|
Spam
Policy:
HotHardCash accepts no e-mail promotion OF ANY KIND
WHATSOEVER. Any traffic from email will result in immediate
account cancellation and forfeiture of all monies.
- You may use any
banner in our banner area. We recommend using big,
descriptive text links above and below our banners to
increase your hits.
- You may use any
text link as long as it is a proper description of our site.
HotHardCash features beautiful, sexy, legal women. These
are the features you should promote in your text links.
- You may not place
banners or text links on ANY page that contains actual or
simulated depictions of bestia1ity or chi1d pornography.
Additionally, you may not place our banners or link from
pages which contain advertisements for bestiality or child
pornography. We will not partner with webmasters who break
the law! This policy exists to protect you, ourselves and all
of our valued partners.
- You may not force
visitors to our page via any mechanism which acts as an
automatic transport, such as "meta refresh" and "forced exit"
scripts. You are welcome to use consoles, popups, or any
method which displays our banners or text links and allows
the visitor to choose to visit our sites.
- HotHardCash
reserves the right to terminate webmasters from the Hot Hard
Cash Affiliate program for unproductive traffic.
- HotHardCash
reserves the right to terminate inactive accounts.
- Any webmaster found
cheating HotHardCash will be terminated immediately without
pay. We will also actively pursue any and all legal actions
available to recover any amounts previously paid.
- You must be 18 or
21 years of age, depending on your local jurisdiction, to
participate in the program.
Cage Entertainment, Inc.
operates the HotHardCash Affiliate Program, through which
independent owner-operators of Internet web sites ("Agent") are
granted the non-exclusive right to direct visitors to their
Internet services (the "referrals") to one or more Internet
services designated by Cage Entertainment, Inc., hereafter Cage
Entertainment, Inc. shall pay Agent a commission for each
independent bona-fide member signup delivered to our site,
through a mechanism known as an Internet "hypertext transfer"
link and PHP/FI reference coding. The appearance and syntax of
the hypertext transfer link and reference coding are designed
and designated by Cage Entertainment, Inc. and CC Bill and
constitute the only authorized and permitted representation of
the Cage Entertainment, Inc. site(s). Payment shall be made
each week by ccBill. Agent must strictly follow technical
guidelines for the HotHardCash program in order to earn
commissions. Termination of this Agreement
is at will, and may be effected by either party at any time.
Article 1: Relationship
1.1. Agency Appointment.
Cage Entertainment, Inc. hereby grants Agent the non-exclusive
right to direct visitors to their services to one or more
Internet services designated by Cage Entertainment, Inc., in
accordance with the terms and conditions of this Agreement.
This Agreement does not grant Agent an exclusive right or
privilege to assist Cage Entertainment, Inc. in the
solicitation of orders arising from Agent's referrals, and Cage
Entertainment, Inc. may contract with and obtain the assistance
from others at any time to perform services of the same or
similar nature as specified herein. Agent shall have no claims
to commissions or other compensation on business secured by or
through persons or entities other than Agent. In connection
with such solicitations and referrals, Agent a.) shall not
misrepresent the Cage Entertainment, Inc. Member Site(s) or
otherwise make any claims, representations, or warranties in
connection with the Cage Entertainment, Inc. Member Site(s)
other than as expressly authorized by Cage Entertainment, Inc.,
and b.) shall have no authority to, and shall not, bind Cage
Entertainment, Inc. to any obligations, except as may be
expressly set forth herein to the contrary or as otherwise
agreed to and approved in advance by Cage Entertainment, Inc..
Notwithstanding the above, or anything to the contrary in this
Agreement, Agent shall neither sell nor promote Cage
Entertainment, Inc. Member Site(s) without the express prior
written consent of Cage Entertainment, Inc..
Nothing in this Agreement nor any conduct of either party shall
be deemed to constitute an employment relationship.
Article 2: Payment.
Cage Entertainment, Inc. will pay Agent a commission for each
independent bona-fide member signup delivered to a Cage
Entertainment, Inc. Destination Site, through a Banner and/or
hypertext link. The commission paid to Agent for each signup
may change from time to time. Agent should review the home page
of the HotHardCash.com web site at least once per week for
the current commission rates per signup and for any other
changes to the Cage Entertainment, Inc. Affiliate Program,
including but not limited to the technical guidelines. All
Agent are deemed on actual notice for any item posted on the
HotHardCash.com web site at the time of such posting
regardless of whether or not Agent have actually accessed such
information. CCBill.com will pay affiliates on behalf of Cage Entertainment, Inc., in United States dollars for all commissions earned
for the prior period. CCCBill.com will track the
commissions earned per Agent in accordance with the technical
guidelines. Cage Entertainment, Inc. may, at its absolute discretion, decide not to pay any
commission to any Agent should Cage Entertainment, Inc. believe
that any referral has been made in violation of the technical
guidelines. Cage Entertainment, Inc. reserves the right to
withhold any commission for any referral that was made in
violation of the technical guidelines. It is the Agent's sole
and absolute duty to follow precisely the technical guidelines
at all times. Cage Entertainment, Inc. is under no obligation
whatsoever to pay any commission to any Agent who does not
strictly follow the technical guidelines, as modified from time
to time.
Article 3: License.
3.1. Cage Entertainment, Inc. hereby grants to Agent a
non-exclusive, non-transferable license, during the term of
this Agreement, to use the hypertext transfer links
(hereinafter "Banner(s)") solely in connection with the
marketing, advertisement, and promotion of the Cage
Entertainment, Inc. Member Site(s). Agent's use of the Banners
will at all times be subject to the prior written approval of
Cage Entertainment, Inc., which shall not be unreasonably
withheld or delayed. Agent shall comply with all guidelines
provided by Cage Entertainment, Inc. with respect to the
graphic reproduction, appearance, and "look and feel" related
to the marketing and representation of the Banner(s) and the
Cage Entertainment, Inc. Member Site(s). This license cannot be
sub-licensed, assigned or otherwise transferred by Agent to any
third Person or Entity without the express prior written
consent of Cage Entertainment, Inc.. The license granted by
Cage Entertainment, Inc. to Agent hereunder shall automatically
and immediately terminate upon any termination of this
Agreement. Any unauthorized use of the Cage Entertainment, Inc.
Banner(s) and / or Cage Entertainment, Inc. Member Site(s) will
be cause for immediate termination of this Agreement.
3.2. The license granted to Agent herein is subject to the
reservation in Cage Entertainment, Inc. of all right, title,
and interest in and to the Cage Entertainment, Inc. Banner(s)
and Cage Entertainment, Inc. Member Site(s). The Banner(s) and
Cage Entertainment, Inc. Member Site(s) are the valid and
exclusive property of Cage Entertainment, Inc., and Agent's
right to use the Banner(s) and Cage Entertainment, Inc. Member
Site(s) is limited to and arises only out of the license
granted hereunder. Agent shall not assert the invalidity,
unenforceability, or contest the ownership by Cage
Entertainment, Inc. of the Banner(s) and Cage Entertainment,
Inc. Member Site(s) in any action or proceeding of whatever
kind or nature, and shall not take any action that may
prejudice Cage Entertainment, Inc.'s rights in the marks,
render the same generic, or otherwise weaken their validity or
diminish their associated goodwill.
3.3. Agent
may not use HotHardCash.com promotional materials
(galleries/content/freesites etc). to promote other adult sites
in any way whatsoever.
Article 4: Representations, Warranties, and Covenants.
4.1. (a) Agent is duly organized, validly existing, and in good
standing under the laws of the state or country of Agent's
origin; (b) Agent has all requisite power and authority to
enter into this Agreement and to carry out and perform its
obligations under the terms of this Agreement; (c) Agent is an
adult at least eighteen (18) years of age; (d) this Agreement
has been duly authorized, executed, and delivered by Agent and
is a valid and binding obligation of Agent enforceable in
accordance with its terms; and (e) the execution, delivery, and
performance of and compliance with this Agreement does not and
will not conflict with, or constitute a default under, or
result in the creation of, any mortgage, pledge, lien,
encumbrance or charge upon any of the properties or assets of
Agent, nor result in any violation of (i) any term of Agent's
governing documents, (ii) in any material respect, any term or
provision of any mortgage, indenture, contract, agreement,
instrument, judgment or decree, or (iii) to the best of Agent's
knowledge, any order, status, rule or regulation applicable to
Agent, the violation of which would have a material adverse
effect on Agent's business or properties.
