| You must
read and agree to these notices, terms and conditions before continuing
and/or subscribing to GloryholecityCash as an affiliate. Please
read them carefully. By becoming an affiliate, you agree to be bound
by these Terms and Conditions (the "Agreement"). This
agreement is subject to change by VeXBros, Inc. and/or GloryholecityCash
at any time, and changes are effective without notice upon each
Affiliate.
We thank you
for considering GloryholecityCash. Before you join us, please familiarize
yourself with these Terms and Conditions of Affiliation. This information
is an agreement that will apply to your affiliation with our site(s).
Please read all of these Legal Notices and Terms of Use by continuously
scrolling down through the entire document.
From time to
time, we revise this Agreement. So, please check this information
periodically. Your signup as an affiliate confirms your agreement
with all current Legal Notices, Terms and Conditions of Affiliation
and Use, as well as your acceptance of any changes we make to them,
at any time. Any updates to this online version of the Agreement
shall supersede any prior version(s).
If, at any time,
after you have read all the components this Agreement, you reject
or do not agree to be bound by them, you should immediately cancel
your affiliation and use of any promotional materials for the site(s).
Additionally, you must immediately destroy any and all copies of
promotional materials that you have downloaded, obtained or cached
from the site(s).
THE
AGREEMENT
1. In order
to enroll and participate as an affiliate in the GloryholecityCash
Affiliate Program, you must 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
in any way if you are not of the age of majority in the state, province
or country where you reside and/or conduct business.
2. VeXBros,
Inc. / GloryholecityCash will not accept accounts including, but
not necessarily 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.
VeXBros, Inc. / GloryholecityCash reserves the right to cancel any
account that has an unusually high number of charge backs and/or
refunds.
4.
You acknowledge that you may not send hits from any site containing
CHILD PORN or PIRATED SOFTWARE (aka "warez"). Affiliate
accounts found to be utilizing such sites to generate traffic will
be deleted and all monies will be forfeited. This is also true of
traffic from websites containing obscene material, including without
limitation any material depicting bestiality, rape or torture and/or
sites that contain material which constitutes an infringement, misappropriation
or violation of any person’s intellectual property rights
such as copyrights, trademark rights, rights of publicity, patent
rights, personal property rights, privacy rights or other rights.
Affiliates sending traffic from such sites will be terminated.
5.
VeXBros, Inc. / GloryholecityCash will not be held liable for any
loss due to server downtime, net congestions, and any other similiar
problems.
6.
SPAM IS NOT TOLERATED. To comply with US Federal Law, CAN-SPAM
Act of 2003, VeXBros, Inc. / GloryholecityCash has
made revisions to our spam policy as follows:
VeXBros, Inc. / GloryholecityCash
SPAM POLICY
WHAT IS SPAM?
Any form of unsolicited advertising through email, newsgroups,
IRC posts, and/or instant messaging clients. Any SPAM complaint
regarding a VeXBros,
Inc. / GloryholecityCash
Affiliate is cause for immediate termination. This is a very serious
matter. DO NOT send email to anyone who has not made a verifiable
request for information.
What types of advertising are considered SPAM?
- Any non verifiable non opt-in emailing. Bulk emailing (sending
an email advertisement to persons listed on an email address lead
list). Advertising with bulk email services (companies who will
send an email advertisement to persons listed on an email address
lead list for you) will be grounds for immediate account termination.
- Newsgroup
Posting. Posting commercial messages is spam and any complaints
from newsgroup moderators about an affiliate will be grounds for
immediate account termination.
- IRC / IM
/ ICQ Clients Unsolicited messages through any media, including
chat rooms and instant messages is considered SPAM.
PRE-APPROVAL IS REQUIRED FOR ALL AFFILIATES USING EMAIL TO PROMOTE
ANY GLORYHOLECITYCASH SITES
You must be on our approved list of affiliates that have and will
continue to abide by VeXBros,
Inc. / GloryholecityCash
SPAM POLICIES and the CAN-SPAM Act of 2003 before you can send
any email promotingour sites.
OPT-IN
ONLY
All Email addresses must be OPT-IN. Upon request you the affiliate
must provide VeXBros,
Inc. / GloryholecityCash
with original IP and recipients name, physical address (if possible)
and where you originally collected the Email address from.
(A) the recipient
must have expressly consented to receive the email, either in
response to a clear and conspicuous request for such consent or
at the recipient's own initiative (active or ex-customers); and
(B) if the
email is from a party other than the party to which the recipient
communicated such consent, the recipient must have been given
clear and conspicuous notice at the time the consent was communicated
that the recipient's email address could be transferred to such
other party for the purpose of initiating commercial email messages.
NO FALSE OR MISLEADING HEADER INFORMATION
(A) header information must be technically accurate, which includes
an originating email address, domain name, or Internet Protocol
address.
(B) the `from'
line must accurately identify the person who initiated the message,
and should not be false or misleading; and
(C) header
information should not be misleading, it must identify accurately
the computer used to initiate the message, no relaying or retransmitting
of messages for purpose of disguising its origin.
