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Bxdx.com Terms and Conditions for Webmasters Please read the following
CAREFULLY. This is a legal agreement ("Agreement") between Bxdx.com ("Company" "we," or "us") and
webmaster/applicant.
The following offer to applicant is subject to all the terms, conditions,
limitations and waivers below.
Applicant acknowledges and agrees that by participating in the Program
and to be bound by all the terms and conditions in this Agreement.
Site Submition Requirements:
 Template sites are allowed, so long as they have unique name and
description.
Pop-up consoles in protected members pages will not be tolerated.
Sites with more than one
advertisement banner/link per page will be declined.
No FPAs or bannerfarms between
pages.
No full sized pics on html pages.
Link must be from thumbnail directly to a full
sized picture
Make sure the site is user friendly and
there are no confusing or misleading links.
Only real domain names, no IP's and redirect services.
Do not submit your site if it is still
under construction.
The site must have at least 50 pictures/ 5 movies / 5 stories.
At least 20 thumbnailed pictures
per page but no more than 50
Payments:
All payments will be made in US Dollars. Payments will be made on a bi-weekly
schedule: from the 1st to the 14th of each month and from the 15th to the end of
each month. Payments are sent by BXDX after 1 month of the end of a
payment period. The accumulated sum have to be $50+ (for wire transfers $200+). Unpaid earnings are carried to the following payment
period. The payments are made by checks ($5 fee), wire transfers ($25 fee,
wires over $500 is free), Epassporte (free), Fethard (free).
Webmaster
Warrants to Company:
In consideration of Company
providing program benefits, applicant agrees and warrant as follows:
That applicant will at no time, or using any materials provided by company,
directly or indirectly display or include on Your Website any advertising or
advertising links of any kind which promote Bxdx.com websites or services
provide through Bxdx.com's websites, other than those advertisements or
hypertext ad links which have been pre-approved by Company, in compliance with
this Agreement, and which advertise Bxdx.com or other sites, companies, products
or other wide area network addresses which we designate.
NOTE: COMPANY POLICIES ARE FOR ZERO TOLERANCE FOR SPAMMING. IF YOU SPAM, YOUR
PARTICIPATION IN THE PROGRAM WILL BE TERMINATED, YOU WILL BE BARRED FROM FUTURE
PARTICIPATION IN THE PROGRAM AND ALL FUNDS OTHERWISE DUE TO YOU WILL BE
FORFEITED TO THE COMPANY: You therefore
warrant that You will not use any form of mass unsolicited electronic mail
solicitations, news group postings, IRC posting or any other form of what is
commonly known as "spamming" as a means of promoting your website or
for the purpose of directing or referring users to any websites owned, operated
or controlled by Bxdx.com. You further acknowledge and agree that company has
the right to immediately, and without notice, terminate your participation in
the program if we, in our sole and exclusive judgment, conclude that you have
engaged in the use of any form of mass unsolicited electronic mail
solicitations, news group postings, password selling or trading, warez, IRC
posting or any other form of "spamming".
That applicant will not copy or reproduce, alter, modify or change, broadcast,
distribute, transmit or disseminate any banners, hypertext links or other
promotional or advertising materials provided to applicant by company pursuant
to this agreement and the program in whole or in part, in any manner, at any
time anywhere in the world except as authorized by Bxdx.com in writing;
That applicant will not, directly or indirectly, by any means, trick, link or
artifice of any manner link any of the following content or material to any
Bxdx.com`s website through any hyperlinks maintained or created on applicants
website or websites:
1.
Obscene
material; including without limitation to any material depicting unde'r'age, bestiality,
rape.
