This agreement ("Agreement") is between You the webmaster ("Affiliate") and Black Dog Unlimited ("BDU"), operators of the WebcamCash Affiliate Program ("Program").
1. Restricted Access:
Upon entering into this Agreement, Affiliate understands and acknowledges that the Live Webcam Content ("Content") being offered by Program is adult-oriented and contains sexually explicit materials. Access to Content is restricted to adults over the age of 18. INTENTIONALLY PROMOTING OR FURNISHING ADULT MATERIALS TO MINORS IS ILLEGAL AND WILL NOT BE TOLERATED UNDER ANY CIRCUMSTANCES. SUCH BEHAVIOR IS BY DEFINITION A MATERIAL BREACH OF THIS AGREEMENT.
2. Participation Requirements:
In order to participate in the Program Affiliates must:
2.1 Not alter or modify any designs or artwork BDU provides to Affiliate.
2.2 Provide BDU with a valid user name and password for Affiliate's subscription web site permitting BDU access to inspect the implementation of Services as long as the Program appears on Affiliate's web site.
2.3 Affiliate understands that the content requested is adult in nature and agrees not to furnish it in any way to minors and further agrees to verify the age of viewers before viewing where required by law.
2.4 Any breach of the terms set forth in this paragraph 2 and its sub paragraphs, shall be considered to be a material breach and will result in Affiliate's immediate termination from the Program and Affiliate's forfeiture of any unpaid revenue share.
3. Indemnity:
Affiliate warrants and represents that they own or operate a lawful and otherwise valid Internet web site. Affiliate further represents that they have the requisite power and authority to enter into this Agreement. Affiliate also warrants and represents that they are at least 18 years of age and that performance under this Agreement does not and will not constitute a breach of any existing contract or obligation undertaken by Affiliate; and that there are no outstanding orders, judgments, decrees, rules or regulations which would preclude Affiliate from entering into this Agreement. Affiliate agrees to indemnify BDU and its shareholders, officers, directors, employees and agents against any loss, damage or liability (including reasonable legal fees) which result from Affiliate's acts or omissions or from the use of any Content or other BDU materials not expressly authorized by this Agreement.
4. Disclaimer:
BDU provides its services "as is" and makes no warranties, either expressed or implied, with regard to the performance of the link or the Content of BDU's web site(s); BDU expressly disclaims any warranties, including that of merchantability or fitness for a particular purpose with respect to the Program, and Affiliate acknowledges that no representation or warranty has been made with respect to any income which Affiliate may or may not receive under this Agreement. BDU shall not be held liable to Affiliate or any other person or entity, including users of BDU's services, for any losses, injuries or damages of any kind, arising from or in conjunction with any mistakes, omissions, delays, errors, or interruptions in the transmission or receipt of BDU's services or Content. BDU is not liable for any direct, indirect, or incidental or consequential damages, including loss of business, loss of profits and the like.
5. Commissions:
Affiliate's share of gross revenues generated by the Content shall be outlined in the following subsections. For specific details about the program itself, please click on the following link http://www.webcamcash.com. BDU shall be responsible for the accounting and disbursement of revenues. Disbursement to Affiliate shall be within 10 calendar days after the end of each month, (e.g., the revenue from the month of January will be disbursed on or before the 10th of February).
5.1 The Conversion Sale shall be defined as the first purchase made by a customer of any pay-per-view package. By definition there is a maximum of one Conversion Sale per customer.
5.2 PAYOUT OPTIONS: The calculation of Affiliate earnings is dependent upon which payout Affiliate chooses. Program offers three payout options (Revshare, Per Join and 100% of Conversion Sale), described in the following subsections:
5.2a REVSHARE:
Affiliate shall be paid at a rate of 20% of all pay-per-view
webcam sales, as declared in TABLE 5.1.
TABLE 5.1: REVSHARE PAYOUT OPTION SUMMARY:
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Camhotties.com promotion 100 % Revshare
|
5.2b $35-$75 PER JOIN:
Affiliate shall be paid $35-$75 (incrementally) for every Conversion Sale, as
declared in TABLE 5.2.
