Webmaster Terms and Conditions
You hereby acknowledge and agree that by participating
in the Chop's Cash Affiliate Webmaster Partnership Program, you
will be bound by all the terms and conditions in this Agreement.
Subject to the terms and conditions set forth in this Agreement
by Chop On The Lake Productions, we grant to you the following:
- The
nonexclusive right to direct, refers, or sends visitors or users
of your website to any and all websites owned, operated, or
controlled by Chop On The Lake Productions.
- A
limited nonexclusive, nontransferable, and revocable license
to access and download promotional banners and other promotional
materials created by Chop On The Lake Productions for use on
your website, for the exclusive purpose of advertising, marketing
or promoting websites owned, controlled and/or operated by you,
as Webmaster. However,
this license shall automatically and immediately cease upon
the termination of this Agreement.
In consideration for Chop On The Lake Productions
providing you with Chop's Cash Affiliate Webmaster Partnership Program
benefits, you, as Webmaster, agree and guarantee the following:
- That
you will at no time while participating in the Chop's Cash Affiliate
Webmaster Partnership Program, or while using any materials
provided to you by Chop On The Lake Productions, directly or
indirectly display or include on your website, any banners or
advertising links of any kind which promote any Chop On The
Lake Productions sites, other than those banners or ad links
which have been pre-approved by Chop On The Lake Productions
in compliance with this Agreement, and those banners or ad links
that advertise Chop On The Lake Productions or other sites,
companies, products or other wide area network addresses, which
Chop On The Lake Productions may designate.
- That
you will not use any form of mass, unsolicited electronic mail
solicitations, news group postings, IRC postings, or any other
form of spamming as a means of promoting your website, or for
the purpose of directing or referring users to any websites
owned, operated or controlled by you. You further acknowledge
and agree that Chop On The Lake Productions has the right to
immediately, and without notice, terminate your participation
in the Chop's Cash Affiliate Webmaster Partnership Program if
Chop On The Lake Productions, in our sole and exclusive discretion,
concludes that you have engaged in the use of any form of mass,
unsolicited electronic mail solicitations, news group postings,
password selling or trading, IRC posting or any other form of
spamming.
- That
you will not copy, reproduce, alter, modify, change, broadcast,
distribute, transmit, or disseminate any banners or other promotional
or advertising materials provided to you, as Webmaster, by Chop
On The Lake Productions pursuant to this Agreement and the Chop's
Cash Affiliate Webmaster Partnership Program, in whole or in
part, in any manner, at any time anywhere in the World except
as authorized by Chop On The Lake Productions in writing.
- That
you will not, directly or indirectly, link any of the following
content or material to any Chop On The Lake Productions website
through any hyperlinks maintained or created on your website:
- Obscene
material, including without limitation any material depicting
bestiality, rape or torture.
- Any
material, which is displayed or transmitted in a way as to
constitute harmful matter or indecent communications to minors.
- Any
material in which persons under the age of eighteen are depicted
in actual, simulated or suggestive sexual situations.
- Any
material not fully in compliance with 18 U.S.C. Sec. 2257
et seq.
- Any
material which constitutes child pornography or any matter
which involves depictions of nudity or sexuality by a performer
who does not appear to be of the appropriate age (i.e. someone
who looks younger than 18 years of age), or by a performer
who is portrayed or made to appear to be, a person under eighteen
(18) years of age by virtue of the script, make-up, demeanor,
costuming, setting, etc, of such material.
- Any
material, which is threatening, abusive, hateful, defamatory,
libelous, slanderous, scandalous or injurious to the reputation
of any person or entity.
- Any
material which constitutes 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
any other rights.
- Any
program, file, data stream, or other material which contains
viruses, worms, "Trojan Horses," or any other destructive
feature, regardless of whether or not damage is intended,
which may cause damage to any computer equipment, loss or
corruption of data or programs, or inconvenience to any person.
- That
all materials of every kind, including, but not limited to,
photographic, video- graphic, audio and textual materials used
in direct or indirect association with materials provided through
the Chop's Cash Affiliate Webmaster Partnership Program, shall
only be transmitted, broadcasted and otherwise distributed by
you, as Webmaster, to willing adults and shall at all times
comply with contemporary community standards in the communities
into which they are so distributed.
- That
you shall remain a participant of the Chop's Cash Affiliate
Webmaster Partnership Program unless you terminate participation
in the program by notifying Chop On The Lake Productions by
E-mail at admin@choponthelake.com, of your intent to terminate;
or your participation in the Chop's Cash Affiliate Webmaster
Partnership Program is terminated by Chop On The Lake Productions
for any reason; or the Chop's Cash Affiliate Webmaster Partnership
Program itself is terminated for any reason.