2. Any material which is
displayed or transmitted in a way as to constitute harmful matter or indecent
communications to minors;
3. Any
material which constitutes child pornography or matter which involves
depictions of nudity or sexuality by an age inappropriate-looking performer be
the performer real or computer generated (i.e. someone who looks younger than
18 years of age), or by a performer who is portrayed or made to appear to be a
person under the age of 18 years of age by virtue of the script, make-up,
demeanor, costuming, setting, etc;
4. Any
material, which is threatening, abusive, hateful, defamatory, libelous,
slanderous, scandalous or injurious to the reputation of any person or entity;
5. Any
material which constitutes an infringement, misappropriation or violation of
any person's rights of publicity, privacy rights or any person's intellectual property
rights, including but not limited to copyrights, trademark and service rights;
This includes photos altered to look like celebrities or other private persons.
6. Any
program, file, data stream or other material which contains viruses, worms,
"Trojan horses" malicious java script or any other feature, which
takes control of a third parties computer or cpu without their permission. Regardless whether damage is intended or
unintended, which may cause damage to any computer equipment, loss or corruption
of data or programs or inconvenience to any person;
7. Any
material which contains any solicitation for prostitution, or which promotes or
facilitates Adult Websites, Incentive Based Websites, Warez Websites or the
hacking, cracking or the downloading or trading of unauthorized MP3 audio files
8. Any
material not fully in compliance with 18 U.S.C. Sec. 2257 et seq.;
Applicant shall remain a program participant until applicants terminate
participation in the program by notifying Bxdx.com by E-mail at:
of applicants intent to terminate
participation; or applicants participation in the program is terminated by
Bxdx.com for any reason; or the program is terminated by Bxdx.comy for any reason.
That applicant will remain a program participant in good standing at all times
applicant is receiving benefits or are otherwise participating in the program.
That applicant shall cease to be a participant in good standing and shall be
subject to immediate termination of all benefits without prior notice if there
is a failure to perform under or breach any part of this Agreement.
That if applicants participation in the program is terminated for any reason or
is not in good standing, changes applicants website's URL or applicant ceases
to offer services on the Internet, applicant shall immediately and permanently
cease all use of all materials provided by Bxdx.com and that all files
containing materials provided will be removed from your website.
That applicant is over the age of eighteen (18) years.
That the person executing this agreement has the authority and is otherwise is
entitled to contract on behalf of the entity which owns the rights to the your
Website.
That you will supply Company with a Federal Tax ID or Social Security Number
when requested, and that the failure to supply that information will constitute
a basis for terminating this Agreement and for forfeiting any commissions or
fees to which you would otherwise be entitled under this Agreement as
liquidated damages.
That upon termination of this Agreement you will immediately cease using
Company marks and remove any materials supplied to you by Company or referring
to Company, including without limitation any banner ads, from Your Website.
That all of applicant’s warranties, indemnities and obligations, which by their
nature are designed to survive termination, shall extend beyond the termination
of this Agreement.
Limitations Of Your Participation In The Program:
You acknowledge and agree to the
following limitations:
Only persons over the age of eighteen (18) years may participate in the
program.
Bxdx.com shall at all times have the right, in its sole and exclusive
discretion, to modify and/or terminate the Program and any and all program
benefits associated with Program at any time, and may do so with or without
prior notice or cause.
Bxdx.com has the right to terminate applicants and any other person's
participation in the Program at any time and may do so with or without prior
notice or cause.
This agreement and the rights under it are not transferable and may only be
used by applicant in association with participation in the program.
All Program Benefits materials, including, without limitation, all advertising
banners, hypertext links, photographic materials, recordings, video, sound, and
any other form of intellectual property provided to You by Company as part of
this Program shall remain the property of Company and may not be copied or
reproduced, altered, modified or changed, broadcast, distributed, transmitted
or disseminated, sold or offered for sale in any manner, at any time anywhere
in the World except as expressly authorized by Company in writing.
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 or service marks.
A "referral" from Your Website which entitles You to a "referral
fee" shall be defined as follows:
(i) A person who has been directed to a website controlled or operated by Bxdx.com
through the use of a banner ad or hypertext link supplied by Bxdx.com as part of
the Program (hereinafter referred to as "Authorized Link") that
resides on your website and which automatically connects any person who clicks
on said Authorized Link to a Company website; and
(ii) A person who, after having been directed to a website owned or operated by
Bxdx.com through the use of an Authorized Link, clicks through to an Advertiser
listed on Bxdx.com's website (hereafter defined as a "unique click-through
to an Advertiser").