NO DECEPTIVE SUBJECT LINES
(A) No email messages where the subject line of the message would
be likely to mislead a recipient. Any Email promoting gloryholecity.com
must have a "SEXUALLY ORIENTED MATERIAL" or similar
warning in the subject line.
Note:
We are waiting for the US Attorney General to prescribe
clearly identifiable marks or notices to be included in or associated
with commercial email that contains sexually oriented material,
in order to inform the recipient of that fact and to facilitate
filtering of such email.
OPT-OUT LINK
ON EMAIL REQUIRED
All email must contain a functioning return email address or other
Internet-based mechanism, clearly and conspicuously displayed,
that:
(A) a recipient
may use to submit, in a manner specified in the message, a reply
email message or other form of Internet-based communication requesting
not to receive future commercial email messages from that sender
at the email address where the message was received; and
(B) remains
capable / active of receiving such messages or communications
for no less than 30 days after the transmission of the original
message.
(C)
requests for removal must be honored within 5 days, preferably
sooner, or instantaneously.
SPAM RULE VIOLATIONS
Any VeXBros,
Inc. / GloryholecityCash
affiliate who violates any of the above rules will have their
account immediately terminated and all monies earned will be lost.
Where
do I report SPAM? To report SPAM please
7.
VeXBros, Inc. / GloryholecityCash reserves the right to cancel this
program at any time without notice.
8.
Modification: VeXBros, Inc. / GloryholecityCash reserves the right
to modify any of the terms and conditions contained in this Agreement,
at any time and at our sole discretion. Notice of any change by
e-mail, to your address on our records, or the posting on our site
of a change notice of a new agreement, is considered sufficient
notice for notifying you of a modification to the terms and conditions
of this Agreement. Modifications may include, but are not limited
to, changes in the scope of available commission fees, commission
schedules, payment procedures, and Affiliate Program rules. All
such modifications shall take effect 48 hours after notice is served
as provided above, unless otherwise indicated. If any modification
is unacceptable to you, your must terminate this Agreement. Your
continued participation in the GloryholecityCash Affiliate Program,
following a posting of a change notice or new agreement on our site,
will constitute binding acceptance of the change(s).
9.
Representations and Warranties. You hereby represent and warrant
to VeXBros, Inc. / GloryholecityCash that this Agreement has been
duly and validly executed 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, internet
service provider or other person or entity provide VeXBros, Inc.,
Gloryholecity and/or GloryholecityCash with notice that you have
engaged in transmission of unsolicited 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.
10.
Indemnification. You hereby agree to indemnify, defend and hold
harmless VeXBros, Inc., and/or GloryholecityCash, its shareholders,
officers, directors, employees, agents, affiliates, successors and
assigns, 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"),
insofar as such losses (or actions in respect thereof) arise out
of or are based on (a) any claim or threatened claim that our use
of your trademark(s) infringes on the rights of any third party;
(b) the breach of any promise, covenant, representation or warranty
made by you herein; or (c) or any claim related to your site.
11.
Webmaster Referral Program: Family members are not eligible as referrals
and any attempt to "cheat" the program will result in
immediate account termination.
12.
All VeXBros, Inc. / GloryholecityCash affiliate program materials,
including without limitation, all advertising banners, photographic
materials, recordings, video, sound, and any other form of intellectual
property provided to you by VeXBros, Inc. / GloryholecityCash as
part of this program shall remain the property of VeXBros, Inc.
/ GloryholecityCash 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 in writing by VeXBros,
Inc. / GloryholecityCash or an authorized agent thereof.
13.
Miscellaneous. Terminated accounts cannot later apply to this Program
without express written consent. This Agreement will be governed
by the laws of the United States and the State of New Jersey, without
reference to rules governing choice of laws. You may not assign
this Agreement, by operation of law or otherwise, without our prior
written consent. Subject to that restriction, this Agreement will
be binding on, inure to the benefit of, and enforceable against
the parties and their respective successors and assigns. 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 the state and federal courts for Middlesex County, New Jersey,
USA and you hereby submit to the jurisdiction and venue of such
courts.
14.
Affiliate Website Ownership: You must be the owner or a person who
is otherwise is entitled to contract on behalf of the entity which
owns the rights to the website you indicate as part of signing up
for the GloryholecityCash Affiliate Program.
15.
Acceptance And Execution Of This Agreement. By CHECKING THE CHECKBOX
LOCATED NEXT TO “I
have Read and Agree to the Terms and Conditions of Affiliation"
on the signup form, and by supplying VeXBros, Inc. / GloryholecityCash
with all the required information to sign up for the GloryholecityCash
Affiliate Program, you are acknowledging that you agree to all of
the terms, conditions, promises, warranties, duties and obligations
set forth in this agreement.
THIS
IS A LEGAL AGREEMENT BETWEEN YOU AND VEXBROS, INC / GLORYHOLECITYCASH.COM.
BY SIGNING UP FOR THIS AFFILIATE PROGRAM YOU ARE AFFIRMATIVELY STATING
THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND
ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM
AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.
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