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reason whatsoever. The SITE will not accept accounts including, but not limited to, webmasters from: Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Cost Rica, Croatia, Czech Republic, Estonia, Georgia, Hungary, India, Indonesia, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Korea, Kyrgyzstan, Latvia, Lithuania, Malaysia, Moldova, Pakistan, Poland, Philippines, Romania, Russia, Singapore, Slovakia, Slovenia, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan and Yugoslavia.
3. TERM
This Agreement and the provisions hereof, shall be in full force and effect commencing on the date accepted by SITE and continuing until terminated by either of the parties in accordance with the Termination provisions set forth infra.
4. COMPENSATION AND BENEFITS
The SITE offers different programs, which are described at
http://www.nastydollars.com/signup.htm?wm_refer=, for its Webmaster clients. The SITE pays thirty-five dollars ($35.00) for both trial and full signups. We pay forty dollars ($40.00) if Webmaster sends more than two-hundred and ten (210) qualified signups in a pay period (fifteen signups per day or better average). For the Webmaster Referral Program, an active Webmaster is defined as a Webmaster that has sent a small number of customer signups (the number is randomly between 4-8 to prevent fraud) to our Sites described at:
http://nastydollars.com/sites.htm. Fifty dollar ($50.00) bonus days are for a maximum of 20 signups for that given day. Family members are not eligible as referrals and any attempt to "cheat" the program will result in immediate account termination. Webmaster also acknowledges and agrees that Webmaster shall not be entitled to a commission or referral fee from the SITE for any subscription that the SITE determines is the result of possible fraudulent activity. Webmaster further acknowledges and agrees that the SITE shall have the right, in its sole and exclusive discretion, at any time to expand or modify what it determines to constitute possible fraudulent activity. Without limiting the foregoing, possible fraudulent activity shall include without limitation, the following circumstances or activities: (1) Where there has been an attempt to put through a credit card with a bin number that is listed in a negative bin number database; and (2) Where there have been sequential or multiple attempts to register or subscribe from a credit card using the same bin number and sequential or multiple number strings to complete the credit card number. Webmaster acknowledges and agrees that Webmaster shall not be entitled to a commission or referral fee for any subscriber who Webmaster sent or referred to one or more of the Sites in violation of the terms of this Agreement. Additional promotional benefits or restrictions may be implemented from time to time, and notices of such benefits or restrictions shall be conspicuously stated on the SITE.
5. HOSTING SERVICES
SITE provides hosting services free of charge to its Webmaster clients. Hosting terms and conditions are posted on the SITE, and may be changed from time to time. By agreeing to this contract, you also agree to any policies or terms applicable to hosting services provided by SITE.
6. IMPLEMENTATION
SITE and Webmaster acknowledge that ?time is of the essence? in the commencement of this Agreement. SITE will devote all commercially reasonable efforts to provide Webmaster with all necessary content, links, script and promotional Materials as soon as reasonably possible.
7. BILLING AND DISBURSEMENT
SITE reserves the right to determine the manner in which payments will be processed. Disbursements are generally made once every two (2) weeks for commissions earned during the preceding period. Checks for the pay period from the 1st day of the month to the 15th day of the month are sent out on the 24th day of the month. Checks for the pay period from the 16th day of the month to the end-of-month are sent out on the 9th day of the following month. Webmasters can check their revenue statistics by accessing the statistics web page located at
http://www.nastydollars.com/sts/members/stats.cgi, access to which will be provided upon acceptance of this Agreement. The SITE reserves the right to cancel any account that has an unusually high number of chargebacks and refunds.
8. REPRESENTATIONS AND WARRANTIES
Webmaster warrants that Webmaster is the sole owner of any and all necessary rights, title and interest to the content not provided by SITE, but contained or displayed on the Webmaster?s website such as text, images, logos, graphics and functional elements. Webmaster further warrants that such content complies with this Agreement, and that such content is free of claims to the content by third parties. Webmaster further warrants that Webmaster is at least eighteen (18) years of age or over the age of majority if Webmaster resides and/or conducts business in states, provinces or countries where the age of majority is greater than eighteen (18) years, and can submit proof of age upon request by SITE. Webmaster may not participate in the Program in any way if they are not of the age of majority in the state, province or country where Webmaster resides and/or conducts business. Webmaster represents and warrants that the execution, delivery and performance of this Agreement by Webmaster is within Webmaster?s legal capacity and power, has been duly authorized by all requisite action, does not require the approval or consent of any other persons, and neither violates nor constitutes a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which Webmaster is the subject or which is binding upon the Webmaster, or (ii) the terms of any other agreement, document or instrument applicable to or binding upon the Webmaster. Webmaster represents and warrants that Webmaster owns or is otherwise entitled to contract on behalf of the entity which owns the rights to Webmaster?s website. Finally, Webmaster represents that Webmaster?s website is in full compliance with Section 2257 of Title 18, United States Code, the ?Records Keeping and Labeling Act.? Webmaster acknowledges that it is Webmaster?s legal obligation to comply with the disclosure provisions of the Records Keeping and Labeling Act, and that Webmaster must conspicuously identify a records custodian and records address for each image appearing on the Webmaster?s website. Webmaster represents and warrants that any and all content it provides on its SITE is compliant with Title 18 U.S.C. §2257, and that all models depicted thereon were at least eighteen (18) years of age when the content was created. SITE will provide each Webmaster with relevant records custodian information for sexually explicit content provided by the SITE. The SITE makes no representations or warranties other than those specifically contained herein, and specifically disclaims any implied warranties, including merchantability or fitness for a particular purpose.
9. ACCEPTABLE USE POLICY FOR WEBMASTERS
Webmaster agrees to be bound by the following general policies in connection with all content with which the SITE?s promotional materials, links or logos are associated: