the following Terms and Conditions carefully. These Terms and Conditions
define the Webmaster Program pursuant to which Suze Randall has agreed
to pay YOU to provide Web traffic to a web page or pages to be specified
by Suze Randall ("Suze Randall Target Page(s)").
1. ACCEPTANCE OF TERMS AND CONDITIONS. YOU acknowledge that YOU have read, agree to abide by, and accept these Terms and Conditions, including as they may be amended from time to time. Ignorance of these Terms and Conditions is not an excuse for any violation.
2. MODIFICATION OF TERMS AND CONDITIONS. Suze Cash reserves the right to add to, delete from, or change these Terms and Conditions at any time. ALL ADDITIONS TO, DELETIONS FROM AND CHANGES OF THESE TERMS AND CONDITIONS ARE EFFECTIVE THREE (3) CALENDAR DAYS AFTER BEING MADE, WHETHER OR NOT ACTUAL NOTICE HAS BEEN GIVEN TO YOU UNLESS NOTICE IS REQUIRED ELSEWHERE IN THESE TERMS AND CONDITIONS! YOU are responsible for reading and complying with any changes that Suze Cash may make to these Terms and Conditions from time to time.
3. ADMITTANCE / TERMINATION. Suze Cash reserves the right to deny YOU admittance into this Webmaster Program, or to terminate YOU from this Webmaster Program at any time for any reason. Also, Suze Cash may terminate this Webmaster Program at any time for any reason. Suze Cash will provide e-mail notification of denial of admittance or of termination. If Suze Cash terminates for any reason other than a violation by YOU of these Terms and Conditions, Suze Cash will pay to YOU any sums that have accrued to YOU under this Webmaster Program as of the date of termination.
4. VIOLATION OF TERMS AND CONDITIONS. Violation of any or all of these Terms and Conditions is grounds for termination and releases Suze Cash from any payment or other obligation to YOU, regardless of whether the payment or other obligation has accrued or has not. In all cases, Suze Cash shall be the sole determiner of whether a violation exists and may act on good faith suspicion alone.
5. AGE REQUIREMENT. In order to participate in this Webmaster Program, YOU must be over the age of 18 or of the legal age to view adult content in YOUR community.
6. UNITED STATES TAXES. United States residents and corporations, and foreign participants who are residents of the United States, are required to provide a completed and signed United States Department of Treasury Internal Revenue Service Form W-9 setting forth information including a United States Federal taxpayer ID Number or Social Security Number. Foreign participants who are not residents of the United States and who are not conducting a trade or business in the United States, are required to provide a completed and signed United States Department of Treasury Internal Revenue Service Form W-8BEN before any payment will be processed. Foreign participants who are not residents of the United States but who are conducting a trade or business in the United States, are required to provide a completed and signed United States Department of Treasury Internal Revenue Service Form W-8ECI before any payment will be processed.
7. PAYMENT FOR WEB TRAFFIC. Suze Cash will pay YOU for Web traffic to Suze Cash Target Page(s) from a banner or link posted on web page(s) of YOUR site(s) as follows:
7.1 YOU elect, upon YOUR initial commitment to this Webmaster Program, either to be paid a flat rate for each new membership sign-up sent from your site to Suze Cash or to be paid a percentage share of the initial sale plus any renewed sale(s) sent from your site to Suze Cash.
7.2 If YOU elect to be paid a flat rate, you will be paid Thirty United States Dollars (30 USD) per new membership sign-up sent from your site to Suze Cash.
7.3 If YOU elect to be paid a percentage share, you will be paid 50% of the initial sale and 50% of any recurring sales sent from your site to Suze Cash.
7.4 Suze Cash reserves the right to change the payout calculation at any time with three (3) days written notice to YOU.
7.5 All payments are made by check in U.S. dollars. Payments are mailed on Fridays for the Pay Period ending on the immediately preceding Sunday. Payment will only be sent if the amount due to YOU is at least $100. Payment will be carried over from week to week until the amount due to YOU is at least $100. If YOU are a foreign, non United States resident participant, YOU may request that Suze Cash withhold payment until the amount due is $300.00, $600.00 or $900.00 so as to incur lower banking fees.
