Affiliates Terms and Conditions
This agreement describes the entire terms and conditions for participation in the My Gay Cash Affiliate Program.
In this agreement, the term "Webmaster" refers to you (the applicant), and "sponsoring Web site" refers to the Web site from which you will link the My Gay Cash’s sites.
Wherever the agreement refers to "you" or "your", it means "the Webmaster"; "we" or "our" refers to the My Gay Cash site. A "Registered User" is defined as a consumer who clicks the
Logo Box (banner or text link) on your Web page, is connected to the My Gay Cash’s sites, and completes the registration questionnaire. A "Subscribed User" is defined as a
consumer who subscribes as a paying member.
Privacy of the Associate Account:
In order to join the Affiliate Program, you will need to provide certain information. All information will be held in strict confidence and will not be provided to any third parties except as
required by law. You are expected to provide accurate information otherwise we reserve the right to cancel your subscription.
Enrollment in this Program:
To begin the enrolment process, you will submit a completed application through our website http://www.My Gay Cash.com. We will evaluate your application in good faith and will
notify you of your acceptance or rejection. We will reject your application if we determine that you have provided inaccurate or incomplete signup information, determine that you are
under 18 years of age (21 in some jurisdictions) or determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images
or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in p
romoting copyright infringement (collectively, Content Restrictions). Again, you must be at least eighteen (18) years of age (or older if legal age of majority is more than 18) to participate
in this Program.
My Gay Cash Sites Referral Fee Percentage:
You will earn 50% of gross revenue ( revenue minus bank fees) as a referral fee from new Member subscriptions that have been referred via your affiliate link(s). Gross revenue only
includes cash collected via valid credit card, cheque or money order or other means and does not include sales tax charges. In the event of the subscriber renewing his/her premium
membership you will earn a further 50% for each renewal of the gross revenue of this transaction whilst your affiliate account is active.
Referral Fee Payment:
My Gay Cash will send a referral fee cheque for the applicable referral fee (less any taxes required to be withheld under applicable law) to the Webmaster every two weeks if the total amount
of the referral fees is equal to or greater than $200.00. If the amount owed you is less than $200.00 then your balance will be carried forward to the next period or until the total sum of your
referrals is equal to or greater than $200.00 or upon the termination, by you or My Gay Cash, in the program. Payments will be in US money. All payments are subject to an 8 week lead time to
protect us against fraud, refunds and charge-backs. This is a stipulation of our payment processing company.
If you require payment via an electronic method, we will proceed with the use of this method after the first payment made to you by cheque has been cashed in.
Subscription Payment Processing:
My Gay Cash will be solely responsible for processing every subscription order placed by a customer. Subscription orders will be accepted via the My Gay Cash online ordering process which
utilises Verotel and Epoch payment servers. Payment processing, renewal payment processing, cancellations and refund processing, and related customer service are all the responsibility of
My Gay Cash. All of the rules, operating procedures and policies of My Gay Cash regarding customer subscriptions will apply to all subscription orders via our affiliates and to all affiliates.
My Gay Cash reserves the right to reject any subscription order that does not comply with our rules, operating procedures and policies.
Tracking of Subscription Sales:
My Gay Cash will be solely responsible for tracking subscription sales. Statements of subscription sales activity are provided to the Webmaster through the affiliate centre pages.
To protect My Gay Cash customer privacy, the names or other personal information about specific customers will not be provided to the Webmaster.
Time Limitations For Depositing Associate Cheques: Webmasters are required to cash or deposit any cheque from My Gay Cash within ninety (90) days of the date the cheque was issued.
My Gay Cash is not required to re-issue payment for associate cheques older than ninety (90) days.
Lost, Stolen, Or Destroyed Cheques:
It is the responsibility of the associate to request in writing a reissue of lost, stolen or destroyed cheques within the ninety (90) day period outlined above. The request must include as much
information about the dates and earnings in question as possible, including the Affiliate ID of the account and to whom the cheque was issued. Email requests are sufficient. Reissued cheques are held to
the same ninety (90) day expiration rules. My Gay Cash may receive returned cheques because the mailing address provided by the associate is incorrect or insufficient. In these cases, we will contact the
associate upon receipt of the returned cheque. It is the responsibility of the associate to respond and correct the information as necessary. After thirty (30) days without a reply from the associate
regarding the issue, the cheque will become void and My Gay Cash will not be required to re-issue payment and all payments will become null and void, and the associate account will be terminated..
Copyrighted material:
As the Webmaster, you are solely responsible for ensuring that your logo and preamble text obey all applicable copyright and other laws.
You must have express permission to use another party's copyrighted material. My Gay Cash will not be responsible if you use another party's copyrighted material in violation of the law.
My Gay Cash policy applies to all orders: Every customer who buys a subscription through this program is deemed to be a customer of My Gay Cash. The Webmaster does not have the authority
to make or accept any offer on behalf of My Gay Cash. All My Gay Cash policies regarding customer orders, including pricing and problem resolution, will apply to these customers. My Gay Cash
is not responsible for any representations made by the Webmaster which contradict our policies.As the Webmaster, you are solely responsible for ensuring that your logo and preamble text obey
all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. My Gay Cash will not be responsible if you use another party's copyrighted
material in violation of the law.
My Gay Cash policy applies to all orders: Every customer who buys a subscription through this program is deemed to be a customer of My Gay Cash. The Webmaster does not have the authority to
make or accept any offer on behalf of My Gay Cash. All My Gay Cash policies regarding customer orders, including pricing and problem resolution, will apply to these customers. My Gay Cash is not
responsible for any representations made by the Webmaster which contradict our policies.
