By becoming a participant in any FlushOffers Webmaster Affiliate Marketing Program ("Affiliate Program"), You ("Affiliate" "You") are entering into a binding and enforceable contract with FlushOffers INC. ("Company"; "We"; "Us"). THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS AND PROGRAM RULES UNDER WHICH YOU MAY PARTICIPATE A COMPANY AFFILIATE PROGRAM. BY PARTICIPATING IN A COMPANY AFFILIATE PROGRAM AND/OR CLICKING "I AGREE" ON THE SIGN-UP FORM Y OU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS AND PROGRAM RULES SET FORTH BELOW:
3.1 The non-exclusive, non-transferable, revocable right and permission to create authorized links from Your website to one or more Company websites, for which You will be entitled to receive a commission or referral fee for referrals of traffic to one or more Company websites in accordance with the terms of this Agreement provided that You have complied in all material respects with the Terms and Conditions of this Agreement; and
3.2 The nonexclusive, non-transferable, revocable right and license to display on Your website proprietary Company materials including but not limited to banners; text links; graphic images and text (hereafter collectively referred to as "Program Materials") solely for the purpose of promoting the products and services associated with the Affiliate Program and encouraging visitors to Your website to click through to the Company website(s);
3.3 You acknowledge and agree that the Company is, and shall remain, the exclusive owner of the Program Materials provided to You by Company pursuant to the provisions of the Agreement, and that the Program Materials may only be used by You to generate "referrals", as that term is defined in Paragraph 6. 5, during the Your authorized participation in the Affiliate Program. Program Materials may not be otherwise copied, reproduced, altered, modified, changed, broadcast, distributed, transmitted, disseminated or offered for sale or rental in any manner, including but not limited, uploading of Program Materials onto any "video sharing services" such as, but not limited to, sites such as "Pornotube.com" and "Xtube.com", at any time, anywhere in the world, except at expressly authorized by Company in writing.
3.4 Company reserves all of its rights in its trade names, trademarks and service marks and all other intellectual property associated with the Program Materials. 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. Any and all use of Company's trademarks shall be in direct association with the Program Materials and all good will generated therefrom shall inure to the sole and exclusive benefit of the Company. Company reserves the right to terminate use of Program Materials and any association of its marks therewith.
3.5 You agree that this license and Your participation in the Company's Affiliate Program(s) may be terminated or revoked by the Company at any time for any reason, or for no reason, upon notice to You, and You agree upon receipt of such notice to immediately to cease using all Affiliate Program Materials and remove all such Affiliate Program Materials and references to Company and its websites from Your websites and all promotional, advertising or marketing materials of any kind.
3.6 Company may terminate any and all licenses for You to use any or all Program Materials at any time. Company may, for example, recall and terminate Your license to use particular Program Materials at its election. You agree to immediately stop using all such recalled Program Materials upon receipt or constructive receipt of such notice (such as by publication in a webmaster resource area associated with an Affiliate Program).