You acknowledge and agree that Bxdx.com shall have the right to deny or withhold
payment from applicant and to terminate applicant from the program if the
Bxdx.com determines that applicant has directly or indirectly engaged in, or encouraged
fraudulent activity.
You further acknowledge and agree
that Bxdx.com shall have the right, in its sole and exclusive judgment, to
determine what constitutes fraudulent activity and whether conduct, directly or
indirectly constituted or encouraged fraudulent activity. The Bxdx.com's
determination that fraudulent activity has or is occurring shall be conclusive
as to that issue.
You acknowledge and agree that Bxdx.com shall have the right to terminate the
program at any time, for any reason, or for no reason at all, in its sole and
absolute discretion.
All referral fees due and payable hereunder shall be payable in United States
Dollars.
The referral fees payable as part of the Program shall be listed at the link
located at Bxdx.com’s website, and Bxdx.com reserves the right, in its sole and
exclusive discretion, at any time to alter or modify the Program including the
method and terms of all payment benefits to Participants. Any changes posted
link set forth above shall be binding upon all participants immediately upon
posting said changes at that link by Bxdx.com.
It is Applicants sole obligation
to check the link to determine if there have been any changes in the
Program. If Company has changed the
terms of this agreement and Applicant disagrees with such than Applicant is
excluded from program.
No Joint Or Collaborative Venture; No Monitoring Or Control Of Your
Content By Us:
Nothing in this Agreement is
intended by Bxdx.com to create or constitute a joint or collaborative venture or
partnership of any kind between Bxdx.com and Applicant agree that nothing in
this Agreement be construed as constituting or creating any agency, employment
relationship, joint or collaborative venture or partnership between Applicant
and Bxdx.com its employees, agents or assigns.
You acknowledge and agree that we shall have no control nor ownership interests
of any kind in applicants business or Website.
You acknowledge and agree that You shall have no financial or other interest in
Bxdx.com or any property owned by Bxdx.com, its affiliates, agents, successors or
assigns.
You acknowledge and agree that the relationship with Bxdx.com shall be
restricted to matters pertaining to the Program exclusively and shall be
governed entirely by the terms and conditions of this Agreement.
You acknowledge and agree that Bxdx.com has no direct or indirect control over
the content of performances or services, the manner of performances or
services, or the time or duration of provision of performances or services by
Applicant, at or in association with your Website except as specifically set
forth in this Agreement.
You further acknowledge that neither Bxdx.com nor any employee, associate,
agent, assign or successor of Bxdx.com shall exert or provide any direct or
indirect control over, monitoring of, supervision of, prior approval of, or
review of the content appearing or otherwise distributed on, at or in
association with your Website, and that applicant shall be solely responsible
for any legal liabilities or consequences resulting from the dissemination of
that content on or through your Website.
Company makes no guarantees or warranties of any kind:
You acknowledge and agree that
Bxdx.com makes no guaranties or warranties of any kind with respect to the
Program or materials provided by, through or in association with the Program,
and all materials are provided to you "as is", and that use of
Program and associated materials, including, without limitation is solely at
your risk. Bxdx.com disclaims all warranties, either express or implied
including, but not limited to, express or implied warranties of merchantability
and fitness for a particular purpose, with regard to the Program and any and
all materials of every kind supplied to as part of this Program.
Company Limited Liability and Liquidated Damages :
You acknowledge and agree that
under no circumstances shall Bxdx.com, its employees, independent contractors,
authors, agents, representatives, assigns and successors be liable to
applicant, or any other person or entity, for any direct or indirect losses,
injuries or incidental or consequential damages of any kind (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY
OTHER PECUNIARY LOSS) with regard to any link to any Bxdx.com website, or
arising from or in connection with the use of the Program materials, or due to
any mistakes, omissions, delays, errors, interruptions in the transmission, or
receipt of Bxdx.com' services, content or Program materials, including without
limitation any losses due to serve problems or due to incorrect placement of
HTML or other programming languages.
