Welcome to 4Real Cash As a partner with 4Real Cash, a 4Real Media Inc. company, (hereafter the "program") you must first read and agree to all of the following terms and conditions. This is a legal agreement between 4Real Media Inc. and the company or entity that signed up for our program (hereafter "Participant"). Participant participation in the program is subject to all the terms, conditions, limitations and waivers below. Participant's acknowledge and agree that by participating in the program, will be bound by all the terms and conditions in this Agreement.
Participant's participation in the program has been initially accepted, but is subject to further review. We may revoke acceptance into the program, for any reason, and at any time if we determine that the Participant, or Participant's website is unsuitable for the program. - Preamble: The preamble is hereto correct and forms and integral part of this agreement.
- Proceeds:
- 4Real Media pays 50% on initial signups and 50% on all recurring transactions for the lifetime of the membership.
- 4Real Media also offers a pay per signup of $25 to "trusted" affiliates. Trusted status is at the sole discretion of 4Real Media and may be granted or revoked for any reason and at any time.
- 4Real Media will not pay out to new Participants through Epassporte until a trusted history has been established.
- All Epassporte Payments will be charged $10 per payment.
- 4Real Media will pay Participant on a bi weekly schedule. Minimum payout amounts will be observed.
- Marketing and Promotion:
- Prohibition on SPAM. Participant will not use any form of mass unsolicited electronic mail solicitations, news group postings, Instant Messaging or any other form of "spamming" as a means of promoting of Participant's website or for the purpose of directing or referring users to any 4Real Media Websites. If Participant is caught sending SPAM that is not in full compliance with the CAN-SPAM regulations Participant's account will be immediately terminated and any payments due will be forfeited to 4Real Media Inc. to liquidate damages.
- Participant may not compete against 4Real Media sites on toplist, or link list in which a 4Real Media site is already listed.
- Limited License and use of 4Real Media Content:
- All content provided by 4Real Media must be used in it's original form. No cropping of any images, alteration of watermarked URL, or resizing, will be allowed.
- Any web page displaying content from any 4Real Media website, or obtained through 4Real Cash must display either a banner or have a clear text link back to the 4Real Media site that the content originated from.
- Any participant found not to be in compliance with the above requirements will have its account terminated and all proceeds due will be forfeited.
- Indemnification:
- Participant hereby agree to defend, indemnify and hold 4Real Media and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, affiliates, members, and other owners, harmless against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys' fees [any or all of the foregoing hereinafter referred to as "losses"]) insofar as such losses, or actions in respect thereof, arise out of or are based on (1) any failure or breach of any representation, warranty, covenant, or agreement made by participant herein; (2) any claim related to participants site, including, without limitation, content therein not attributable to us.
- Charge Backs:
- Participants who have charge-backs of two (2%) percent or greater, or credit-backs of five (5%) percent or greater may have their account terminated. Credit-back is defined as customers who cancel their memberships and receive a credit. Charge-back is defined as a refund of payment for customers after the credit card has been processed.
- Trade names:
- Neither party may use the other party's name, trademarks, trade names or other proprietary identifying symbols without the prior written approval of the other party.
- Severability
- Should any portion, word, clause, phrase, sentence or paragraph of this Agreement be declared void or unenforceable, such portion shall be considered independent and severable from the remainder of this contract, and the remainder of the contract shall continue in full force and validity, as if unaffected.
- Termination of Agreement:
- This Agreement and/or the Program may be terminated by Administrator, in its sole and exclusive discretion, at any time, with or without prior notice or cause. Participant may voluntarily elect to terminate participation in the Program by notifying 4Real Media by submitting a support ticket with intent to terminate participation in the 4Real Cash affiliate program. If this Agreement is terminated because Participant has violated, failed to perform, or breached, any part of the terms of this Agreement, Participant will not be eligible to receive any commission or referral payments, even for commissions earned prior to the date of termination. Such commissions or payments will be retained by 4Real Media as liquidated damages.
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