4.1 That neither Your website(s), nor any content, goods or services offered in, at or through Your website(s) shall at any time during Your participation in an Affiliate Program or use of any Program Materials:
(i) violate any law, statute, ordinance or regulation or promote illegal activities;
(ii) contain or promote obscene materials, including without limitation any material depicting bestiality, rape or torture;
(iii) contain or promote harmful or indecent matter to minors;
(iv) contain any material in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations;
(v) contain any material which constitutes child pornography or matter which involves depictions of nudity or sexuality by an age inappropriate-looking performer (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.;
(vi) contain any material which constitutes an infringement, misappropriation or violation of any person's or entity's intellectual property rights such as copyrights, trademark rights, rights of publicity or patent rights, or which constitutes a violation of any person's or entity's personal property rights, privacy rights or any other rights;
(vii) promote violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
(viii) contain content which is defamatory, libelous, hateful, threatening, abusive or harassing;
(ix) include any of the Company's trademarks or service marks, or variations or misspellings thereof, in Your domain names; or
(x) send unsolicited bulk, junk, spam e-mail or any program, file, data stream or other material that contains viruses, worms, "Trojan horses" or any other destructive feature;
4.2 That You have full authority to enter into this Agreement;
4.3 That You will provide truthful, accurate and complete information to Company concerning Your identity, bank account, address or other required information;
4.4 That all obligations owed to third parties with respect to the activities contemplated to be undertaken by You pursuant to this Agreement are or will be fully satisfied by You, so that the Company will not have any obligations with respect thereto;
4.5 That the Content on Your website does not violate any laws, including but not limited to 18 U.S.C. Section 2257, 18 U.S.C. Section 2257A and 28 CFR 75 et seq., or infringe any copyright, patent, trademark, trade secret, right of publicity, privacy right or any other intellectual, personal or proprietary rights of any third party;
4.6 That You will comply with all applicable laws and regulations in the performance of Your obligations hereunder, and that each email address submitted by You has not been created or obtained fraudulently or in contravention of the Terms and Conditions of this Agreement or any law or regulation; and
4.7 That all materials of every kind, including photographic, videographic, audio, textual and haptic materials used in direct or indirect association with materials provided through the Program, including all Program Materials, shall only be transmitted, distributed, broadcast and otherwise disseminated by You to willing adults and shall at all times comply with contemporary community standards in the communities into which they are so disseminated. As such, You will implement and put into place safeguards, including but not limited to, an "age verification" page, so that no persons who have yet to reach the Age of Majority are
(i) granted authority to access servers containing any Program Materials or
(ii) allowed or enabled to view any and/or all Program Materials which may contain explicit images.
4.8 Use of the Word "Free". You expressly agree that any and all use of the word "free" on or in association with Your Website(s) or otherwise in association with Your participation in the Program must comply with the FTC rules and regulations. If You use the word "free" in association with an offer that is subject to certain terms and conditions, You agree that those terms shall be disclosed in a clear and conspicuous manner. Additional information regarding the use of the word "free" in association with offers is available in a guide entitled "FTC GUIDE CONCERNING USE OF THE WORD "FREE" AND SIMILAR REPRESENTATIONS." A copy of the aforementioned guide may be obtained from the FTC. (See also http://www.ftc.gov/bcp/guides/free.htm.)
4.9 Unauthorized Access To Company Computers and/or Databases Prohibited By Law. You acknowledge and agree that You shall not access, or attempt to access any Program Materials and/or the Company website(s) in a manner not expressly authorized by the Company. Any and all unauthorized access to Company's computers and/or databases, including for the purpose of unauthorized viewing, downloading, receipt, duplication or other use of Program Materials or any Company website, regarding which You are directly or indirectly involved, shall constitute intentional infringement(s) of the Company's and potentially others' intellectual property rights by You, and other rights, and may also violate state and federal anti-hacking and computer privacy laws, including The Electronic Communications Privacy Act, 18 U.S.C. Section 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. Section 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code Section 502. Any unauthorized use or any intrusion of Company's or any other Program Participant's computer systems or networks is strictly prohibited. You agree not to engage or attempt to engage in such activity or to attempt to access any of Company's servers or other computers for the purpose of altering or manipulating Company hardware or software. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE OBLIGATED TO ACT WITHIN THE HIGHEST ETHICAL STANDARDS UNDER THIS AGREEMENT.
6.1 All payment obligations owed to You by Us and all payments paid or payable to You pursuant to Your participation in any of Our Affiliate Programs shall be subject to the terms of this Agreement and Your full compliance with, and performance of, all obligations set forth in this Agreement.
6.2 The amount of commission payments to You shall be determined in accordance with the payment provisions of this Agreement, including the terms set forth at time of registration. Any and all payment and other compensation options offered by the Company are subject to change and all programs may be modified, suspended, cancelled or terminated at the Company's election.
6.3 Standard Commission Calculations. Subject to the terms of this Agreement, for "standard commission" calculations, for each person who becomes a subscriber to, or purchases qualifying services from, an authorized program website owned, controlled or operated by Company, where such person has been tracked and verified by Company as a "referral" to one or more Company websites from Your website, as the term "referral" is defined in Paragraph 6.5 below, You will be entitled to receive a referral fee or commission as set forth in the terms of this Agreement pertaining to standard commission.