Article 5: Disclaimer of Warranties and Limitation of Liability
5.1. Cage Entertainment, Inc. makes no warranties, either
express or implied, concerning the performance or functionality
of the Cage Entertainment, Inc. Affiliate Program, including
but not limited to the Banner(s) or any Cage Entertainment,
Inc. Destination Site, and hereby expressly disclaims all
implied warranties, including warranties of merchantability or
fitness for a particular use or purpose. Under no circumstances
shall Cage Entertainment, Inc. be liable to Agent or any other
Person or Entity, including, without limitation, subscribers,
for any loss, injury, or damage, of whatever kind or nature,
resulting from or arising out of any mistakes, errors,
omissions, delays, or interruptions in the receipt,
transmission, or storage of any messages or information arising
out of or in connection with the Cage Entertainment, Inc.
Affiliate Program or any Cage Entertainment, Inc. Destination
Site. Without limiting the generality of the foregoing, Cage
Entertainment, Inc. shall in no event be liable to agent or any
other person, including, without limitation, subscribers, for
indirect, incidental, or special damages, lost profits, lost
savings, or any other form of consequential damages, regardless
of the form of action, even if Cage Entertainment, Inc. has
been advised of the possibility of such damages, whether
resulting from breach of its obligations under this agreement
or otherwise.
5.2. Cage Entertainment, Inc. makes no warranties as to any
Cage Entertainment, Inc. Affiliate Program services furnished,
provided, or sold to Agent hereunder, including, without
limitation, any implied warranties of merchantability or
fitness for a particular use or purpose.
Article 6: Term and Termination.
6.1. The term of this Agreement shall be continuous, unless and
until either party notifies the other in writing, with at least
24 hours advance notice, that such party desires to terminate
the Agreement, in which case this Agreement may be terminated
immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER
PARTY. For purposes of notification of termination, delivery
via e-mail is considered a written and immediate form of
notification.
6.2. Upon any termination of this Agreement, Agent and Cage
Entertainment, Inc. will be released from all obligations and
liabilities to the other occurring or arising after the date of
such termination or the transactions contemplated hereby,
except with respect to those obligations which by their nature
are designed to survive termination as provided herein;
provided that no such termination will relieve Agent from any
liability arising from any breach of this Agreement occurring
prior to termination.
6.3. Upon termination of this Agreement, (i) Cage
Entertainment, Inc.'s acceptance of referrals obtained through
Agent shall not constitute a continuation or renewal of this
Agreement or a waiver of such termination, (ii) Agent shall be
entitled only to those unpaid commissions, if any, earned by
Agent on or prior to the date of termination; (iii) Agent shall
in no event be entitled to commissions with respect to any
amount of referrals delivered after the date of termination,
irrespective of whether any service order, contract, or
commitment relating thereto was entered into prior to the date
of termination; (iv) all rights and licenses of Agent hereunder
shall immediately terminate; and (v) Agent shall return to Cage
Entertainment, Inc. any confidential information, and all
copies thereof, in its possession, custody and control and will
cease all uses of any trade names, trademarks, service marks,
logos and other designations of Cage Entertainment, Inc. and
the Cage Entertainment, Inc. Affiliate Program.
Article 7: Indemnity.
7.1. Agent shall defend, indemnify, and hold Cage
Entertainment, Inc., its directors, officers, employees, and
representatives harmless from and against any and all
liabilities, losses, damages, and costs, including reasonable
attorneys' fees, resulting from, arising out of, or in any way
connected with (a) any breach by Agent of any warranty,
representation, or agreement contained herein, (b) the
performance of Agent's duties and obligations hereunder, (c)
the negligence of Agent, (d) any injury (including death) to
persons or damages to property caused directly or indirectly by
the negligent or intentional acts or omissions of Agent, or (e)
the unauthorized use of any Cage Entertainment, Inc.
intellectual property, including but not limited to the
Banner(s); the Cage Entertainment, Inc. Member Site(s), and or
any part of the Cage Entertainment, Inc. Affiliate Program.
Article 8: Confidential Information.
