By
signing up as an affiliate, you certify that you have read and
agree to these Terms & Conditions. The terms herein serve
as a legally binding agreement (Agreement) between you (You, Your)
and the owner of www.sweetkimberly.com. (Company)
1) Terms of Agreement
By registering
for www.sweetkimberly.com (sponsored by CCBill), you agree to adhere to
the terms and conditions set forth herein. This legal agreement
shall last until you or Company terminates your account.
You understand that
the prices, services, information, and resources offered by Company
are subject to change without notice. Your failure to comply in
full with the Terms and Conditions herein will result in the suspension
or termination of your account, including the forfeiture of your
payment balance, at Company's sole discretion.
Company reserves the
right to suspend, cancel, and/or terminate your account at any
time without prior notice. Failure to comply with the Terms herein
may lead to such action. Company reserves the right to terminate
this Agreement by ending the IconsCash program, subject to a 30
(thirty) day advance notice.
2) Registration
You must be
over the age of 18 (21 in some areas) to register for and use
the www.sweetkimberly.com affiliate program. You affirm that all information
provided upon registration is truthful and accurate. If there
is any change in the information, you must immediately update
it.
3) Limited License
for Promotional Materials
Company authorizes
you to use specified promotional content solely for the purpose
of promoting Company's websites, products, and services. Such
content is owned under U.S. and international copyright law solely
by Company. This is a LIMITED agreement and is not to be construed
as a partial or complete transfer, sale, licensing, distribution,
or forfeiture of copyright ownership. Company reserves the right
to retract Affiliate's privileges to use Company-owned content
at any time.
Content covered
by this includes but is not limited to: Brand or domain names
(i.e. www.sweetkimberly.com), logos, web banners, code, text, photos,
videos, model statistics / trivia / interviews, galleries, color
schemes, typography, website layouts, graphics.
Subject to your compliance
with this Agreement, Company grants you a limited, non-exclusive,
non-transferable, non-sublicenseable and revocable right and license
to (i) direct, refer and otherwise send visitors to or users of
your website (as identified in your completed signup form) to
one or more specified websites owned, operated or controlled by
Company, and (ii) access, copy and store the hyper-links, promotional
banners, photographs and other promotional materials made available
to you by Company on IconsCash.com exclusively for your use pursuant
to the terms and conditions herein and solely in connection with
your participation in the Program ("Authorized Promotional
Materials"). YOU HAVE NO RIGHTS IN OR TO, AND MAY NOT USE,
ANY COMPANY-RELATED TRADEMARKS, PHOTOGRAPHS OR OTHER CONTENT OR
MATERIALS EXCEPT THOSE MADE AVAILABLE TO YOU UNDER THE FOREGOING
LIMITED LICENSE. ALL USE OF AUTHORIZED PROMOTIONAL MATERIALS HEREUNDER
SHALL INURE TO THE BENEFIT OF COMPANY AND SHALL NOT CREATE ANY
RIGHTS, TITLE OR INTEREST IN THEM FOR YOU. COMPANY RESERVES ALL
RIGHT, TITLE AND INTEREST IN AND TO SUCH MARKS AND MATERIALS WORLDWIDE.
THIS LICENSE WILL TERMINATE IMMEDIATELY AND AUTOMATICALLY UPON
TERMINATION OF THIS AGREEMENT AND YOU WILL BE REQUIRED TO CEASE
ALL USE OF ANY COMPANY TRADEMARKS, CONTENT, PHOTOGRAPHS OR MATERIALS.
4) Linking and Promotional
Policies
By registering as an
affiliate, you agree to comply with the following policies:
i. You are responsible
for the accurate and honest depiction of Company's websites and
products. You are also responsible for the correct and accurate
use of the proper code to link to Company's websites.
ii. If you portray
Company or Company's websites or products in an inaccurate, demeaning,
fraudulent, or false manner, your account is subject to termination,
at Company's sole discretion. Misleading, hidden, blind, or camouflaged
links of any kind are NOT allowed.
iii. You may open a
SINGLE new browser window or frame when a link or button is clicked.
Multiple browsers, frames, pop-ups, consoles, loops ("circle
jerks"), or repeating versions thereof are NOT allowed.
iv. Exit traffic (sending
users to a site/page after they hit the "Back" or "Close"
buttons in a browser) is strictly prohibited.
v. Blind links (links
with hidden or misleading destinations) or misleading / fraudulent
window status bar changes are NOT allowed.
vi. You may not engage
in illegal and/or unsolicited distribution of promotional media.
