Terms and conditions
The following are the Terms and Conditions for participation in the "FMSCash.com" affiliate program (herein referred to as "the Program" or "we"). As used in this agreement, "you" or "your" means the applicant/webmaster/affiliate.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ITCHDUSTRY SYSTEMS BV ( "FMSCash.com"). BY CHECKING THE CHECKBOX BY "Check box if you agree to FMSCash's terms" ON THE SIGN UP FORM & SUBMITTING YOUR INFORMATION, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU HAVE READ, ACCEPT AND ARE BOUND BY ALL OF THE TERMS, CONDITIONS, PROMISES, WARRANTIES, DUTIES AND OBLIGATIONS SET FORTH IN THIS AGREEMENT.
1. Participation
1.1 You must be at least eighteen (18) years of age or the legal age in your jurisdiction to participate in the Program.
1.2 In order to participate, you must register by submitting an application with CORRECT information via http://www.fmscash.com/. We may choose to decline your application should we find any of the information and/or your website unsuitable for any reason.
1.3 By signing up to the Program you agree that you accept to receive notices in regards to the Program as long as you are part of the Program.
1.4 The Program's administration reserves the right to refuse your participation in the Program for any reason.
2. Responsibilities & Forms of Promotion
2.1 You may use any form of promotion that does not breach the terms of this agreement.
2.2 All visitors you send to us must come from a web page. We do not allow news group postings with links to our web sites nor do we allow you to link to our web sites from the body of an email message.
2.3 All surfers sent to the Program's site(s) must be in a full size window with toolbars, location, scroll bars, etc. It must be a regular, unaltered Internet browser window.
2.4 Our sites MAY NOT be opened or loaded in a FRAME. If your site uses frames, all links to our sites must use TARGET="_top" or TARGET="_self".
2.5 Do not alter the link codes otherwise we can not log your statistics and revenues.
2.6 Do not use illegal/false advertising as specified below.
2.7 Do not attempt to defraud the Program.
2.8 You are responsible to keep your information on-file accurate for proper notifications and commission payment settlements.
2.9 You must ensure that you are not performing any actions or doing anything that may violate this agreement or that is grounds for termination as described in section 6. Termination.
3. Illegal Advertising
"Illegal Advertising" consists but is not limited to the following:
3.1 You may not advertise and/or send traffic from any site containing child pornography or material that is not compliant to 18 USC 2257. We maintain a zero tolerance policy towards anything related to child pornography and reserve the right to cooperate with law enforcement authorities in any child pornography investigations.
3.2 You may not send traffic from websites containing materials which constitute 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.
3.3 False advertising such as statements, photos, graphics, videos promising features and content that are not available by the Program's website to members is not permitted.
3.4 Advertising our products and sites to minors is not tolerated.
3.5 The Program does not accept sites and links from sites that endorse actual, implied or simulated: bestiality, obscene, rape, torture and child pornography.
3.6 You will not be paid for signups received via methods deemed as "Illegal Advertising" and sending such traffic through such methods is grounds for immediate termination. FMSCash.com reserves the right to modify the methods it considers as "Illegal advertising" at any time.
4. Commissions
Your duty in order to receive a commission from the Program is to direct visitors via a webpage to the Program's authorized websites.
A commission are only paid over full signups that occurs when a visitor views your webpage in his Internet browser, clicks on the authorized linking code issued to you by the Program, is redirected to the Program's authorized websites, enters his/her billing information, is approved and the Program receives the fee.
The Program reserves to modify the authorized linking codes at anytime, but it will however notify you in advanced of such changes in order to allow enough time to comply.
4.1 Commissions paid over your signups "Pay per signup":
The Program pays you out a fixed amount for every full signup, generated by traffic sent via your linking code during a period of a month. A qualified signup is a new member join who spends minimum $50 after registration.
4.2 Commissions paid over your signups "Revenue share":
The Program pays you out 25% revenue share over all your members spending from qualified signups you have generated. The revenue share is a lifetime payout guarantee. A qualified signup is a new member join who spends minimum $50 after registration.
4.3 Commissions paid over your signups "Combo payout (pay per signup and revenue share)":
The Program pays you out 10% revenue share over all your members spending from full signups you have generated plus $25 for each new qualified signup. The 10% revenue share is a lifetime payout guarantee. A qualified signup is a new member join who spends minimum $50 after registration.
4.4. Money Jackpot commission
"FMSCash.com" offers a "Money Jackpot" feature for its member community held per month, quarter, 6 months and per year. Winning members who were referred by an affiliating webmaster get 10% from the Jackpot price value. Click here for more information about the "Money Jackpot" and its "terms and conditions".
4.5 No sale shall occur when the visitor visit the website without going through an authorized linking code issued by the Program.
4.6 Commissions are not credited for signups or webmaster referral generated by you or someone in your organization and/or family.
4.7 All commissions are calculated and paid in US Dollars.
4.8 The above rates are subject to change and you will be informed as stated in the "Modifications" section of this agreement.
5. Payouts
5.1 Payouts are calculated based on commissions received during a bi-weekly period. Commissions are paid each two weeks. The Program using Epassporte, wire and bank transfers.
5.2 Commissions for Periods starting are from:
1st till the 15th of the month (paid out on the 18th day)
16th till the 29-30-31st of the month (paid on the 3rd day of the next month
5.3 Commissions for a period that do not meet our minimum of $100 or your set minimum payout (must be over $100) will be carried over and be credited toward the next period until such minimum is met.
5.4 If there is a discrepancy with any of your payouts, you MUST inform the Program within sixty (60) days or you are said to have waived the right to challenge the payout calculation.
5.5 The above dates are subject to change and you will be informed as stated in the 10. Modifications section of this agreement.