- That
you will remain a Chop's Cash Affiliate Webmaster Partnership
Program participant in good standing at all times in which you
are receiving benefits or are otherwise participating in the
Chop's Cash Affiliate Webmaster Partnership Program.
- That
you shall cease to be a Chop's Cash Affiliate Webmaster Partnership
Program participant in good standing and shall be subject to
immediate termination of all Benefits without prior notice if
you fail to perform under, or breach, any part of this Agreement.
- That
if your participation in the Chop's Cash Affiliate Webmaster
Partnership Program is terminated for any reason, you cease
to be a Chop's Cash Affiliate Webmaster Partnership Program
participant in good standing, you change your website's URL,
or you cease to offer services on the Internet, you shall immediately
and permanently cease all use of any and all materials provided
to you by Chop On The Lake Productions through the Chop's Cash
Affiliate Webmaster Partnership Program and you shall remove
all files containing materials provided to you pursuant to the
Chop's Cash Affiliate Webmaster Partnership Program from your
website.
- That
you are a person over the age of eighteen (18) years.
- That
you are the person who owns, or is otherwise entitled, to contract
on behalf of the entity, which owns the rights to the your website.
- That
you will supply Chop On The Lake Productions with a Federal
Tax ID or Social Security Number when requested. Failure to
supply this information will constitute a basis for termination
of this Agreement and for forfeiture of any commissions and/or
fees to which you would otherwise be entitled under this Agreement.
- That
upon termination of this Agreement you will immediately cease
using Chop On The Lake Productions marks and remove any materials
supplied to you or which refer to Chop On The Lake Productions,
including, but not limited to, any banner ads, from your website.
- That
all of your warranties, indemnities and obligations, as Webmaster,
which by their nature are designed to survive termination, shall
extend beyond the termination of this Agreement.
You acknowledge and agree that your participation
in, and benefits from, the Chop's Cash Affiliate Webmaster Partnership
Program are subject to the following limitations:
- Only
persons over the age of eighteen (18) years may participate
in the Chop's Cash Affiliate Webmaster Partnership Program.
- Chop
On The Lake Productions shall at all times have the right, in
its sole and exclusive discretion, to terminate the Chop's Cash
Affiliate Webmaster Partnership Program and any and all benefits
relating to your participation in the Chop's Cash Affiliate
Webmaster Partnership Program at any time, and may do so with
or without prior notice or cause.
- Chop
On The Lake Productions, in its sole and exclusive discretion,
shall have the right at any time to change or modify the Chop's
Cash Affiliate Webmaster Partnership Program, including, but
not limited to, the right to pay Participants in the Chop's
Cash Affiliate Webmaster Partnership Program based on "click
through" rather than a flat commission or fee for a referral,
as defined in paragraph 4(a). If at any time Chop On The Lake
Productions changes the Chop's Cash Affiliate Webmaster Partnership
Program, you shall have the right to withdraw and terminate
your participation in the Chop's Cash Affiliate Webmaster Partnership
Program.
- Chop
On The Lake Productions has the right to terminate your participation
and any other person's participation in the Chop's Cash Affiliate
Webmaster Partnership Program at any time, and may do so with
or without prior notice or cause.
- Chop's
Cash Affiliate Webmaster Partnership Program Benefits are not
transferable by you and may only be used by you in association
with your website, while you are participating in the Chop's
Cash Affiliate Webmaster Partnership Program and remain a Participant
in good standing.
- All
of Chop's Cash Affiliate Webmaster Partnership Program materials,
including, but not limited to, all advertising banners, photographic
materials, recordings, video, sound, and any other form of intellectual
property provided to you as part of this Chop's Cash Affiliate
Webmaster Partnership Program, shall remain the property of
Chop On The Lake Productions and may not be copied, reproduced,
altered, modified, changed, broadcast, transmitted, distributed,
sold, or offered for sale in any manner, at any time anywhere
in the World except as expressly authorized by Chop On The Lake
Productions in writing.
- The
Chop's Cash Affiliate Webmaster Partnership Program is a service
mark or trademark of Chop On The Lake Productions. All rights
are reserved. Nothing herein shall be understood as a grant
or assignment of any rights in any intellectual property owned,
including, but not limited to, any of its trademarks or service
marks.
- Chop
On The Lake Productions does not accept responsibility for traffic
loss due to server complications.
For each person who becomes a subscriber to a website
owned, controlled, or operated by Chop On The Lake Productions,
and who has been tracked and verified as a "referral"
from your website to a Chop On The Lake Productions website, you
will receive a "referral fee" according to the following
terms and conditions:
- A
"referral" from your website, which entitles you to
a "referral fee," shall be defined as follows:
- Any
person who has been directed to an authorized website owned,
controlled, or operated by Chop On The Lake Productions through
the use of a hypertext transfer link residing on your website,
which is in the form of a banner ad or other promotional link
that automatically connects any person who clicks on said
banner ad or other promotional link to an Chop On The Lake
Productions website.
Furthermore, said banner ads and/ or other promotional
links used, must have been supplied to you as part of the
Chop's Cash Affiliate Webmaster Partnership Program.
- Any
person, who after having been directed to an authorized Chop
On The Lake Productions website through the use of the hyperlink
banner ad or other promotional link supplied to you and residing
on your website, has been converted into a subscriber of Chop
On The Lake Productions.
- You
acknowledge and agree that you shall not be entitled to a commission
or referral fee for any Chop On The Lake Productions subscriber
who you sent or referred to a Chop On The Lake Productions website
in violation of the terms of this Agreement.
- You
also acknowledge and agree that you shall not be entitled to
a commission or referral fee from Chop On The Lake Productions
for any subscription, which Chop On The Lake Productions, in
its sole and exclusive discretion determines, is the result
of possible fraudulent activity. You further acknowledge and
agree that Chop On The Lake Productions shall have the right,
in its sole and exclusive discretion, and at any time, to expand
or modify what it determines to constitute possible fraudulent
activity. Without limiting the foregoing, possible fraudulent
activity shall include, but not be limited to, the following
circumstances or activities:
- Where
the subscriber has used, or attempts to use, a credit card
number, which is in a negative database.
- Where
there are multiple subscriptions from a single IP address
within a short period of time.
- Where
there are sequential or multiple subscriptions under different
names or variations of the same name, using the same credit
card number, or sequential names or patterns of names, using
different credit card numbers.
- Where
there is a pattern of "bursting subscriptions" characterized
by numerous subscriptions from a website in a relatively short
time span (the "bursting period"), where there has
been a history of few subscriptions from that website before,
or after the bursting period.
- Where
there has been an attempt to put through a credit card with
a pin number that is listed in a negative bin number database.
- Where
there have been sequential or multiple attempts to register
or subscribe from a credit card, using the same pin number
and sequential or multiple number strings to complete the
credit card number.
- You
acknowledge and agree that Chop On The Lake Productions shall
have the right to deny or withhold payment from you and terminate
you and your website from the Chop's Cash Affiliate Webmaster
Partnership Program if there has been an abnormal number of
charge backs or cancellations of memberships or subscriptions,
which have been referred to Chop On The Lake Productions through
your website. You further acknowledge and agree that Chop On
The Lake Productions shall have the right, in its sole and exclusive
discretion, to determine what constitutes an abnormal number
of charge backs or cancellations of memberships or subscriptions.
- All
commissions and referral fees due and payable hereunder shall
be payable in United States currency and shall survive termination
of this Agreement.
- Chop
On The Lake Productions reserves the right, in its sole and
exclusive discretion, and at any time, to alter or modify the
Chop's Cash Affiliate Webmaster Partnership Program including
the method and terms of all payment benefits to Participants.
Upon notice of any change in benefits under the Chop's Cash
Affiliate Webmaster Partnership Program, you shall have the
right to withdraw or terminate your participation in the Chop's
Cash Affiliate Webmaster Partnership Program.
Nothing in this Agreement is intended by Chop On
The Lake Productions or you, as the Webmaster of your website, to
create or constitute a joint or collaborative venture or partnership
of any kind between you, and/or your website, and Chop On The Lake
Productions, nor shall anything in this Agreement be construed as
constituting or creating any agency, employment relationship, joint
or collaborative venture or partnership between you, and/or your
website, and Chop On The Lake Productions, its employees, agents,
successors, or assigns. You acknowledge and agree:
- That
Chop On The Lake Productions shall have no control or ownership
interests of any kind in your business or your website.
- Neither
you nor your website shall have any financial or other interest
in Chop On The Lake Productions or any property owned by, its
affiliates, agents, successors, or assigns.
