|
AFFILIATE TERMS AND CONDITIONS
This Agreement (the "Agreement") is entered into by and between
you (the "Affiliate") and PGbucks., a Australian business, operating
as PGbucks.com ("PGbucks") By clicking on the Create Account
link at the bottom of this page you will have agreed to accept these terms
and conditions.
1. BASIC AGREEMENT
By accepting these terms and conditions you the affiliate will be allowed
to paticipate in the PGbucks.com affiliate program (the "Program")
and will be allowed to use certain intellectual property of PGbucks on
your web sites for marketing and promotional purposes. All sales made
by affiliate will be paid out by CCbill and/or Verotel.
2. RESTRICTIONS ON PAYMENT OF COMPENSATION
2.1 Fraudulent activity will be determined by CCbill and/or Verotel's
terms and conditions.
2.2 PGbucks has the right to terminate any Affiliate from the Program,
if there is an abnormal number of chargebacks and/or cancellations of
memberships or subscriptions which have been referred to PGbucks from
Affiliate's Web sites. PGbucks shall determine, in its sole and absolute
judgment, what constitutes an abnormal number of chargebacks or cancellations
of memberships or subscriptions.
3. RIGHTS GRANTED AFFILIATE
PGbucks grants Affiliate each of the following:
3.1 A limited nonexclusive, nontransferable and revocable license to access
and download promotional banners, and other promotional materials created
and owned by PGbucks for use on Affiliate Web sites for the exclusive
purpose of advertising, marketing or promoting PGbucks Web sites.
3.2 PGbucks owns and retains all right, title and interest in and to its
intellectual property, copyright, promotional banners and other material
provided by PGbucks. Upon termination of Affiliate's participation in
the Program and/or termination of this Agreement, the grant of right and
license set forth in subsection 3.1 above, shall cease and terminate,
and Affiliate shall immediately remove all PGbucks banners, ads, and any
and all other PGbucks intellectual property, copyrighted material from
Affiliate's Web sites.
3.3 Affiliate specifically acknowledges and agrees that it shall not modify,
edit, resize, or otherwise change any of PGbucks names, copyrights, design
logos, banners, ads or other material for any purpose whatsoever. Affiliate
further acknowledges and agrees that any such change or changes will be
a material breach of this Agreement and shall constitute an infringement
of PGbucks copyrighted intellectual property.
4. TERMINATION
4.4 If this Agreement is terminated due to Affiliate's breach of any portion
of this Agreement, PGBucks reserves the right to request that CCbill and/or
Verotel withhold any amounts then due and owing.
5. AFFILIATE'S RESPONSIBILITIES AND DUTIES
5.1 Affiliate shall only use and promote on Affiliates Web sites PGbucks
approved advertising banners, links, and other promotional materials.
5.2 Affiliate shall not spam via email, newsgroup postings, IRC postings,
adware, spyware or any other form of "spamming" as a means of
promoting Affiliates Web sites or for the purpose of directing or referring
users to any web sites owned, operated or controlled by PGbucks.
5.3Affiliate further acknowledges and agrees that PGbucks has the right
to immediately, and without notice, terminate your participation in the
Program if PGbucks, in its sole and absolute discretion, concludse that
Affiliate has breached sub-section 5.2.
6. RIGHTS OF PGbucks
6.1 PGbucks shall have the right, in its sole and absolute discretion,
to terminate the Program and any and all Program Benefits relating to
Affiliate's participation in the Program at any time and may do so with
or without cause.
6.2 PGbucks shall have the right, in its sole and absolute discretion,
to change or modify the Program. If at any time PGbucks changes or modifies
the Program, Affiliate shall have the right to withdraw and terminate
participation in the Program.
7. MODIFICATION
This Agreement is subject to change or modification by PGbucks at any
time and changes shall become effective upon notice to Affiliate by e-mail
and/or posting on this web site.
8. ACCEPTANCE AND EXECUTION
By CLICKING ON THE "CREATE ACCOUNT" link below, and by supplying
PGbucks with all the information required to create an account on the
Program, Affiliate has accepted all of the terms and conditions set forth
herein above.
9. OUR 18 U.S.C. 2257 RECORD-KEEPING
REQUIREMENTS COMPLIENCE STATEMENT
As this is a USA law and we are not a USA entity their is no need for
us to comply. In good faith and to ensure that we are a responsible adult
business we are fully 2257 compliant as of the 8th June 2005.
9.1 FREE CONTENT
USA AFFILIATES - Due to these updated 2257 regulations we will not be
supplying model IDs to any of our affiliates. All USA affiliates
who need to abide with the changed 2257 regulations are on notice to remove
any sexually explicit content of ours they may be using.
NON USA AFFILIATES - If you are a non-USA affiliate and wish to continue
using sexually explicit content then we have no problem with that.
9.2 UNFAIR ADVANTAGE?
I know that this decision may be seen by some USA affiliates that we are
disadvantaging them but this is not the case. It would be unfair of us
to force non-USA affiliates to abide with USA laws since we ourselves
are not legally bound by them. If the European Union had issued these
new regulations instead of the USA DOJ then it would be unfair to force
USA affiliates to abide with the EU regulations. The majority of our sites
and content are Softcore in any case so there will be very few images
that need to be removed.
|