8.1. Agent acknowledges that, during the term of this
Agreement, it may be entrusted with Confidential Information
relating to the business, operations, or underlying technology
of Cage Entertainment, Inc. and / or the Cage Entertainment,
Inc. Affiliate Program. Agent shall provide care to avoid
disclosure or unauthorized use of the Confidential Information
to any other Person or Entity. Agent shall not use the
Confidential Information for purposes other than those
necessary to further the purposes of this Agreement. Agent
shall not disclose the Confidential Information to third
persons or outside parties without the prior written consent of
Cage Entertainment, Inc. Should Agent be required under
applicable law, rule or regulation, or pursuant to the order of
any court or governmental entity of legal process of any
governmental entity of competent jurisdiction to disclose
Confidential Information in its possession, custody or control,
Agent shall: (a) give at least thirty (30) days prior written
notice of such disclosure to Cage Entertainment, Inc.; (b) use
its best efforts to limit such disclosure; and (c) make such
disclosure only to the extent so required. Agent's obligations
hereunder with respect to Confidential Information shall
survive the expiration or earlier termination of this
Agreement.
Article 9: Miscellaneous.
9.1. Assign ability: Agent shall not assign or delegate its
obligations under this Agreement, either in whole or in part,
without the prior written consent of Cage Entertainment, Inc.
Any attempted assignment in violation of the provisions of this
provision will be void. This Agreement is not intended to and
shall not be construed to provide any rights, remedies or
benefits to or for any person or entity not a Party to this
Agreement.
9.2. Severability: If any provision of this Agreement, or the
application thereof to any Person or circumstance, shall be
held invalid or unenforceable under any applicable law, such
invalidity or unenforceability shall not affect any other
provision of this Agreement that can be given effect without
the invalid or unenforceable provision, or the application of
such provision to other Persons or circumstances, and, to this
end, the provisions hereof are severable.
9.3. Non-Waiver: No delay or failure by Cage Entertainment,
Inc. in exercising any right under this Agreement, and no
partial or single exercise of that right, shall constitute a
waiver of that or any other right.
9.4. Remedies: The rights and remedies of Cage Entertainment,
Inc. hereunder shall not be mutually exclusive, i.e., the
exercise of one or more of the provisions hereof shall not
preclude the exercise of any other provision hereof. Agent
acknowledges, confirms, and agrees that damages may be
inadequate for a breach or a threatened breach of this
Agreement and, in the event of a breach or threatened breach of
any provision hereof, the respective rights and obligations
hereunder shall be unenforceable by specific performance,
injunction, or other equitable remedy. Nothing contained in
this Agreement shall limit or affect any rights at law or
otherwise of Cage Entertainment, Inc. for a breach or
threatened breach of any provision hereof, it being the intent
of this provision to make clear that the respective rights and
obligations of Cage Entertainment, Inc. shall be enforceable in
equity as well as at law or otherwise.
9.5. Interpretation: This Agreement shall not be construed or
interpreted in favor or against Cage Entertainment, Inc. or
Agent on the basis of draftsmanship or preparation of the
Agreement.
9.6. Headings: The headings, captions, and other typographical
formatting used in this Agreement are used for convenience only
and are not to be considered in construing or interpreting this
Agreement.
9.7. Execution and Acceptance: By creating an account with the
Cage Entertainment, Inc. Affiliate Program, Agent executes,
accepts, enters into, and becomes party to this Agreement. At
such point, Cage Entertainment, Inc. simultaneously and
automatically becomes counter-party to this Agreement. The
Effective Date of such Agreement is the day on which Agent
creates such account in the Cage Entertainment, Inc. Affiliate
Program.
9.8. Governing Law: This Agreement shall be governed by and
interpreted in accordance with the domestic laws of the State
of California within the United States of America. Agent agrees
to submit to the personal jurisdiction of the State of
California within the United States of America. All suits,
proceedings or actions relating to this Agreement shall be
commenced in and adjudicated by a court in the State of
California.
9.9. Entire Agreement: Together with the technical guidelines,
this Agreement constitutes the entire agreement between the
Parties. No prior or contemporaneous written or oral
representation form a part of this Agreement, and this
Agreement supersedes all prior oral or written agreements
between the Parties relating to the subject matter of this
Agreement.
9.10. Modification: No amendment, modification or supplement to
this Agreement shall be effective unless it is posted by an
authorized representative of Cage Entertainment, Inc. at the
HotHardCash.com web site.
9.11. Attorneys' Fees: In the event any party shall commence
formal legal action to interpret and/or enforce the terms of
this Agreement, the prevailing party in any such action or
proceeding shall be entitled to recover, in addition to all
other available relief, its reasonable attorneys' fees and
costs incurred in connection therewith.
|