed permanently waived. 13.2 Statistic reports will be available ccBill.com. 14. NON-ASSIGNABILITY /THEFT OF LOGIN Your subscription may not be assigned or transferred to any other person or entity. Affiliate must promptly inform Bargirlcash.com of any apparent breach of security, Until BargirlCash.com is notified, by e-mail, or by telephone of any breach in security, you will remain personally liable for any unauthorized use of the site or it's service. You are personally liable for, and shall defend, indemnify and hold harmless BargirlCash.com, the Site and the Site owner from any and all damages (including loss of profits, loss of property, fines and penalties), losses and costs (including attorneys' fees) resulting from any attempted or actual unauthorized downloading or other duplication whether solely by you or with or under the authority of any other person or entity including governmental agency. 15. TERMINATION/ CANCELLATION Either you or BargirlCash.com may terminate at any time, and without cause, your subscription to the program, upon notification of the other party by electronic or conventional mail. 16. BOOKMARKING Book marking to a page on the Site whereby the Warning page(s) and/or Terms of Use are by-passed shall constitute an implicit acceptance of the Terms of Use herein and an explicit acknowledgement of age of majority. 17. ADDITIONAL TERMS OF USE 17.1 You are bound to the Terms and Conditions of BargirlCash.com, as well as the specific rules and regulations of each Affiliate Program. 17.2 In addition to these Terms of Use, the Site may have additional Terms of Use that are, and shall become, an integral part of this Agreement. All Terms of Use apply to BargirlCash.com, its Affiliation Programs, and you. This Agreement supersedes all prior written or oral understandings, writings and representations and may only be amended by BargirlCash.com, the Site or the Site owner. If any provision of this Agreement is held void or unenforceable to any extent, such provision shall be deemed excised and removed only to the extent to make the remaining provisions and this Agreement enforceable. Unless otherwise specifically provided, the provisions of this Agreement shall survive its termination. 17.3 You acknowledge and agree that We make no guaranties or warranties of any kind with respect to the Programs and that the Programs are provided to you "as is", and that your participation in the Programs and use of the Programs, is solely at your risk. 17.4 You also understand and agree that BarigirlCash.com may share selected personal information with third parties for data verification and supplementation purposes. 17.5 We do not monitor, supervise or review, and shall not be responsible for any content appearing or otherwise distributed on, at or in association with your site. You hold the full and sole responsibility and liability for the decision to display or include content on your site, to distribute or make the content available to the viewers of your website in various geographical areas, and for all decisions relating to the manner in which you permit or restrict access to your site. 17.6 This Agreement constitutes the entire agreement between you and BargirlCash.com with respect to the subject matter hereof, and supersedes and cancels all other prior agreements or representations, written or oral. 18. DISCLAIMER 18.1 THE MATERIALS ON THE BARGIRLCASH.COM SITE AND ITS AFFILIATED SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. CASH OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. BARGIRLCASH.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT AFFILIATE IS LOCATED WHERE SUCH DISCLAIMER IS INAPPLICABLE OR RESTRICTED, THE DISCLAIMER MAY NOT APPLY AND AFFILIATE MAY HAVE LEGAL RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION. 18.2 BARGIRLCASH.COM, ITS AFFILIATION PROGRAMS, AND THE SITE OWNER MAKE NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS OR SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO AFFILIATE OR ANYONE CLAIMING THROUGH AFFILIATE, AFFILIATE ASSUMES THE ENTIRE COST AND RESPONSIBILITY FOR SAME. 18.3 YOU WILL INDEMNIFY AND HOLD HARMLESS BARGIRLCASH.COM, ITS PROGRAMS, ITS OFFICERS, EMPLOYEES, AGENTS, AND THIRD PARTIES FROM AND AGAINST ANY CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES OR EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THE USE OF OR PARTICIPATION IN THIS SERVICE OR THE INFORMATION CONTAINED THEREIN. 19. It is our advise to you that every agreement you enter into, as well as this Agreement, should be reviewed by your attorney. You acknowledge and agree that nothing herein and no statement by us or any of our employee or other person associated with us has prevented you in any way from seeking such legal advice before entering into this Agreement. 20. By signing up to the program you are acknowledging that you agree to all of the terms and conditions, set forth in the above Agreement. *** affiliates are prohibited from promoting us by email. If nevertheless you are on the receiving end of such e-mail, please notify us so that we may take the appropriate steps. While we are not responsible for such e-mail, we terminate affiliates who violate this policy. You can notify us of spam or other promotional emails by sending an email to: brentschn@hotmail.com |