Spamming Policy:
Spamming is any form of unsolicited advertising through email, newsgroups, IRC posts, and/or instant messaging clients. Any SPAM complaint regarding a My Gay Cash Affiliate is cause
for immediate termination. This is a very serious matter. DO NOT send email to anyone you do not have prior business relationship with the e-mail recipient, including but not limited to having
obtained their e-mail address through a verifiable opt-in procedure.
My Gay Cash in no way participates in mass unsolicited emailing (i.e. spamming), and all Webmasters are expected to adhere to this policy as well. Violation of this policy will result in the
termination of this contract and immediate dismissal from the My Gay Cash Affiliate Program.
To comply with the new US Federal Law, CAN-SPAM Act of 2003 My Gay Cash will strictly enforce the following policy effective midnight, December 31, 2003. We do not allow Webmasters to market
websites under this program through the transmission of unsolicited bulk e-mails, therefore it is extremely important that any mass e-mailings by you conform to our policies. Moreover, you need
to be aware of the fact that many service providers have their own standards and policies when it comes to mass mailings to their customers/members and you must comply with these policies as well:
AOL Unsolicited Bulk E-mail Policy .
As determined by CAN-SPAM Act of 2003 E-MAIL CONTENT any Email sent promoting My Gay Cash can only have "Softcore" images in the body of the message. No penetration or explicit frontal nudity will
be allowed. The following representations are strictly forbidden.
- Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
- Bestiality
- Masturbation
- Sadistic or masochistic abuse
- Lascivious exhibition of the genitals or pubic area of any person
All Email addresses must be OPT-IN, you must have a prior business relationship with the e-mail recipient, including but not limited to having obtained their e-mail address through a
verifiable opt-in procedure. We require you to maintain electronic records upon request you, the affiliate, must provide My Gay Cash with original IP and recipients name, physical address
(if possible) and where you originally collected the Email address from.
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 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 heading information:
Header information must be technically accurate, which includes an originating email address, domain name, or Internet Protocol address. The `from" line must accurately identify the person who
initiated the message, and should not be false or misleading.
No deceptive subject lines:
Any Email promoting My Gay Cash must have an "SEXUALLY-EXPLICIT:" warning in the subject line. Starting May 19, 2004 sexually explicit e-mail will have to bear a label reading "SEXUALLY-EXPLICIT:"
and the messages themselves will not be allowed to contain graphic material, according to new Federal Trade Commission rules. Sender must EXCLUDE from the subject heading any sexually explicit words
or visual depictions. This is also the case for the ?initially viewable area.? of the email.
No deceptive delivery methods:
We strictly prohibit you from transmitting e-mail that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing
("counterfeit e-mail"). We also strictly prohibit you from transmitting e-mail that is relayed from any third party?s mail servers without the permission of that third party, or which
employs similar techniques to hide or obscure the source of the e-mail. Do NOT do this.
Web Site service interruption:
My Gay Cash will make every effort to keep its Web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Webmaster
agrees not to My Gay Cash liable for any of the consequences of such interruptions.
Term of the Agreement:
The Webmaster may receive referral fee payments on orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by My Gay Cash,
and shall end when cancelled by either party as provided below. Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the subscriptions
are not refunded. Payment of the final referral fee payment to the Webmaster may be withheld for a reasonable time in order to ensure that the correct amount is paid.
The agreement may be modified:
My Gay Cash reserves the right to change any of the terms and conditions in this agreement, at any time and at its sole discretion, by posting a new agreement on our Web site. Without limiting
the generality of the foregoing, referral fee schedules and all other provisions of this agreement are subject to change without notice other than posting such information on our Web site.
Cancellation of this agreement:
Either My Gay Cash or the Webmaster, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.
Warranty Disclaimer:
My Gay Cash makes no warranties, representations or conditions with regard to the program or, except as expressly set forth My Gay Cash then current sales policies, any subscriptions sold there under,
whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied
warranty arising out of course of performance, course of dealing or usage of trade.
Limitation of Damages:
My Gay Cash shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program,
even if My Gay Cash has been advised of the possibility of such damages. Further, My Gay Cash aggregates liability arising under or with respect to this agreement or the program shall in no event
exceed the total referral fees paid or payable by My Gay Cash to Webmaster under this agreement.
Miscellaneous:
Webmaster and My Gay Cash are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative
or employment relationship between the parties. Webmaster shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of My Gay Cash. Subject to the
foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. Governing Law: This Agreement
shall be governed and construed pursuant to the laws of the Province of Quebec, Canada. Any dispute arising hereunder shall be resolved by binding arbitration before one (1) arbitrator in Montreal,
Quebec, Canada. .
Branding:
If My Gay Cash approves your request to use any My Gay Cash trademarks, logos, web pages, screen shots, or other distinctive features ("My Gay Cash’s Brands"), you agree to be
bound by the following terms and conditions (the "Agreement").
You agree to comply with the Guidelines for Third Party Use of My Gay Cash Brand Features. So long as you do so, and provided that My Gay Cash expressly approves your permission request,
My Gay Cash grants you a non-transferable, non-exclusive, royalty-free limited license to use the My Gay Cash’s Brand Features set forth in your corresponding Permission Request Form for the
sole purpose and only for the materials set forth therein. Any use of the My Gay Cash Brand Features must be accompanied by a notice that clearly indicates that the My Gay Cash Brand Features are
trademarks or distinctive brand features of My Gay Cash Inc.
My Gay Cash reserves the right in its sole discretion to terminate or modify your permission to display the My Gay Cash Brand Features and to take action against any use that does not conform to
these terms and conditions, infringes any My Gay Cash intellectual property or other right, or violates applicable law.