- That
your relationship with Chop On The Lake Productions shall be
restricted to matters pertaining to the Chop's Cash Affiliate
Webmaster Partnership Program exclusively, and shall be governed
entirely by the terms and conditions of this Agreement.
- That
Chop On The Lake Productions has no direct or indirect control
over the content of performances or services, the manner of
performances or services, or the time or duration of provision
of performances or services by you on, at, or in association
with your website, except as specifically set forth in this
Agreement.
- That
neither Chop On The Lake Productions nor any employee, associate,
agent, assign or successor of Chop On The Lake Productions shall
exert or provide any direct or indirect control over, monitoring
of, supervision of, prior approval of, or review of, the content
appearing or otherwise distributed on, at, or in association
with your website, and that you shall be solely responsible
for any legal liabilities or consequences resulting from the
dissemination of that content on or through your website.
You acknowledge and agree that Chop On The Lake Productions
makes no guaranties or warranties of any kind with respect to the
Chop's Cash Affiliate Webmaster Partnership Program or materials
provided by, through or in association with, the Chop's Cash Affiliate
Webmaster Partnership Program, and all materials are provided to
you "as is", and any use of Chop's Cash Affiliate Webmaster
Partnership Program and any associated materials, is solely at your
own risk, as Webmaster for your website. Chop On The Lake Productions
disclaims all warranties, either express or implied including, but
not limited to, express or implied warranties of merchantability
and fitness for a particular purpose, with regard to the Chop's
Cash Affiliate Webmaster Partnership Program and any and all materials
of every kind supplied to you as part of this Chop's Cash Affiliate
Webmaster Partnership Program. You acknowledge and agree that under
no circumstances shall Chop On The Lake Productions, its employees,
independent contractors, authors, agents, representatives, assigns
and successors be liable to you, or any other person or entity,
for any direct or indirect losses, injuries or incidental or consequential
damages of any kind (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) with regard to any link
to any Chop On The Lake Productions website, or arising from, or
in connection with, the use of the Chop's Cash Affiliate Webmaster
Partnership Program materials, or due to any mistakes, omissions,
delays, errors, or interruptions in the transmission or receipt
of Chop On The Lake Productions' services, content or Chop's Cash
Partnership Program materials, including, but not limited
to, any losses due to server problems or due to incorrect placement
of any HTML coding. Notwithstanding the foregoing express limitations
of liability, you acknowledge and agree that should Chop On The
Lake Productions, its officers, employees, successors, or assigns
be held liable to you for damages, injuries or losses of any kind,
directly or indirectly resulting from your participation in the
Chop's Cash Affiliate Webmaster Partnership Program, that the total
dollar amount of liquidated damages for any and all of your claims,
injuries, damages or losses shall not exceed a total amount of ten
dollars ($10.00). You hereby confirm and acknowledge that you have
unilaterally decided to enter an Internet service business and acknowledge
that it is a high-risk business. You further confirm, acknowledge
and expressly agree that neither Chop On The Lake Productions, nor
any agent or representative of Chop On The Lake Productions, nor
any other person has, at any time in the past, represented to you,
as Webmaster, or otherwise directly or indirectly communicated in
any manner to you, any guarantee, reassurance or any other communication
of any kind regarding the potential profitability or likelihood
of success of your participation in the Chop's Cash Affiliate Webmaster
Partnership Program as set forth in this Agreement or otherwise.
There is no possibility or likelihood that use of any products
and/or services provided pursuant to this Agreement can or will
result in the refunding of any funds expended by you for the promotion
of your website or for any other purpose. Chop On The Lake Productions
makes no representations as to the existence, nonexistence, size
or any other characteristics of any market for any products or services,
which involve your participation in the Chop's Cash Affiliate Webmaster
Partnership Program pursuant to this Agreement. You expressly acknowledge
and agree that the success of any of your business endeavors which
involve your participation in the Chop's Cash Affiliate Webmaster
Partnership Program pursuant to this Agreement, like any other business
endeavor, is subject to numerous factors, such as the effectiveness
of advertising and promotion, your administrative capabilities,
etc., and that the ultimate success or failure of your business
rests with you and not Chop On The Lake Productions. You further
expressly agree not to raise any claim of any kind against Chop
On The Lake Productions with regard to the Chop's Cash Affiliate
Webmaster Partnership Program and you agree to hold Chop On The
Lake Productions harmless from any claim of loss to you directly
or indirectly resulting from your decision to participate in the
Chop's Cash Affiliate Webmaster Partnership Program pursuant to
this Agreement. Chop On The Lake Productions shall not monitor,
supervise, review, or be responsible for any content appearing or
otherwise distributed on, at, or in association with your website
except for that content which is supplied to you by Chop On The
Lake Productions, provided that said content has not be altered
or modified by you or any other party. You acknowledge and agree
that this Agreement is at will, and this Agreement and/or the Chop's
Cash Affiliate Webmaster Partnership Program may be terminated,
in the sole and exclusive discretion Chop On The Lake Productions,
At any time, without any advance notice, and for whatever reason.