Notwithstanding the foregoing express limitations of liability, you acknowledge
and agree that should Bxdx.com, its officers, employees, successors, or assigns
be held liable for damages, injuries or losses of any kind, directly or
indirectly resulting from participation in the program, that the aggregate
liability arising with respect to and under this Agreement and the Program for
any and all claims, injuries, damages or losses will not exceed the total
referral fees paid or payable to you under this Agreement.
No Representations Of Success Or Profitability
You hereby confirm and acknowledge
that you have unilaterally decided to enter an Internet service business and
acknowledge that it is a high-risk business. You further confirm, acknowledge
and expressly agree that neither Company, any agent or representative of
Company, nor any other person has at any time in the past, represented to You
or has otherwise directly or indirectly communicated in any manner to You any
guarantee, reassurance or any other communication of any kind regarding:
1. the potential profitability
or likelihood of success of your participation in the Program as set forth in
this Agreement or otherwise;
2. the possibility or
likelihood that use of any products and/or services provided by Company
pursuant to this Agreement can or will result in the recoupment of any funds
expended by You for the promotion of Your Website or any other purpose; or
3. the existence, nonexistence,
size or any other characteristics of any market for any products or services
which involve Your participation in the Program pursuant to this Agreement.
4. Applicant
agrees that such program is not a franchise or other business opportunity and
agrees that such program does not fall within any such act or law. Specifically, these terms and conditions are
not by their definition an offer or business opportunity. You further expressly agree not to raise any
claim of any kind against Company and you agree to hold Company harmless from
any claim of loss to you directly or indirectly resulting from your decision to
participate in the Program pursuant to this Agreement.
No Monitoring Or Supervision Provided By Us
We shall not monitor, supervise or
review, and shall not be responsible for any content appearing or otherwise
distributed on, at or in association with Your Website except for that content
which is supplied to You by Us, provided that said content supplied to You by
Us has not be altered or modified by You or any other party.
Term And Termination Of Agreement
You acknowledge and agree that the
term of this Agreement is at will and will begin upon Bxdx.com's acceptance of
your Affiliate application and will end when terminated by either party. Either
you or Company may terminate this Agreement at any time, with or without cause,
by giving the other party written notice of termination.
In the event that this Agreement or Program is terminated, you shall be
entitled to all unpaid commissions or referral fees earned by you prior to the
date and hour of termination. However, You shall not be entitled to receive any
commissions or referral fees for any "referrals" delivered or
received by Bxdx.com after the date and time of termination.
Entire Agreement; Modification;
Assignment
This Agreement constitutes the
entire agreement between Applicant and Company with respect to the subject matter
hereof, and supersedes and cancels all other prior agreements, discussion, or
representations, whether written or oral.
You agree that Company may at any time, in its sole and exclusive discretion,
modify the type and quality of benefits provided to you under this Agreement by
posting a change notice or a new agreement on this site. Modifications may
include, for example, changes in the scope of available referral fees, fee
schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE
TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW
AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Applicant acknowledges and agree that the failure of Bxdx.com to enforce any of
the specific provisions of this Agreement shall not preclude any other or
further enforcement of such provision(s) or the exercise of any other right
hereunder.
Applicant agrees that all promises, obligations, duties and warranties made by
applicant in this Agreement are personal to applicant and that neither they nor
any benefits hereunder may be assigned by applicant to any other person or
entity.
You agree that Company may at any time, and without prior notice to you, freely
assign all or part of its duties, obligations and benefits hereunder.
Acceptance And Execution Of This Agreement
By filling
out and submitting the sign-up form, You are agreeing to be bound by all of the
terms, conditions, promises, warranties, duties and obligations set forth in
this Agreement and Company is agreeing to become a counter-party to the
Agreement. The date of execution shall be the date on which the form is forwarded
to Bxdx.com.
If you have any questions, please, feel free to contact us at wmsupport@Bxdx.com
Agree with the conditions - Register here!
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