This includes but is not limited to electronic mail, bulletin
boards, forums, mail, telephone marketing, pop-up ads, dialers,
redirects, spyware, adware, malicious or invasive code or programs.
vii. E-MAIL MARKETING
MUST NOT INCLUDE UNSOLICITED E-MAILS. ANY AND ALL E-MAIL MARKETING
MUST BE COMPLIANT WITH THE CAN-SPAM ACT OF 2003-2004. E-mail marketing
is also subject to the policies of individual e-mail providers,
such as AOL or Yahoo. It is your responsibility to understand
and comply with such policies. All e-mail recipients MUST have
affirmatively consented to receiving promotional e-mails from
you. Your e-mails MUST include directions for opting out (unsubscribing)
of your e-mail list. Opt-outs must occur immediately and permanently.
viii. You may not register
or create domains, or e-mail addresses that include any trademark
or domain owned by Company, nor anything similar enough to be
reasonably confused for a Company-owned trademark.
ix. You may not own,
operate, or publish websites or other media containing, referring
to, or linking to illegal or inappropriate material, including
but not limited to content involving minors, hate crimes or propaganda,
violence, beastiality, rape, incest, warez, or pirated music /
media. Doing so is a direct violation of this Agreement and subjects
your account to immediate termination by Company, at Company's
sole discretion.
Compliance with all
of the above is required. Again, if you fail to comply with the
terms of this Agreement, Company reserves the right to terminate
or suspend your account at Company's sole discretion, without
prior notice. Suspension or termination includes your forfeiture
of any payment or compensation due.
5) Payment and Compensation
You earn a 50% commission
of all referred initial sales, plus a 50% commission of all rebills,
for the entire life of the referred membership.
All sales figures are
tracked directly by CCBill.com. You my use your login to track
traffic and sales figures at any time, at:
https://affiliateadmin.ccbill.com/
Pay periods are on a weekly basis, from Sunday to Saturday. Payments
are sent by CCBill directly to you on the second Monday after
the end of a pay period (e.g., nine days after the end of the
period). Depending on your geographic location and other factors,
payment may require a week or more for delivery. Payment will
only be sent if the amount due to you is in excess of US$25.00.
If the balance from any given pay period is less than US$25.00,
and check will not be sent and the balance will be carried over,
until the accumulated balance exceeds US$25.00. Please note that
you share CCBill-related fees with Company, and that the fees
will be deducted from each check by CCBill.
You are responsible
for the reporting and payment of all applicable taxes.
Disputes over payment
and the calculation thereof must be directed to CCBill.
AGAIN, Company and
CCBill are NOT responsible for incorrect affiliate link code!
6) Modification
Company may
modify any of the terms and conditions contained in this Agreement,
at any time and at our sole discretion. Notice of any change by
e-mail to the e-mail address we have on record for you, or the
posting on thewww.sweetkimberly.com website 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 IconsCash rules. If any modification is
unacceptable to you, your only recourse is to terminate this Agreement
by notifying Company in writing. Your continued participation
in the Program, following Company's posting of a change notice
or new agreement on our site, will constitute binding acceptance
of the change.
7) 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
Company's behalf. You are not an agent of the Company or any other
party in connection with IconsCash and Company. Company expressly
disclaims responsibility for any conduct by you in violation of
our terms of agreement.
8) Indemnification
and Release of Liability
Company is not liable
for damage, loss, injury, or claims resulting from:
a) The use or misuse of materials owned or created by Company;
b) Partial or complete website failure due to technical issues;
c) Downtime relating to CCBill.com;
d) Services, websites, products, contents, claims, or other entities
linked to/from or advertised by websites owned and operated by
Company;
e) Typographical or other human errors;
f) Illegal actions perpetrated by or associated with you, including
but not limited to copyright infringement or 18 U.S.C. Section
2257 compliance.
g) Incorrect links to Company websites which result in miscounted
or uncredited sales;
h) Misdirected or lost mail;
i) Lost or destroyed checks;
j) Loss of data;
Company's
aggregate liability arising with respect to this Agreement and
the www.sweetkimberly.com affiliate program will not exceed the total
commissions paid or payable to you under this Agreement.
You are solely responsible
for your website. If you promote Company websites in password-protected
areas, you agree to provide Company with a valid password for
the entire duration of this Agreement. You are not Company's agent
nor that of our sponsors, and neither Company nor Company's sponsors
shall have any responsibility for the development, operation,
hosting and maintenance of your site or for any materials that
appear on your site. You are solely responsible for ensuring that
materials posted on your Affiliate Site are not libelous or otherwise
illegal, and 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 and the rights of any third party, including
copyrights, trademarks, privacy, or other personal or proprietary
rights. You must have express permission to use another party's
copyrighted or other proprietary material.
You hereby agree to
indemnify, defend and hold harmless Company, its shareholders,
officers, directors, employees, agents, affiliates, sponsors,
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 Company
(collectively the "Losses"), insofar as such Losses
(or actions in respect thereof) arise out of or are based on (i)
the breach of any promise, covenant, representation or warranty
made by you herein; or (ii) your performance under this Agreement,
participation in the IconsCash program, promotion of Company websites,
or operation of your Affiliate Site.
THIS IS A
LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY REGISTERING AS AN
AFFILIATE OF COMPANY AT www.sweetkimberly.com, 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.