6.4 Non-Standard Commission Options. The Company may from time to time, at its sole election, offer non-standard commission payment options. Subject to the terms of this Agreement, for all non-standard commissions, for each person who becomes a subscriber to, or purchases qualifying services from, a program website owned, controlled or operated by Company, where such person has been tracked and verified by Company as a "referral" to one or more Company websites from Your website, You will be entitled to receive a referral fee or commission as set forth in the terms of this Agreement pertaining to non-standard commission payment terms. Non-standard commission options may not be offered or available to all Affiliates or prospective Affiliate Program participants. All non-standard commission options shall at all times be subject to modification, suspension, discontinuation or termination, in whole or in part, at Company's sole election.
6.5 For the purposes of this Agreement a "referral" that entitles You to a commission or referral fee payment in accordance with the payment terms of this Agreement shall be defined as follows:
(i) A person who has been directed to an authorized website owned, controlled or operated by Company through the use of a hypertext transfer link residing on Your website which is in the form of a banner ad or other promotional link which automatically connects any person who clicks on said banner ad or other promotional link to an authorized Company website, and which banner ad or other promotional link has been supplied to You by Company as part of the Affiliate Program in which You are participating; and
(ii) such person, who after having been directed to an authorized Company website through the use of the hyperlink banner ad or other promotional link supplied to You by Company residing on Your Website, has been converted by the Company into a paying subscriber or purchaser of services entitling You to a commission or referral fee under this Agreement.
(iii) A person shall not be deemed a "referral" entitling You to any commission or referral fee of any kind if that person leaves the Company site after having been directed there through the hyperlink banner ad or other promotional link (which has been supplied to You by Company) on Your website, without becoming an Company subscriber or purchaser of services of a type that entitles You to a commission or referral fee, even if at some later time that same person returns to the Company website(s), not through the banner ad or other promotional link (which has been supplied to You by Company) on Your website, and at that later time becomes a subscriber to the Company site or a purchaser of services from the Company.
6.6 You acknowledge and agree that You shall not be entitled to a commission or referral fee for any Company subscriber or any other purchases of services from Company who You sent or referred to Company website(s) in violation of the terms of this Agreement, or for any Company subscriber who does not fall within the terms of paragraphs 6.5 (i) & (ii) or who is excluded under the terms of paragraph 6.5 (iii).
6.7 You also acknowledge and agree that You shall not be entitled to a commission or referral fee of any kind from Company for any subscription that Company determines is the result of possible fraudulent activity. You further acknowledge and agree that Company 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.
6.8 If You are participating in a standard commission program, You will be entitled to the program's applicable commission for as long as the referral continues to make purchases for as long as We maintain the program under which the You provided the subject referral, regardless of whether You continue to promote the program actively.
6.9 Right to Refuse Referrals. Company reserves the absolute right to deny or refuse any prospective referral and any person or entity participation in the Program. Company shall not be required to provide any reason or justification for denial of processing of a referral or denial of participation in the Program to any person or entity.
7.1 In the event that payments to Us by Our payment processors pertaining to referrals You have generated are delayed for any reason, you agree that We shall have a reasonable period of time for the receipt and processing of such payments, and for transmission of corresponding commissions or referral fee payments to You derived from said payments from Our payment processors.
9.1 You acknowledge and agree that Company shall have the right to deny or withhold payment from You and to terminate You from any and all Affiliate Programs if there has been an abnormal number of chargebacks or cancellations of memberships or subscriptions that have been referred to any of the Company's websites through, from or in association with, Your website(s) or any websites associated with You. You further acknowledge and agree that Company shall have the right, in its sole and exclusive judgment, to determine what constitutes an abnormal number of chargebacks or cancellations of memberships or subscriptions.