5.6 Our log files will prevail in determining amount of signups.
5.7 All statistics are considered UNOFFICIAL until you have received a payout confirming the amounts.
5.8 The Program does not require US tax ID numbers as payout information is not shared with US credit or tax agencies.
5.9 You acknowledge that there will be certain fees pertaining to payment processing and shipping fees such as fees for wire transfers which the Program will take for their account.
6. Termination
The Program reserves the right to terminate you based on but not limited to the following:
6.1 The signups you have sent to the Program have excessive refunds and/or chargebacks.
6.2 Sending signups deemed as fraudulent by the Program or performing any action that is deemed as an attempt to defraud the Program.
6.3 Altering the authorized linking code provided by the Program by electronic, mechanical or automated means or other technologies, currently available or which may become available in the future.
Causing the modification or substitution of the linking code on URLs belonging to or identified with accounts other than your own.
6.4 Removing or using technology to disable javascript placed by the Program on its tours.
6.5 Publishing, transferring, reassigning, disclosing, distributing, leasing, renting or selling your account.
6.6 Signing up through your own account by yourself, an associate or a person from your family or otherwise directly instructed by or related to you.
6.7 Signing up through your own account by yourself for the webmaster referral program.
6.8 Breaching any of the terms set forth in this agreement.
6.9 Your account and/or website is unsuitable for any reason.
6.10 Illegal advertising as stated in section 3. Illegal Advertising
6.11 Providing false or incomplete information during the Program's registration process such as a false address or fraudulent banking information.
6.12 If we get notified by one of our billing processors that they request your account to be terminated due to violation of their Terms of Service or due to sales deemed as fraudulent by the particular processor.
Either you or we may terminate this agreement at any time, with or without cause, by giving the other party notice of termination. To terminate your account contact support. Notice by e-mail, to your e-mail address in our records, is considered sufficient notice for us to terminate this agreement.
If this agreement is terminated because you have violated the terms of this agreement you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination.
If this agreement is terminated for any other reason, you are eligible to be paid for the commission on sales occurring up to the date of termination of this agreement.
We reserve the right to withhold your final payment for 60 days to ensure that the correct amount is paid and none of the signups were fraudulent. You must meet the minimum payout of $100 in order to have a payment issued to you in any circumstance.
We reserve to cancel the Program at anytime.
7. Availability
The Program will not be held liable for any loss due to server downtime, network downtime, packet loss, net traffic problems, acts of God, acts of war, riot, fire, flood, or other disaster, acts of government, strike, lock-out, communication line or power failures, failure, inoperability or destruction of the Site or its components.
The Program shall do everything in its power to maintain the highest standard of availability of its system.
8. Copyright
8.1 The Program grants a limited nonexclusive, non-transferable and revocable license to use the Program and the websites/products' trademark names, service marks, logos, and to access, download and use promotional banner hypertext links, video, sound, photo content and any other form of intellectual property provided by the Program, on your website(s) for the exclusive purpose of advertising, marketing or promoting ONLY the websites and products of the Program; however, the license herein granted shall automatically and immediately cease upon the termination or breach of any term in this agreement.
8.2 You may not may not copy, reproduce, alter, modify, change, broadcast, distribute, transmit, disseminate, sell or offer for sale the materials, in any manner, anywhere in the world, without the express written consent of the Program.
8.3 You are not allowed to remove, obstruct or make any change to the watermarks on the promotional materials, photographs, screenshots and videos.
9. Confidentiality
Any modifications to the terms and provisions of this agreement made specifically for you or your website and not generally available to other webmasters, shall be deemed as confidential.
You agree not to disclose any confidential information and that such confidential information shall remain secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose, except to the extent that any such information is generally known or available to the public or if disclosure is required by law or legal process.
10. Modification
The Program reserves the right to modify any part of this agreement at anytime without prior notice. Upon modification, you will be informed by email, writing or by an informational text on the Program's website.
Should you choose to not accept the amendments, the only action you can take is to terminate your account and have all outstanding commission paid to you.
Continued participation in the Program and/or no action shall mean that you have accepted the modifications to the agreement. All modifications shall become active 48 hours after the modifications and notice have been completed.
11. Relationship of Parties
You and the Program 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 have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site(s) or otherwise, that reasonably would contradict anything in this Section.
You are not an agent of the Program and the Program expressly disclaims responsibility for any conduct by you in violation of the terms of this agreement.
12. Representation & Warranties
You hereby represent, warrant and covenant 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.
You further represent, warrant and covenant that the execution, delivery and performance by you of this agreement is within your legal capacity and power, has been: (1) duly authorized by all requisite actions taken on your part; (2) does not require the approval or consent of any other individuals or entities; (3) does not violate nor constitute a default under any provision of law, rule, regulation, order, judgment, or decree to which you are subject or which is binding upon you; and (4) does not violate the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or similar entity provide the Program with notice that you have engaged in unlawful conduct , the Program reserves the right to cooperate in any investigation relating to your activities, including the disclosure of your account information in connection therewith.
13. Indemnification
You hereby agree to indemnify, defend and hold harmless the Program, its shareholders, subsidiaries, 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.
14. Limitation of Liability
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this agreement or the Program, even if we have been advised of the possibility of such damages.
Further, our aggregate liability arising with respect to this agreement and the Program will not exceed the total commissions paid or payable to you under this agreement.
15. Miscellaneous
Terminated accounts cannot later apply to the Program without our express written consent. This agreement will be governed by the laws of The British Virgin Islands, without reference to rules governing choice of laws.
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 in the Courts of Netherlands, and you hereby submit to the jurisdiction and venue of such courts.
If you have questions or comments please contact us.
This agreement had been updated on: Tuesday, December 22nd, 2009