In the event that this Agreement or the Chop's Cash Affiliate
Webmaster Partnership Program is terminated, you shall be entitled
to all unpaid commissions or referral fees earned by you prior to
the date and hour of termination. However, you shall not be entitled
to receive any commissions or referral fees for any "referrals"
delivered or received after the date and time of termination. This
Agreement constitutes the entire agreement between you and Chop
On The Lake Productions with respect to the subject matter hereof,
and supersedes and cancels all other prior agreements, discussion,
or representations, whether written or oral. You acknowledge and
agree that Chop On The Lake Productions may, from time to time and
in its sole and exclusive discretion, modify the terms and conditions
and the type and quality of benefits provided to you hereunder,
at any time upon e-mail notice to you or by a posting at a Chop
On The Lake Productions information web address location. You acknowledge
and agree that no modification of this Agreement by you, your employees,
representatives, agents, assigns or successors shall be enforceable
or have any effect unless first reduced to writing and duly signed
by an authorized representative of Chop On The Lake Productions.
You acknowledge and agree that no officer, employee or representative
of you, your website, or Chop On The Lake Productions has any authority
to make any representation or promise in connection with this Agreement
or the subject matter thereof, which is not contained expressly
in this Agreement. Furthermore,
you acknowledge and agree that you have not executed this Agreement
in reliance upon any such representation or promise. You acknowledge
and agree that the failure of Chop On The Lake Productions to enforce
any of the specific provisions of this Agreement shall not preclude
any other or further enforcement of such provision's or the exercise
of any other right hereunder. You acknowledge and agree that all
promises, obligations, duties and warranties made by you in this
Agreement are personal to you and that neither they, nor any benefits
hereunder, may be assigned by you to any other person or entity.
You acknowledge and agree that Chop On The Lake Productions may
at any time, and without prior notice to you, freely assign all
or part of its duties, obligations and benefits hereunder. Any and
all disputes as to the interpretation of, or any performance under,
this Agreement that are not first resolved informally, shall be
determined by binding arbitration in Jackson, Mississippi in accordance
with the rules of the American Arbitration Association. The final
award in any such arbitration proceeding shall be subject to entry
of a judgment by any court of competent jurisdiction within Mississippi,
provided that such judgment does not conflict with the terms and
provisions hereof. The jurisdiction of the arbiter (or arbiters)
with respect to legal matters shall be limited only by the statutory
and common law of the State of Mississippi and the United States.
This Agreement is executed in Mississippi and all its provisions
shall be governed by and construed according to the laws and judicial
decisions of the State of Mississippi and the United States when
applicable. In case any of the provisions contained in this Agreement
shall, for any reason be held to be invalid, illegal or unenforceable
in any respect, such invalidity, illegality or unenforceability
shall not affect any other provision(s) hereof, and this Agreement
shall be construed as if such invalid, illegal or unenforceable
provision's had never been included. The invalidity or unenforceability
of any provision(s) of this Agreement shall not affect the validity
or enforceability of any other provision. For purposes of construction
of this Agreement, you and Chop On The Lake Productions shall be
deemed to have mutually drafted this Agreement and every provision
thereof. You acknowledge and agree that nothing herein and no statement
by Chop On The Lake Productions or any employee, representative,
agent or other person associated with Chop On The Lake Productions,
has in any way prevented or inhibited you in any way from seeking
such advice prior to entering into this Agreement. You hereby acknowledge
and agree that the terms of this Agreement are reasonable and fair,
that all terms have been fully disclosed in writing, and you have
been given a reasonable chance to seek advice of independent counsel
with respect to this Agreement and all transactions associated herewith.
By clicking on the "Submit" button on the Sign-Up Page,
and by supplying Chop On The Lake Productions with all the required
information to sign-up you, and your website, for the Chop's Cash
Affiliate Webmaster Partnership Program, you are acknowledging that
you agree to all of the terms, conditions, promises, warranties,
duties and obligations set forth in this Agreement herein.
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©2006
Chop On The Lake Productions All Rights Reserved
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