(i) any use of SPAM by You or a person under Your control, including, without limitation, use in direct or indirect association with Your participation in any Affiliate Program, including but not limited to means using unsolicited bulk E-mail, Instant Messages, Chatroom, Newsgroup, ICQ or IRC postings, or text messaging;
(ii) any promoting or dealing in content such as: Warez, passwords, MP3, bestiality, rape, child pornography, violence, or any other illegal activity, including any use of prohibited content in hidden meta tags, text, links, graphic(s) or any HTML;
(iii) any attempt to mislead or defraud Company in any way;
(iv) any hijacking of traffic;
(v) any providing of any incorrect or incomplete account information;
(vi) any generation of any hits or signups as a requirement to enter or obtain access to goods or services on Your (or someone else's) website;
(vii) any use of any sort of mechanism or effort that falsely generates hits or signups, including signups by You;
(viii) any violation, infringement or misappropriation of any person's or entity's copyrights, trademark rights, patent rights, rights of publicity, privacy rights or any other intellectual, personal or property right;
(ix) any cheating or defrauding of any other affiliate marketing program or its sponsor;
(x) any hosting of a website on non-adult free hosts that do not permit adult content, including, but is not limited to, Geocities, Angelire, Tripod, Xoom, CJB.net, or Hypermart;
(xi) any misrepresentation or disparagement of any of Our websites, services, programs, performers or content including but not limited to, misrepresenting the cost of membership, terms of membership, or content contained within Our website(s);
(xii) any improper exploitation of Our website Terms and Conditions, including but not limited to, instructing, informing, urging or incentivizing a person to sign up and cancel, all such actions and practices are expressly forbidden and shall not be tolerated in any way; and
(xiii) Any unauthorized modification, alteration or use of Program Materials or any of the Company's other intellectual property, including its trademarks.
15.1 You acknowledge and agree that We shall have no control or ownership interests of any kind in Your business or Your website.
15.2 You acknowledge and agree that You shall have no financial or other interest in Company or any property owned by Company, its affiliates, agents, successors or assigns.
15.3 You acknowledge and agree that Your relationship with Us shall be restricted to matters pertaining to the Program exclusively and shall be governed entirely by the terms and conditions of this Agreement.
15.4 You acknowledge and agree that We have 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 You on, at or in association with Your website except as specifically set forth in this Agreement.
15.5 You further acknowledge that neither Company nor any employee, associate, agent, assign or successor of Company 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 You shall be solely responsible for any legal liabilities or consequences resulting from Your dissemination of that content, including the Program Materials, on or through Your website.
16.1 All Affiliates, including You, are required to fully inform themselves of the provisions of the federal CAN-SPAM Act of 2003 (also known as the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003) ("CAN-SPAM Act") and must, as a condition of participation in this program, abide by all of the provisions of the CAN-SPAM Act. Any violation of the CAN-SPAM Act by an Affiliate constitutes a material breach of this Agreement and will subject that Affiliate to immediate termination from any and all Affiliate Programs.
16.2 Without limiting the generality of the previous paragraph, any of the following prohibited acts or practices by Your or any person or entity under Your direct or indirect control shall constitute a material violation of these terms and conditions and shall result in ALL of Your accounts being terminated without pay and complete forfeiture of any and all of Your accrued commissions, referral fees and other benefits prior to the termination: Any initiation of a commercial electronic mail message or a transactional or relationship message (as those terms are specifically defined in the CAN-SPAM Act) (hereafter collectively referred to as CEMMs) that contains or is accompanied by header information that is materially false or materially misleading, whereby, for the purposes of this paragraph--
(i) The header information of CEMMs that is technically accurate but that includes an originating electronic mail address, domain name, or Internet Protocol address that was obtained by means of false or fraudulent pretenses or representations shall be considered materially misleading;
(ii) A "from line that accurately describes any person who initiated the CEMM shall not be considered materially false or materially misleading; and
(iii) Header information shall be considered materially misleading if it fails identify accurately the computer used to initiate the CEMM because the person initiating the messages knowingly uses another computer to relay or retransmit the message for purposes of disguising its origin;
16.4 Any initiation of a transmission of a CEMM with actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that a subject heading of the message would be likely to mislead a recipient about a material fact regarding the subject matter of the message;
16.5 Any initiation of a transmission of a CEMM that does not contain a functioning return electronic mail address or other Internet-based mechanism, clearly and conspicuously displayed that-
