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Latest Review: Monday, 10 December 2007
TERMS AND CONDITIONS FOR AFFILIATES PARTICIPATION CONDITIONS
This document contains the Terms and Conditions that will govern your participation as member of the SPACASH.COM Affiliate Program. Your participation in the program will begin immediately upon your acceptance of the terms and conditions set forth herein, provided your application is accepted. In order for you to be eligible to join and participate in the SPACASH program as an "Affiliate Webmaster" you must be of legal age, pursuant to the laws of your place of residence.
1. AGREEMENT.
SPACASH authorizes the undersigned WEBMASTER to participate in its Affiliate program, and as such to include in the web pages owned by the WEBMASTER any material necessary to enable users to access SPACASH's contents.
2. DESCRIPTION OF SERVICES.
SPACASH guarantees the Affiliate Webmaster:
a) The possibility of marketing, through legitimate means, the adult contents that SPACASH makes available to the Affiliate. b) A limited, non-exclusive, revocable and non-assignable license to access and download banners and other promotional material to be used to advertise through legitimate means the contents that SPACASH makes available to the Affiliate. c) The possibility of offering global payment systems to the Affiliate's clients, through the means used by SPACASH, for the purpose of accessing Internet contents. The service includes access to a complete and exclusive personalized automatic processing system.
3. DURATION AND TERMINATION.
This agreement shall be effective as of the signing thereof and shall remain in force indefinitely. The parties may terminate this agreement at any time, without cause, prior notice via e-mail. SPACASH will settle any amounts due to the Affiliate and incurred prior to the date of termination of the agreement. Any sums pending payment at the termination of this agreement may be withheld until SPACASH makes a final settlement of accounts, upon which time all sums effectively due shall be paid.
4. PRICE.
Provided all the conditions set forth herein are fulfilled, SPACASH undertakes to pay the amount generated, adjusted to the payment conditions chosen under Programs by the Affiliate Webmaster.
5. PAYMENTS.
The SPACASH system will issue an electronic statement with a faithful detail of the sums due and owed to the Affiliate, payable by way of bank transfer, ePassporte or check, at affiliate's option, provided such system is available in the Affiliate's area. Only amounts arising from SPACASH's electronic system shall be paid.
Except in the event of termination of the agreement, no payments shall be made for amounts under the minimum amount chosen. In this sense, if the amount of any payment fails to meet the minimum amount chosen by the Affiliate, such amount shall not be paid that month, being paid instead together with the sum corresponding to the following month, provided the amount incurred is above the minimum.
6. AUTHORIZED FORMS OF ADVERTISING.
SPACASH authorizes the Affiliate Webmaster to advertise the services through legal and legitimate means. The Webmaster is authorized to advertise the services by whichever means the Webmaster may deem appropriate, but the Webmaster expressly undertakes to refrain from using forms of advertising that may be considered in any way unlawful or illegal, understanding as such any means defined as unlawful or illegal under applicable provisions in force.
SPACASH informs that it shall not tolerate the conduct of affiliates who use methods of advertising prohibited by applicable international legislation or by usages and practices of the Internet, such methods being grounds for termination hereof and application of the penalties established herein.
a) SPAM. Distributing or sending unsolicited advertisements to web users via e-mail, newsgroups, IRC or instant messaging constitutes SPAM. The Affiliate undertakes to comply with SPACASH's anti-Spam policy, in accordance with the laws of the United States of America (CAN-SPAM ACT/2003). Any negative report filed against the Affiliate with respect to the Privacy Policy shall give rise to penalization and subsequently to the immediate termination of this agreement.
b) SENDING MASS MAILINGS. The use of mass mailings as a tool for promoting our sites is prohibited.
c) CHILD PORNOGRAPHY. The Affiliate is expressly prohibited from giving access to, advertising or publishing in the Affiliate's website any contents that include child pornography or any other criminal activities or activities banned under legal provisions in force, specially under the laws of the United States of America and the countries of the European Union. The Affiliate is hereby informed that SPACASH's adult contents comply with the legal requirements established by International law, in general, and by the laws of the United States of America, in particular (18 U.S.C. Section 2257).
d) ADULTS ONLY. The Affiliate Webmaster undertakes to refrain from encouraging or promoting the consumption by minors of contents intended for adult audiences, adopting any necessary measures to prevent minors from accessing the contents, in accordance with applicable laws in force in the Affiliate's place of residence. Any violation of the provisions contained in this clause or reports filed with respect thereof shall be cause for withholding any amounts generated by the Affiliate.
7) LEGITIMATE USES.
The Affiliate undertakes to make a legitimate use of the service offered by the company, assuming sole responsibility for any wrongful uses or any uses other than those established hereunder. The Affiliate shall make certain that Internet end users are aware of the following:
• The non-free nature of the services or contents which they will access. • The fact that the material offered is highly erotic in content and that access to minors is prohibited.
