AdultRealCash Terms and Conditions:
The following are the Terms and
Conditions for participation in the "AdultRealCash"
affiliate program (herein referred to as "the Program” or “we”).
As used in this agreement, “you” or “your” means the applicant/affiliate/webmaster.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ADULTREALCASH AFFILIATE
PROGRAM. BY SUBMITTING 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.
1.1 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.adultrealcash.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
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.
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"
2.5 Do not alter the linkcodes.
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 Methods of Directing Visitors to
the Program's websites
Illegal Methods of Directing
Visitors to the Program's websites herein refered to as (“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
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. Adultrealcash reserves
the right to modify the methods it considers as “Illegal advertising”
at any time.
3.7 You shall not use or employ any form of mass solicited or
unsolicited electronic mailings, newsgroup postings, IRC postings,
adware, spyware, malware marketing or any other form of "spamming"
as a means of advertising or for the purpose of directing or referring
users to any Websites owned, operated or controlled by the Program.
You further acknowledge and agree that the
Program has the right to immediately, and without notice, terminate
your participation in the Program if the Program, in its sole and
absolute discretion, concludes that You have engaged in the use of any
form of mass solicited or unsolicited electronic mail solicitations,
newsgroup postings, password selling or trading, warez, IRC posting,
adware, spyware, malware marketing or any other form of "spamming".
NOTE: the Program HAS ZERO TOLERANCE FOR SPAMMING. IF AFFILIATE SPAMS
OR SENDS SOLICITED OR UNSOLICITED EMAIL FOR THE PURPOSE OF DIRECTING
OR REFERRING USERS TO ANY WEBSITES OWNED, OPERATED OR CONTROLLED BY
THE PROGRAM, PARTICIPATION IN THE PROGRAM WILL BE TERMINATED,
AFFILIATE WILL BE BARRED FROM FUTURE PARTICIPATION IN THE PROGRAM AND
ALL FUNDS OTHERWISE DUE TO AFFILIATE WILL BE FORFEITED TO the Program.
HERE TO VIEW THE CAN-SPAM ACT.
Your duty in order to receive a
commision from the Program is to direct visitors via a webpage to the
Program's authorized websites. A commission is paid on a unique trial or
full signup 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 Signups via Credit Card, US,EU Checking Account, Dialer & SMS:
The Program pays you 50% of the gross revenues in Dollars for every
signups generated by traffic sent via your linking code during a
period. Any signups generated via an optional popup exit console are
also credited with the same 50%. All percentage payouts are calculated
before applying processing costs.
4.2 The Webmaster Referral Program pays you 5% of the revenue of
webmasters that join the Program after visiting an authorized
webmaster referral linking code.
4.3 You agree that if you are in violation of this agreement all
commissions shall be forfeited. No commission shall be paid for
signups deemed as fraudulent, at the sole and exclusive discretion of
the Program's administration.
4.4 No sale shall occur when the visitor visit the website without
going through an authorized linking code issued by the Program.
4.5 All commissions are calculated and paid in US Dollars.
4.6 The above rates are subject to change and you will be informed as
stated in the “Modifications” section of this agreement.
4.7 We use 3rd party billing companies’ stats to track and report sign ups to the Program. All sign ups are tracked and verified through 3rd party billing companies. The Webmaster is responsible for charge backs and/or refunds based off the report from 3rd party billing company.
5.1 Payouts are calculated
based on commissions received during a two week period. Commissions
are paid two weeks after the end of each two week period. A list of
payment methods availalbe can be found on this
5.2 Commissions for Period starting with the 1st of the month and
ending with the 15th of the month are paid on the 1st (or next
business day) of the following month (2 weeks after the end of the
period). Commissions for the Period starting with the 16th of the
month and ending with the last day of the month are paid on the 16th (or
next business day) of the following month (2 weeks after the end of
5.3 Commissions for a period that do not meet our minimum of $100.00
or your set minimum payout (must be over $100) will be carried voer
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 You aknowledge that there will be certain fees pertaining to
payment processing and shipping fees such as fees for wire transfers
and fees for couriered shippments according to the fee schedule posted
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.
Program on its tours.
6.5 Publishing, transferring, reassigning, disclosing, distributing,
leasing, renting or selling your account.
6.6 Breaching any of the
terms set forth in this agreement.
6.7 Your account and/or website is unsuitable for any reason.
6.8 Illegal advertising as stated in section 3. Illegal Advertising
6.9 Providing false or incomplete information during the Program's
registration process such as a false address or fraudulent banking
6.10 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
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.
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.
8.1 The Program grants a limited
nonexclusive, nontransferable 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
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.
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
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.
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 but not limited to (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; (c) or any claim related to your site or
method of directing visitors to the Program's websites; (d) any and
all claims brought by third parties arising out of the use of the
information accessed from the Program's websites.
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.
16. Trademark License
Adultrealcash hereby grants you a
nonexclusive, nontransferable, nonsublicenseable, revocable, limited
license to use Adultrealcash's websites names trademarks to identify
them on your webpages that are used to promote the websites.
You may only use the trademarks, logos, service marks, copyrighted
designs or other brand features (collectively "Adultrealcash
Marks") related to the websites' names as explicitly licensed by
Adultrealcash, and only under the terms and conditions and for the
purposes described in such License.
All products and/or services for which you use the mark licensed
hereunder shall be of a nature and quality acceptable to Adultrealcash
in its sole discretion. You shall not use or present any Adultrealcash
Marks: a) in a manner that suggests that editorial content has been
authored by, or represents the views or opinions of, Adultrealcash or
any Adultrealcash personnel or affiliate; b) in a manner that
Adultrealcash determines to be misleading, defamatory, libelous,
obscene, infringing or otherwise objectionable; c) in connection with
any material that infringes the trademark, copyright or any other
rights of any third party; or d) in a manner that infringes, derogates,
dilutes, or impairs the rights of Adultrealcash in the its marks.
Adultrealcash shall have complete discretion to evaluate your use and
to decide whether that use violates any of the foregoing restrictions.
In the event that Adultrealcash notifies you that your webpages are
not acceptable, you agree to immediately cease any and all use of the
Any use of the Adultrealcash Marks shall inure to its benefit. You
acknowledge that Adultrealcash is the owner of all of the
Adultrealcash Marks and warrant that you will not take any action
which is inconsistent with Adultrealcash's ownership thereof.
You agree to make any changes to your use of the Adultrealcash Marks
as are requested by Adultrealcash. This remedy is in addition to any
other legal remedies to which Adultrealcash may be entitled in
relation to the its marks.
Adultrealcash makes no representations and/or warranties concerning
the Adultrealcash Marks and explicitly disclaims any and all implied
warranties including any warranties of noninfringement,
merchantibility, and/or fitness for a particular purpose.
Upon the termination of this agreement, you must immediately cease any
and all use of the marks by removing them completely from your
If you have questions or comments please contact
This agreement had been updated on: August 10, 2008