(i) A recipient of the CEMM may use to submit, in a manner specified in the message, a reply electronic mail message or other form of Internet-based communication requesting not to receive future commercial electronic mail messages from that sender at the electronic mail address where the message was received; and
(ii) Remain capable of receiving such reply requests or messages from the recipient for at least 30 days after the date of the transmission of the original CEMM;
16.6 Any initiation of a transmission of a CEMM to a recipient, more than 10 business days after the receipt of a request from that recipient to stop sending such messages (however, this prohibition does not apply if there is affirmative consent by the recipient subsequent to the recipient's request not to receive such messages);
16.7 Any initiation of a transmission of a CEMM to a recipient by any person acting on behalf of the Affiliate, more than 10 business days after the receipt of a request from that recipient to stop sending such messages (however, this prohibition does not apply if there is affirmative consent by the recipient subsequent to the recipient's request not to receive such messages);
16.8 Any assistance in initiating the transmission of a CEMM by any person acting on behalf of the Affiliate assists, through the provision or selecting of addresses of recipient to which the message will be sent, to a recipient who has requested not to receive any such messages (however, this prohibition does not apply if there is affirmative consent by the recipient subsequent to the recipient's request not to receive such messages);
16.9 Any sale, leasing, exchanging or otherwise transferring or releasing of any electronic mail address of an email recipient with knowledge that the recipient has made a request to stop receiving messages, either directly or indirectly, for any purpose other than compliance with a provision of law (however, this prohibition does not apply if there is affirmative consent by the recipient subsequent to the recipient's request not to receive such messages);
16.10 Any initiation of any transmission of a CEMM unless the message provides the following:
(i) Clear and conspicuous identification that the message is an advertisement or solicitation;
(ii) Clear and conspicuous notice of the opportunity through a mechanism for a replay electronic mail message, specified in the CEMM, for the recipient to decline to receive further messages from the sender; and
(iii) A valid physical postal address of the sender;
16.11 Any accessing of another person's computer without authorization and intentional initiation of the transmission of multiple CEMMs from or through such computer;
16.12 Any accessing another person's computer to relay or retransmit multiple CEMMs with the intent to deceive or mislead recipients, or any Internet access service, as to the origin of the messages;
16.13 Any material falsification of header information in multiple CEMMs and/or intentional initiation of the transmission of such messages;
16.14 Any registration for an email account, user account or domain name using information that materially falsifies the identity of the actual registrant, and subsequent intentional initiation of the transmission of CEMMS from such accounts or domain names;
16.15 Any false representation to be the registrant, or the legitimate successor in interest of the registrant of an Internet Protocol address, and intentional initiation of the transmission of multiple CEMMs from such address; and
16.16 Any initiation of the transmission of a CEMM that includes sexually oriented material (i.e., any material that depicts sexually explicit conduct as defined in section 2256 of title 18, United States Code) to any recipient who has not given prior affirmative consent to the receipt of the message, where the CEMM
(i) Fails to include in the subject heading of the message the marks or notices prescribed by the Federal Trade Commission for such messages; or
(ii) Fails to provide that the content of the CEMM that is initially viewable to the recipient when the message is opened, includes only-
(a) the marks or notices prescribed by the Federal Trade Commission for such messages;
(b) the mechanism and information necessary to provide the recipient with the opportunity to decline to receive any further such messages from the sender; or
(c) the valid physical postal address of the sender.
18.1 Notwithstanding the foregoing express limitations of liability, You acknowledge and agree that should Company, its officers, employees, successors, or assigns be held liable to You for damages, injuries or losses of any kind, directly or indirectly resulting from Your participation in the Program, that the maximum total dollar amount of liquidated damages for any and all of Your claims, injuries, damages or losses shall not exceed a total of ten dollars ($10.00).
(i) The potential profitability or likelihood of success of Your participation in the Program as set forth in this Agreement or otherwise;
(ii) 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
(iii) 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.
19.1 You expressly acknowledge and agree that the success any of its business endeavors which involve Your participation in the Program pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of advertising and promotion, Your administrative capabilities, etc., and that the ultimate success or failure of Your business rests with You and not Company. You further expressly agree not to raise any claim of any kind against Company and You agree to hold Company and its agents, officers, directors, and employees harmless from any claim of loss to You directly or indirectly resulting from Your decision to participate in the Program pursuant to this Agreement.