TABLE 5.2: PER JOIN PAYOUT OPTION
SUMMARY:
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Camhotties.com promotion $100 Per Sale
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5.2c 100% OF CONVERSION SALE: Affiliate shall be paid 100% of the value of
every Conversion Sale, as declared in TABLE 5.3.
TABLE 5.3: 100% OF CONVERSION PAYOUT OPTION SUMMARY:
| Package | You Earn |
| $25 Deposit | $25 |
| $50 Deposit | $50 |
| $100 Deposit | $100 |
5.3 Affiliate Referral Commissions: Affiliate shall earn 15% of the commissions of any affliliate referrals ("Referral") made through the Program, at regular Program commission rates (as defined in section 5.2). In the case where Referral or Referrer has negotiated a commission rate higher than those defined in section 5.2, Affiliate shall be paid at a rate to be mutually agreed upon by Affiliate and BDU. No Affiliate Referral Commissions shall be paid for self-referrals.
5.4 Fees: There is no cost for this program.
5.5 Exceptions: No commission shall be paid on the following:
5.6 If BDU should at it's sole discretion deem necessary, a portion or all of each disbursement may be withheld by BDU to cover any credits, chargebacks or reversals that may occur directly from minutes purchased by Affiliate's referrals. The withholding shall be reimbursed to Affiliate after three (6) months less disbursements that were credited, charged back or reversed.
5.7 BDU reserves the right to withhold disbursements in order to reimburse itself for commissions already paid on exempted purchases (as defined in paragraph 5.5) and in excess of sums previously withheld (as defined in paragraph 5.6).
5.8 All figures are expressed in US dollars.
5.9 All commissions are paid in US dollars from a US or Canadian bank.
6. Term and Termination of Agreement:
6.1 The term of this Agreement shall be indefinite. Both parties reserve the right to terminate this Agreement at any time, without cause. Delivery of notice by BDU via e-mail to the address provided by Affiliate in the Program application form shall be considered sufficient notice to Affiliate. Delivery of notice by Affiliate via e-mail to info@webcamcash.com from the address provided by the Affiliate in the Program application shall be considered sufficient notice to BDU. Ceasing business transactions by either party without notice shall be construed as termination without notice and is by definition a material breach of this agreement.
6.2 Upon termination of this Agreement, Affiliate shall immediately cease using Program's marks and remove Program's banner(s) from Affiliate's web site or other Internet entity.
6.3 Any warranties, indemnities and obligations, which by their nature are designed to survive termination, shall extend beyond the termination of this Agreement.
6.4 Upon termination of this Agreement, Affiliate shall be entitled to all unpaid commissions (as described above) earned prior to the date and hour of termination. However, Affiliate shall not be entitled to receive commissions for any transactions occurring after the date of termination.
6.5 BDU reserves the right to terminate Affiliate from the Program without advance notification for any reason. In such case Affiliate will be notified by e-mail immediately and paid for all commissions accumulated up to that point in time (as described above), except in cases where it is determined Affiliate has violated this agreement in any material way. By way of example, but not limitation, material breaches would include the use of blind links, hits coming from any type of meta tag refreshers, hits generated by javascript or applets or password sites.
7. Rights Granted:
7.1 BDU grants to Affiliate the non-exclusive right to place the Content on their Web site.
7.2 The rights granted herein shall be for reasonable, appropriate and lawful use only. BDU neither encourages nor condones the misappropriation of celebrity names or images or other trade or service marks for commercial purposes and shall not be responsible for such conduct by Affiliate. In addition, BDU specifically forbids the practice of "spamming" (the sending of unsolicited bulk e-mail) as a means of attracting traffic to Site(s). Any site Operator found to be spamming or infringing upon the rights of another person or entity will be dropped without payment from the program.
8. Miscellaneous Terms:
BDU reserves the right to change any aspect of any program at any time for any reason that BDU finds suitable. Please refer to the web page http://www.webcamcash.com/terms.html (this page) at any time for the current Terms and Conditions.
This document was last edited on Tuesday December 20, 2005