CASH PIMP Adult Affiliate Program

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Terms and conditions for Cash Pimp Affiliate Program
 
This is a binding legal contract ("Agreement") between Finestar Entertainment, Inc. (hereinafter “Company,” and similar denoting terms, e.g., "we", or "us") and you ("You"). Before You can become a participant in our affiliate webmaster program ("Program") you must first read and agree to all of the following terms and conditions. 
 
YOU MUST BE 18 YEARS OF AGE TO PARTICIPATE IN THE CASH PIMP AFFILIATE PROGRAM
 
By participating in the Program or by using any materials provided by Company, You agree to be bound by these Terms and Conditions. You also agree that this Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act) and any other applicable statutory and common law that best effectuates Our mutual intent to create an enforceable agreement binding You and the Company to all the terms, conditions and other provisions set forth in this Agreement. You further acknowledge and agree that You will manifest Your agreement to this contract by any act that reasonably demonstrates Your assent to this Agreement, including, without limitation, by clicking an acceptance button or any other link in association with this Agreement in which the words “you agree” or similar text appears or by obtaining any benefits of participation in the cash pimp program. 
 
Any affiliates that utilize, directly or indirectly, CHILD PORNOGRAPHY or other unlawful images, content or activities in connection, directly or indirectly, with the promotion of any of our site(s) will be terminated immediately (without any compensation) and will be reported to appropriate local, state and/or federal authorities. 

We have achieved a high level of  business practices and we expect no less from our affiliates. Although we are under no obligation to do so, we may evaluate your application or your method of operation and reserve the right to counsel you participation in the program.
 

Program Rules

You MAY NOT send "spam" or "unsolicited commercial e-mail (UCE)" promoting our sites. You will not be paid if you send traffic to our site from spam This includes, but is not limited to, newsgroup postings promoting sites containing our promotional materials, unsolicited email, and instant messaging/chat room linking to any sites that promote the cash pimp  program.  IF YOU ARE CAUGHT PROMOTING OUR SITES WITH SPAM/UCE, YOUR ACCOUNT WILL BE TERMINATED, ALL AMOUNTS OWED WILL BE FORFEIT, AND WE WILL PURSUE LEGAL ACTION. OUR BASIC RULE OF THUMB IS NO E MAIL ADVERTISING OF ANY KIND!
 
You may not place banners or text links on ANY page that contains actual or simulated depictions of bestiality or child pornography. Additionally, you may not place our banners or link from pages which contain advertisements for bestiality or child pornography.
 
You may not force visitors to our page via any mechanism which acts as an automatic transport, such as "meta refresh" and "forced exit" scripts.
 
The use of deceptive or illegal practice(s) in promoting our site(s) is strictly prohibited. You may not promote any of our pay site(s) in a manner that is intended to generate payouts to you without providing us with the commercial benefits of your promotion. Because it is not possible to specifically list every possible method of engaging in deceptive, illegal or commercially unethical conduct that are prohibited by the Agreement, you acknowledge and agree that we reserve the right, in our sole discretion, to determine if your promotion of any of our site(s) is inconsistent with the intent of this Agreement.
 
You may not register or use any domain name that includes or is similar to any Company Trademarks or any trademarks, service marks or trade names appearing in any Program Materials or other materials provided to You pursuant to this Agreement.
 
You agree that Company may, at its election, at any time, require You to provide a copy of all documentation required by The 2257 Regulations as partial evidence of Your compliance with The 2257 Regulations
 
You will not promote any of the cash pimp sites in the following countries. All parts of the following countries: Saudi Arabia, The United Arab Emirates, Kuwait, Afghanistan, Iran, and other countries operating under Sharia law, Syria, Libya, Sudan, Jordan, Pakistan, Egypt, Lebanon, Iraq, Somalia, The Republic of China, North Korea, Singapore, Japan, Germany.
 
You will not promote any of the cash pimp sites in any of the zip codes commencing with any of the three digits. 150-179, 182-188, 193, 195, 196, 226-229, 238-268, 270-299, 304-310, 312-329, 335-339, 341, 342, 344, 346, 347, 349-352, 354-374, 376-397, 403-418, 420-427, 430-459, 467-479, 572-577, 609-620, 622-629, 634-639, 644-648, 650-658, 664-679, 686-693, 703-708, 710-714, 716-731, 734-741, 743-751, 754-769, 771, 772, 776-785, 788-799, 840, 841, 843-847.
 
You may not create "homemade banners" to drive traffic to our site. We have very strict legal guidelines that must be followed at all times. Our banners are 100% legal. If you have a special idea for a banner please contact our web development department and we will be happy to create one for you.
 
We reserve the right to terminate inactive accounts.
 

Enrollment

In order to participate in the cash pimp program you must:

1.1 Submit a completed application through Our website and CCbill.

Be over the age of eighteen (18) years, or over the age of majority if You reside and/or conduct business in states, provinces or countries where the age of majority is greater than eighteen (18) years. You may not participate in the Program if You are not of the age of majority in the state, province, territory or country where You reside and/or conduct business. 

Live in a country, province, territory or other region allowed to enroll in the Program. We reserve the right to allow or deny enrollment to the Program in Our sole discretion, at any time. The following is a list of countries that may be automatically denied enrollment or have accounts terminated without notice, this list may be modified by Company at any time: Afghanistan, Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croatia, Cuba, Czech Republic, Estonia, Georgia, Hungary, India, Indonesia, Iran, Iraq, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Korea, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lithuania, Malaysia, Moldova, North Korea, Oman, Pakistan, Qatar, Philippines, Romania, Russia, Saudi Arabia, Singapore, Slovakia, Slovenia, Sudan, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, Yemen, and Yugoslavia. 