The Affiliate Webmaster shall exercise special care with respect to the contents published in the Affiliate's Site, expressly undertaking to comply with the requirements set forth by applicable US legal provisions, in particular 18 U.S.C. Section 2257.
The marketing, publication or distribution of pornographic material containing images of or otherwise depicting minors (children under the age of 18 years) is absolutely forbidden, as is the use of expressions such as "menores", "lolitas", "niñas", "pedofilia", "abusos", "niños", adolescent, child, children, elementary, fifteen, fourteen, high, school, infant, juvenile, kid, kiddy, kindergarten, little boy, little girl, lolita, lolita-teen, minor, nymphet, pedophile, preteen, puberty, pubescent, seventeen, sixteen, thirteen, underage, young boy, young child, young girl, young school boy, young school girl, young teen, youth. This list is only an example and may be changed at any time.
8. LIMITATION OF LIABILITY.
In the understanding that the Affiliate is not an agent of SPACASH and that the administrator of this program cannot control and is not responsible for controlling the information or contents that the Affiliate makes available to Internet users, the Affiliate acknowledges and accepts that the use of the service shall be made under the Affiliate's sole risk and responsibility, and thereby SPACASH shall not be liable for any third-party claims arising from deeds and acts committed by the Affiliate.
SPACASH shall not be held responsible for claims by the Affiliate or any third-parties arising from the Affiliate's failure to access the service in the event of accidents or force majeure, or the loss or elimination of information or failure to partially or fully retrieve such information, or connection failures, system failures, server failures, network failures, or any other cause not attributable to the company, including service interruption for the purpose of performing updating and maintenance tasks.
9. NON-USE OF THE BRAND.
Under no circumstances shall it be understood that SPACASH assigns the use or licenses its intellectual or industrial property to the Affiliate.
Given that SPACASH only provides the service described under clause 2 above, the Affiliate shall not be allowed to:
a) use, display or mention, in any media, either directly or indirectly, to the Affiliate's clients or any third-parties, SPACASH's name, brand, logotypes or similar devices connected with SPACASH, without the prior consent of SPACASH, except as part of any of the programs for promoting the site;
b) act in any way that may damage or harm SPACASH's reputation and good name.
10. CONFIDENTIALITY.
Both parties undertake to observe the confidential nature of the information exchanged in connection with this agreement. By virtue of the above, said information shall not be disclosed or made available to third-parties even after the termination of this agreement, unless so required by pertinent authorities.
11. TERMINATION UPON BREACH. FINE.
In the event of breach of any of the clauses contained herein or in the event of well-founded suspicion of fraud or any other criminal activity or misconduct pursuant to local or international laws or the uses and practices of the Internet, SPACASH reserves the right to immediately terminate this agreement and as a fine permanently cancel payment of any pending fees, without prejudice to bringing any civil or criminal actions it may be entitled to. The Webmaster shall immediately remove any icons, links or references to SPACASH from all Webmaster pages.
12. CHARGEBACKS.
SPACASH reserves the right to cancel the account of any Webmasters that, to SPACASH's discretion, have an unusual number of chargeback reimbursements. In such case, any sums of money due to the Affiliate shall be used to cover the expenses incurred by the Affiliate's actions, in accordance with the terms of this agreement.
13. TAXES, NO PARTNERSHIP OR EMPLOYMENT RELATIONSHIP.
The Affiliate shall be solely responsible for any taxes whose taxable event is the provision of services offered by the Affiliate. The parties declare that the rights and obligations hereunder are the rights and obligations arising from their professional activities and therefore the terms and conditions of this agreement do not entail the existence of an employment relationship for any of the parties.
14. JURISDICTION AND GOVERNING LAW.
The parties expressly agree that the agreement shall be governed by and construed in accordance with the laws of the Republic of Uruguay and further agree to submit to the jurisdiction of the courts of the Republic of Uruguay for the purposes hereof.
15. AMENDMENTS.
SPACASH reserves the right to amend, either wholly or in part, the terms and conditions of service, and shall post any such amendments in its web site and notify them via e-mail to the address indicated by the Affiliate in the application. Any amendments shall be notified 24 hours in advance. If the Affiliate does not accept the amendments within that term, the Affiliate may terminate this agreement, giving rise to any payments that may be pending. By continuing to use the service after being notified, the Affiliate will be consenting to the amendment(s).
16.
Acceptance of the present Terms and Conditions implies in the same manner, the acceptance of the Terms and Conditions for mobileart.com, which can be consulted at http://www.mobileart.com/terms.php; as well as the acceptance of the Terms and Conditions for phoneaccess.com, which can be consulted at http://www.phoneaccess.com/terms.php.