7.6 YOU agree, by accepting and negotiating payment received from Suze Cash, that the payment received is payment in full for any and all advertising space and traffic for the Pay Period to which the payment applies.
7.7 Suze Cash 's log files will prevail in determining the number of Unique Hits. Suze Cash will not pay for Web traffic generated by Java Scripts, hidden IMG SRC or any other falsification of hits.
7.8 More than five (5) hits from the same IP address in one Pay Period, or more than one (1) hit from a single IP address in a single day ("Excessive Hits") will not be counted as Unique. Excessive Hits is grounds for termination of YOUR participation in this Webmaster Program as a violation of these Terms and Conditions.
8. BANNERS AND ADS.
8.1 Suze Cash will provide YOU with a selection of banners and ads for use in this Webmaster Program. YOU may NOT create banners or ads for use in this Webmaster Program, unless YOU obtain Suze Cash 's written approval of any such banners or ads prior to usage. There is no compensation for making banners or ads, and Suze Cash reserves the right to post any banners or ads you create for use by other sites.
8.2 YOU are required to post a Suze Cash banner or text link to Suze Cash on each page of your site where content provided by Suze CashCash Webmaster Program is displayed. You may post as many additional Suze Cash banners on YOUR site(s) as YOU wish.
8.3 YOU may NOT use content provided by Suze CashCash Webmaster Program to promote or direct traffic to any site other than Suze Cash or Suze Cash.
8.4 Suze Cash retains all copyright and ownership in the banners and ads provided by Suze Cash, including all images therein. During the existence of this Agreement, Suze Cash hereby grants to YOU the right to post banners and ads provided by Suze Cash on YOUR web pages, solely in order to send traffic to Suze Cash Target Page(s). Upon any termination of YOUR participation in this Webmaster Program, this grant of rights shall cease and YOU must immediately remove Suze Cash's banners and ads from YOUR web pages.
8.5 YOU are not authorized to use Suze Cash's names and/or trademarks and/or logos and/or banners and ads for any other purpose.
9. PROHIBITED ACTIVITY.
9.1 Any and all practices that could reflect negatively on Suze Cash are prohibited. All Web traffic sent to Suze Cash Target Page(s) must be voluntary and must originate from a Web page. Misleading text in connection with the banner, forced exit traffic, forced click-throughs, and blind links, are all prohibited. Postings to newsgroups, bulletin boards, clubs, or IRC postings,or other postings, with links to Suze Cash Target Page(s) are prohibited. Links from e-mail are prohibited, whether or not the e-mail constitutes unsolicted commercial e-mail (UCE), commonly known as SPAM.
9.2 YOU are prohibited from sending any Web traffic to Suze Cash Target Page(s) from any Web pages with any content, on the Web page or in its URL, that might infringe the rights of third parties, including but not limited to: warez, password selling or trading, copyright or trademark or other intellectual property infringement, privacy or right of publicity infringement, use of another's name or a variation thereof without express consent. YOU are prohibited from sending any Web traffic to Suze Cash Target Page(s) from any Web pages which violate any laws of a jurisdiction in which YOU or Suze Cash is located, or which contain or promote, in any way, the following: obscene content, child pornography, bestiality, rape, warez, password selling or trading, UCE or SPAM e-mails, copyright or trademark or other intellectual property infringements, rights of privacy or publicity infringements, use of another's name or variation thereof without express consent.
9.3 YOU are prohibited from placing Suze Cash banners or ads on a "Circle Jerk" site or sending Web Traffic to Suze Cash Target Page(s) from a "Circle Jerk" site. "Circle Jerk" is defined to include, but is not limited to, sites that hide or camouflage their entry button and/or links to their pictures, as well as any effort to hide the site's true content with the intention of tricking or encouraging browsers into clicking on banners.