 
Payments
 
Your duty in order to receive a commision from the Program is to direct visitors via a webpage to the Program's authorized websites. A commission is paid on a revenue share basis when a visitor views your webpage in his Internet browser, clicks on the authorized linking code issued to you by the Program, is redirected to the Program's authorized websites, enters his/her credit card information, is approved and the Program receives the fee. The Program reserves to modify the authorized linking codes at anytime, but it will however notify you in advanced of such changes in order to allow enough time to comply.
 
The Program pays you 65/35 share for every trial or full sign-up, generated by traffic sent via your authorized linking code.

The Webmaster Referral Program pays you 10% of the revenue of webmasters that join the Program after visiting an authorized webmaster referral linking code. You must show activity (more than 0 sales) for each period to be paid the referral earnings.
 
You agree if you are in violation of this agreement, all commissions shall be forfeited. No commission shall be paid for sign-ups deemed as fraudulent, at the sole and exclusive discretion of the Program's administration.
 
Commissions are not credited for sign-ups or webmaster referral generated by you or someone in your organization. All commissions are in US dollars.
 
The above rates are subject to change and you will be informed as stated in the "Modifications" section of this agreement.
 
Commissions for Period starting with the 1st of the month and ending with the 15th of the month are paid on the 1st of the following month (2 weeks after the end of the period). Commissions for the Period starting with the 16th of the month and ending with the last day of the month are paid on the 16th of the following month (2 weeks after the end of the period). Should any designated payout day fall on a non business working day, the payout is postponed until the next business working day.

If there is a discrepancy with any of your payouts, you MUST inform the Program within sixty (60) days or you are said to have waived the right to challenge the payout calculation.
 

Chargebacks

Affiliates who have chargebacks of two (2%) percent or greater, or credit backs ("refunds") of five (5%) percent or greater may be terminated from the Program. Credit back is defined as customers who cancel their memberships and receive a credit. Chargeback is defined as a refund of payment for customers after the credit card has been processed.
 

Limitation of liability
 
We will not be liable nor our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, affiliates, members, and other owners, will 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 we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement or One Hundred ($100.00) Dollars, whichever is less. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.
 

Representations and Warranties

You hereby represent and warrant to us that this Agreement has been duly and validly executed(accepted) and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your 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 you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or Internet service provider provide us with notice that you have 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, we reserve the right to cooperate in any investigation relating to your activities, including disclosure of your account information in connection therewith. 


Disclaimers
 
We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information, and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information. We make no express or implied warranties or representations with respect to the Affiliate Program or any of our services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site(s) will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. 
 
 
Indemnification
 
You hereby agree to indemnify, defend and hold us, our shareholders, officers, directors, employees, agents, affiliates, successors and assigns harmless, 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 us (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 that your use of any Trademark(s) (other than Trademark(s) you obtain from us pursuant to this Agreement) infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site(s) or your promotional activity.
 

Copyright
 
The Program grants a limited nonexclusive, nontransferable and revocable license to use the Program and the websites/products' trademark names, service marks, logos, and to access, download and use promotional banner hypertext links, video, sound, photo content and any other form of intellectual property provided by the Program, on your website(s) for the exclusive purpose of advertising, marketing or promoting ONLY the websites and products of the Program; however, the license herein granted shall automatically and immediately cease upon the termination or breach of any term in this agreement.
 

Confidentiality
 
Any modifications to the terms and provisions of this agreement made specifically for you or your website and not generally available to other webmasters, shall be deemed as confidential. You agree not to disclose any confidential information and that such confidential information shall remain secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose, except to the extent that any such information is generally known or available to the public or if disclosure is required by law or legal process. 
 

Termination
 
The Program reserves the right to terminate you based on but not limited to the following:

The sign-ups you have sent to the Program have excessive refunds and/or chargebacks. 

Sending sign-ups deemed as fraudulent by the Program or performing any action that is deemed as an attempt to cheat the Program.

Altering the authorized linking code provided by the Program by electronic, mechanical or automated means or other technologies, currently available or which may become available in the future. Causing the modification or substitution of the linking code on URLs belonging to or identified with accounts other than your own.

Removing or using technology to disable javascript placed by the Program on its tours.

Publishing, transferring, reassigning, disclosing, distributing, leasing, renting or selling your account.

Signing up through your own account by yourself, an associate or a person directly instructed or related to   you.

Signing up through your own account by yourself for the webmaster referral program.

Breaching any of the terms set forth in this agreement.

Your account and/or website is unsuitable for any reason.

Illegal advertising as stated in section 3. Illegal Advertising

Providing false or incomplete information during the Program's registration process such as a false address or fraudulent banking information.

If we get notified by one of our billing processors that they request your account to be terminated due to violation of their Terms of Service or due to sales deemed as fraudulent by the particular processor.
 
 
Miscellaneous
 
Terminated accounts cannot later apply to the Program without our express written consent. This agreement will be governed by the laws of Gibraltar, without reference to rules governing choice of laws. Our failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement. The sole and exclusive venue for any action arising under this agreement will be in the Courts of Gibraltar, and you hereby submit to the jurisdiction and venue of such courts.
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