24.1 You agree that Company may from time to time, in its sole and exclusive discretion, modify the quantity, type and quality of benefits provided to You hereunder either with or without notice. We may modify other terms and conditions at any time upon e-mail notice to You, by publication at the place that the Company maintains a webmaster resource area or by modification of this Agreement available at its current file location.
24.2 You agree that no modification of this Agreement by You, Your employees, representatives, agents, assigns or successors shall be enforceable of have any effect unless first reduced to writing, agreed to in writing by the Company and signed by Company's duly authorized representative.
24.3 You agree that no officer, employee or representative of You or Company has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and You acknowledge and agree that You have not executed this Agreement in reliance upon any such representation or promise.
24.4 You acknowledge and agree that the failure of Company 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.
24.5 You agree that all promises, obligations, duties and warranties made by You in this Agreement are personal to You and that neither they nor any benefits hereunder may be assigned by You to any other person or entity.
24.6 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.
25.1 You further agree that notwithstanding any judicially or statutorily created choice of law rule that would otherwise require the application of the law of some other jurisdiction, all provisions of this Agreement and all matters or controversies of any kind arising out of, or related to this Agreement or the rights or liabilities of the parties hereto shall be governed solely by the substantive statutory and common law of the state of FLORIDA.
25.2 Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally, shall be determined by binding arbitration in LOS ANGELES, CALIFORNIA, in accordance with the rules of the American Arbitration Association (the "AAA") or a similar organization if the AAA is unavailable for any reason. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of FLORIDA and the United States. The prevailing party in the arbitration proceeding shall be entitled, in addition to any other remedies, to an award of reasonable attorneys' fees.
25.3 The parties agree that the venue for all legal disputes, controversies, and actions of any kind arising under or related to this Agreement shall be Miami, FLORIDA.
31.1 Your Assent and Valid Execution By Any Reasonable Means Is The Intent By The Parties. You agree that You and Company expressly intend that You shall be deemed to have agreed to have provided your assent and agreement to enter into this Agreement, to have validly executed this Agreement, and to be bound by all its terms, conditions, duties, obligations, warranties, indemnifications and other provisions at the moment You provide Your assent to this Agreement by any reasonable means, including, without limitation, by clicking or otherwise engaging an acceptance button, icon, link, or any other communication in association with this Agreement in which the words "I agree", "I accept . . ." , "submit" or any similar terms or language appears or is otherwise associated. By providing such assent or other agreement to this Agreement or by supplying Company with information to enroll you into the Program, You are also acknowledging that You have completely read and understand this Agreement.
31.2 Broad Interpretation of Reasonably Means of Providing Assent. You also agree that You shall be deemed to have acknowledged, affirmed and agreed to all the provisions of this Agreement by using any means that may broadly be interpreted as an act of affirmation, agreement, acceptance or acknowledgement of this Agreement or any part thereof, including, without limitation:
(i) by any means set forth in Paragraph 31.1 above, including, for example, by clicking the button that is posted at the signup page indicating that You have read and agree to these Terms and Conditions;
(ii) by not opting out of an assent to this Agreement, for example by not un-checking or deactivating a checked box indicating that You accept or agree to these Terms and Conditions;
(iii) by using any Program Materials in any manner, regardless of whether such use is by You directly or indirectly through a person or entity under Your control;
(iv) by participating in the Program in any manner, including by causing the sending of any referral;
(v) by causing the sending to You or the receiving by You of one or more payments from Company or its agent(s);
(vi) by causing the sending to any person or entity under our direct or indirect control one or more payments from Company or its agent(s);
(vii) by subsequently accessing any "webmaster" area associated with the Program or other area of any Company website associated with the Program; or
(viii) by engaging in any other action that reasonably indicates Your intention to participate in the Program or Your actual participation in the Program.
Should you have any questions regarding this Terms of Service please email us at [email protected], or mail us at:
5348 Vegas Drive
Las Vegas, NV 89108