By signing up as an affiliate, you certify that you have read and agree to these Terms & Conditions. The terms herein serve as a legally binding agreement (Agreement) between you (You, Your) and the owner of www.kt-so.com. (Company) 1) Terms of Agreement By registering for www.kt-so.com (sponsored by CCBill), you agree to adhere to the terms and conditions set forth herein. This legal agreement shall last until you or Company terminates your account. You understand that the prices, services, information, and resources offered by Company are subject to change without notice. Your failure to comply in full with the Terms and Conditions herein will result in the suspension or termination of your account, including the forfeiture of your payment balance, at Company's sole discretion. Company reserves the right to suspend, cancel, and/or terminate your account at any time without prior notice. Failure to comply with the Terms herein may lead to such action. Company reserves the right to terminate this Agreement by ending the IconsCash program, subject to a 30 (thirty) day advance notice. 2) Registration You must be over the age of 18 (21 in some areas) to register for and use the www.kt-so.com affiliate program. You affirm that all information provided upon registration is truthful and accurate. If there is any change in the information, you must immediately update it. 3) Limited License for Promotional Materials Company authorizes you to use specified promotional content solely for the purpose of promoting Company's websites, products, and services. Such content is owned under U.S. and international copyright law solely by Company. This is a LIMITED agreement and is not to be construed as a partial or complete transfer, sale, licensing, distribution, or forfeiture of copyright ownership. Company reserves the right to retract Affiliate's privileges to use Company-owned content at any time. Content covered by this includes but is not limited to: Brand or domain names (i.e. www.kt-so.com), logos, web banners, code, text, photos, videos, model statistics / trivia / interviews, galleries, color schemes, typography, website layouts, graphics. Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicenseable and revocable right and license to (i) direct, refer and otherwise send visitors to or users of your website (as identified in your completed signup form) to one or more specified websites owned, operated or controlled by Company, and (ii) access, copy and store the hyper-links, promotional banners, photographs and other promotional materials made available to you by Company on IconsCash.com exclusively for your use pursuant to the terms and conditions herein and solely in connection with your participation in the Program ("Authorized Promotional Materials"). YOU HAVE NO RIGHTS IN OR TO, AND MAY NOT USE, ANY COMPANY-RELATED TRADEMARKS, PHOTOGRAPHS OR OTHER CONTENT OR MATERIALS EXCEPT THOSE MADE AVAILABLE TO YOU UNDER THE FOREGOING LIMITED LICENSE. ALL USE OF AUTHORIZED PROMOTIONAL MATERIALS HEREUNDER SHALL INURE TO THE BENEFIT OF COMPANY AND SHALL NOT CREATE ANY RIGHTS, TITLE OR INTEREST IN THEM FOR YOU. COMPANY RESERVES ALL RIGHT, TITLE AND INTEREST IN AND TO SUCH MARKS AND MATERIALS WORLDWIDE. THIS LICENSE WILL TERMINATE IMMEDIATELY AND AUTOMATICALLY UPON TERMINATION OF THIS AGREEMENT AND YOU WILL BE REQUIRED TO CEASE ALL USE OF ANY COMPANY TRADEMARKS, CONTENT, PHOTOGRAPHS OR MATERIALS. 4) Linking and Promotional Policies By registering as an affiliate, you agree to comply with the following policies: i. You are responsible for the accurate and honest depiction of Company's websites and products. You are also responsible for the correct and accurate use of the proper code to link to Company's websites. ii. If you portray Company or Company's websites or products in an inaccurate, demeaning, fraudulent, or false manner, your account is subject to termination, at Company's sole discretion. Misleading, hidden, blind, or camouflaged links of any kind are NOT allowed. iii. You may open a SINGLE new browser window or frame when a link or button is clicked. Multiple browsers, frames, pop-ups, consoles, loops ("circle jerks"), or repeating versions thereof are NOT allowed. iv. Exit traffic (sending users to a site/page after they hit the "Back" or "Close" buttons in a browser) is strictly prohibited. v. Blind links (links with hidden or misleading destinations) or misleading / fraudulent window status bar changes are NOT allowed. vi. You may not engage in illegal and/or unsolicited distribution of promotional media. This includes but is not limited to electronic mail, bulletin boards, forums, mail, telephone marketing, pop-up ads, dialers, redirects, spyware, adware, malicious or invasive code or programs. vii. E-MAIL MARKETING MUST NOT INCLUDE UNSOLICITED E-MAILS. ANY AND ALL E-MAIL MARKETING MUST BE COMPLIANT WITH THE CAN-SPAM ACT OF 2003-2004. E-mail marketing is also subject to the policies of individual e-mail providers, such as AOL or Yahoo. It is your responsibility to understand and comply with such policies. All e-mail recipients MUST have affirmatively consented to receiving promotional e-mails from you. Your e-mails MUST include directions for opting out (unsubscribing) of your e-mail list. Opt-outs must occur immediately and permanently. viii. You may not register or create domains, or e-mail addresses that include any trademark or domain owned by Company, nor anything similar enough to be reasonably confused for a Company-owned trademark. ix. You may not own, operate, or publish websites or other media containing, referring to, or linking to illegal or inappropriate material, including but not limited to content involving minors, hate crimes or propaganda, violence, beastiality, rape, incest, warez, or pirated music / media. Doing so is a direct violation of this Agreement and subjects your account to immediate termination by Company, at Company's sole discretion. Compliance with all of the above is required. Again, if you fail to comply with the terms of this Agreement, Company reserves the right to terminate or suspend your account at Company's sole discretion, without prior notice. Suspension or termination includes your forfeiture of any payment or compensation due. 5) Payment and Compensation You earn a 50% commission of all referred initial sales, plus a 50% commission of all rebills, for the entire life of the referred membership. All sales figures are
tracked directly by CCBill.com. You my use your login to track
traffic and sales figures at any time, at: You are responsible for the reporting and payment of all applicable taxes. Disputes over payment and the calculation thereof must be directed to CCBill. AGAIN, Company and CCBill are NOT responsible for incorrect affiliate link code! 6) Modification Company may 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 the e-mail address we have on record for you, or the posting on thewww.kt-so.com website 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 IconsCash rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement by notifying Company in writing. Your continued participation in the Program, following Company's posting of a change notice or new agreement on our site, will constitute binding acceptance of the change. 7) Relationship of Parties You and Company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on Company's behalf. You are not an agent of the Company or any other party in connection with IconsCash and Company. Company expressly disclaims responsibility for any conduct by you in violation of our terms of agreement. 8) Indemnification and Release of Liability Company is not liable
for damage, loss, injury, or claims resulting from: Company's aggregate liability arising with respect to this Agreement and th ewww.kt-so.com affiliate program will not exceed the total commissions paid or payable to you under this Agreement. You are solely responsible for your website. If you promote Company websites in password-protected areas, you agree to provide Company with a valid password for the entire duration of this Agreement. You are not Company's agent nor that of our sponsors, and neither Company nor Company's sponsors shall have any responsibility for the development, operation, hosting and maintenance of your site or for any materials that appear on your site. You are solely responsible for ensuring that materials posted on your Affiliate Site are not libelous or otherwise illegal, and ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257 and the rights of any third party, including copyrights, trademarks, privacy, or other personal or proprietary rights. You must have express permission to use another party's copyrighted or other proprietary material. You hereby agree to indemnify, defend and hold harmless Company, its shareholders, officers, directors, employees, agents, affiliates, sponsors, 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 Company (collectively the "Losses"), insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) the breach of any promise, covenant, representation or warranty made by you herein; or (ii) your performance under this Agreement, participation in the IconsCash program, promotion of Company websites, or operation of your Affiliate Site.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY REGISTERING AS AN AFFILIATE OF COMPANY AT www.kt-so.com, YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN, AND ARE INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT, AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF. |