9.4 YOU are prohibited from displaying Suze Cash Target Page(s) in a frame or similar device for displaying Suze Cash Target Page(s) with other advertising or content.
9.5 YOU are prohibited from using Suze Cash's names and/or trademarks and/or logos and/or banners and ads and/or other intellectual property in any unsolicited commercial e-mail (UCE), commonly known as SPAM. You are similarly prohibited from using Suze Cash's names and/or trademarks including but not limited to the names "Suze", "Suze Randall", "Suze Cash.com", "Suze Cash", or Suze.net in the url address of your site(s), or the Meta Tag Title of any pages at your site(s), or in a paid placement ad in any search engine.
9.6 If YOU engage in any PROHIBITED ACTIVITY, or in any similar activity or practice to accomplish similar results, YOUR participation in this Webmaster Program will be terminated immediately as a violation of these Terms and Conditions. Suze Cash shall be the sole determiner whether YOU have violated these Terms and Conditions.
9.7 YOU AGREE NOT TO POST OUR PHOTOS TO IMAGE HOSTS
9.8 YOU are prohibited from posting any Suze Randall content other than what is provided and distributed via SuzeCash affiliate programs. You are prohibited from taking any photos or artwork from any Suze Randall site, promotion or advertisement for use at your site.
10. WEB TRAFFIC FROM PASSWORD PROTECTED AREAS. YOU are required to provide a functional username and password to Suze Cash, upon request, for all password protected URLs from which YOU have sent Web traffic to Suze Cash Target Page(s). The username/password combination must remain functional throughout YOUR participation in this Webmaster Program.
FOR TECHNICAL PROBLEMS. Suze Cash will not be held responsible
for any loss to YOU that is caused by computer server downtime resulting
from complications with YOUR or our hosting equipment or technical
AGREEMENT. These Terms and Conditions, along with the information
provided by YOU about YOU and YOUR site(s), shall constitute the
entire agreement between YOU and Suze Cash. The date of execution
shall be the date on which YOU submit to Suze Cash all identity,
contact (address, telephone, fax, e-mail) and tax information requested
by Suze Cash.
LAW; ARBITRATION. This Agreement shall be governed by, and construed
in accordance with, the laws of the State of California, United
States, which are applicable to contracts entered into and to be
fully performed therein. Any dispute, controversy or claim relating
to this contract shall be settled by arbitration in the Cities of
Los Angeles or Culver in accordance with the rules and regulations
governing commercial arbitration promulgated by the American Arbitration
Association before a neutral arbitrator(s) (i.e., individuals who,
to the best of either party's knowledge, do not have a bias in favor
of, or against, either party) having experience in matters involving
Internet commerce. The decision of the arbitrators shall be final
and binding on the parties, and judgment upon the award rendered
by the arbitrators may be entered in any court having jurisdiction
thereof. Any arbitration award shall include attorney's fees for
the prevailing party.
LIABILITY. Notwithstanding anything to the contrary contained
herein, Suze Cash shall not, under any circumstances, be liable
to YOU for incidental, special, or punitive damages, including but
not limited to lost profits, even if apprised of the likelihood
of such damages occurring.
15. NOTICES. All notices which YOU are required hereto or may desire to give
to Suze Cash shall be in writing and shall be given either by personal
delivery (which shall include by means of overnight delivery services),
fax or e-mail or by registered or certified mail (postage prepaid),
air mail if available. Such notices shall be deemed given on the
date delivered, faxed, e-mailed, or, if mailed, on a date three
(3) business days after the date of mailing if mailed in the United
States or five (5) business days after the date of mailing if mailed
outside of the United States. Until further notice, notices given
to Suze Cash & Suze.net shall be given as follows: SuzeCash., 25575 Piuma Rd, Calabasa, CA, 91302, Fax:(818) 591-1202,
or via email. Notices given to YOU shall be given
to the contact information (address, fax, e-mail) provided by YOU
upon commiting to this Webmaster Program, or such subsequent contact
information YOU provide in writing to Suze Cash with receipt acknowledged.