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Terms and Condtions of Pregnant Obsession Referral Program
A. You will earn 50% per signup and 50% per rebill for as long as the member has the account, less 1/2 of the cost of all CCBill processing Fees.
B. We do not accept accounts from: Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croatia, Czech Republic, Estonia, Georgia, Hong Kong, Hungary, India, Indonesia, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Korea (North and South), Kyrgyzstan, Latvia, Lithuania, Macedonia, Malaysia, Moldova, Pakistan, Philippines, Poland, Romania, Russia, Singapore, Slovakia, Slovenia, Syria, Taiwan, Tajikistan, Thailand, Trinidad, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, Venezuela, and Yugoslavia; We will NOT mail payments to these countries.
C. Email marketing (spamming) is strictly prohibited!
D. Your account must generate a minimum of $25 in order for a check to be issued. If your amount is less it is carried over each week until you have accumulated $25 or more.
E. Checks will be mailed once a week from CCBill, as long as you have earned $25.00 that week.
F. You may use Banners and Text Links. Banners must be served from 'your' server.
G. Sites containing: Warez, Passwords, MP3, Bestiality, Rape, Child Pornography or any acts of violence will be terminated immediately.
Before you can become a participant in the Pregnant Obsession signup referral program ("Program") you must first read and agree to all of the following terms and conditions. Please read the following CAREFULLY. This is a legal agreement ("Agreement") between Pregnant Obsession. ("Pregnant Obsession" "we," or "us") and You, the independent Webmaster.
The following offer to You to participate in the Program is subject to all the terms, conditions, limitations and waivers below. You acknowledge and agree that by participating in Program You will be bound by all the terms and conditions in this Agreement.
1. Rights Granted To You By Us. Subject to the terms and conditions set forth in this Agreement by Us, We grant to You, the following:
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1.1 The non-exclusive right to direct, refer or send visitors or user traffic from Your Website to websites owned, operated or controlled by Pregnant Obsession. The participating Website currently is SexyVelvet.com, with more to be added at a later date.
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1.2 A limited nonexclusive, nontransferable and revocable license to access and download promotional banners for use on Your Website for the exclusive purpose of advertising, marketing or promoting the participating Pregnant Obsession Websites; however, the license herein granted shall automatically and immediately cease upon the termination of this Agreement.
2. Your Warranties To Us. In consideration of Pregnant Obsession providing You with Program benefits, You agree and warrant as follows:
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2.1 That You will not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC and ICQ posting, Chatrooms, Instant Messages or any other form of "spamming" as a means of promoting Your Website or for the purpose of directing or referring users to any participating Pregnant Obsession Websites. You further acknowledge and agree that We have the right to immediately, and without notice, terminate Your participation in the Program if We, in our sole and exclusive judgement, conclude that You have engaged in the use of any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of "spamming".
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2.2 That You will prominently post an "ADULTS ONLY" Warning Notice on Your Site stating that Your site is only suitable for Adults and that minors are not permitted.
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2.3 That You will not, directly or indirectly, link any of the following content or material to any participating Pregnant Obsession Website through any hyperlinks maintained or created on Your Website, and that You further acknowledge that any violation of these following provisions will rest in ALL of Your accounts being terminated without pay:
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(i) Any material not fully in compliance with 18 U.S.C. Sec. 2257 et seq.;
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(ii) Any material which constitutes child pornography or matter which involves depictions of nudity or sexuality by an age inappropriate-looking performer (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 the age of 18 years of age by virtue of the script, make-up, demeanor, costuming, setting, etc;
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(iii) Any material which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;
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(iv) 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 other rights.
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2.4 That You will not engage in any of the following activities and you acknowledge that any violation of these provisions will rest in ALL of your accounts being terminated without pay:
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(i) Promote or contain content of: Warez, Passwords, MP3, Bestiality, Rape, Child Pornography or any acts of violence.
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(ii) Attempt to mislead or defraud us in any way;
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(iii) Hits or signups generated as a requirement to enter or obtain access to goods or services on your (or someone else's) web site;
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(iv) Any sort of mechanism or effort that falsely generates hits or signups, including signups by the webmaster. If you wish to perform a test signup you must first E-mail
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(v) New accounts from Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croatia, Czech Republic, Estonia, Georgia, Hong Kong, Hungary, India, Indonesia, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Korea (North and South), Kyrgyzstan, Latvia, Lithuania, Macedonia, Malaysia, Moldova, Pakistan, Philippines, Poland, Romania, Russia, Singapore, Slovakia, Slovenia, Syria, Taiwan, Tajikistan, Thailand, Trinidad, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, Venezuela, and Yugoslavia;
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2.5 That you must serve any Pregnant Obsession banners only from your own server, if you violate this provision Your account will be terminated and you will not be entitled to any future payments.
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2.6 That if Your participation in the Program is terminated for any reason, You cease to participate in the Program for more than five (5) days, You cease to be a 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 all materials provided to You by Us through the Program and that you will remove all files containing materials provided to You pursuant to the Program from Your Website.
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2.7 That You are a person over the age of eighteen (18) years in states where 18 is the age of majority, or 21 in states where 21 is the age of majority, and that you are competent to enter into this Agreement.
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2.8 That You are the person who owns or is otherwise is entitled to contract on behalf of the entity which owns the rights to the Your Website.
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2.9 That you will supply Pregnant Obsession, or its authorized agent, with a Federal Tax ID or Social Security Number when requested.
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2.10 That upon termination of this Agreement you will immediately cease using Pregnant Obsession marks and remove any materials supplied to you by Pregnant Obsession or referring to Pregnant Obsession, including without limitation any banner ads, from Your Website.
3. Limitations Of Your Participation In The Program. You acknowledge and agree that the Program, Your participation in the Program and Program Benefits are subject to the following limitations:
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3.1 Pregnant Obsession, in its sole and exclusive discretion, shall have the absolute right at any time without prior notice or cause to change, modify or terminate the Program;
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3.2 Pregnant Obsession, in its sole and exclusive discretion, shall have the absolute right to terminate Your's and any other person's participation in the Program at any time and may do so without prior notice or cause;
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3.3 All Program Benefits materials, including, without limitation, all advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property provided to You by Pregnant Obsession as part of this Program shall remain the property of Pregnant Obsession and may not be copied or reproduced, altered, modified or changed, broadcast, distributed, transmitted or disseminated, sold or offered for sale in any manner, at any time anywhere in the World except as expressly authorized by Pregnant Obsession in writing;
4. Affiliate Program Benefits. . Pregnant Obsession agrees to pay a commission or referral fee for all the "signups" that you refer to a Participating Pregnant Obsession Website based on a rate of 50% per valid signup.
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4.1 A "referral" of "signup" from Your Website which will entitle You to a "commission or referral fee" shall be defined as follows:
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(i) A person who has been directed to a participating Pregnant Obsession Websites directly by CLICKING a hypertext transfer link residing on Your Website which is in the form of a "banner ad" which automatically connects any person who clicks on said "banner ad" to a participating Pregnant Obsession Website, and which "banner ad" has been supplied to You by Pregnant Obsession as part of the Program. You are also free to make your own banners to promote Pregnant Obsession sites, as long as they are not misleading.
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4.2 You acknowledge and agree that You shall not be entitled to a commission or referral fee for any "signup" you have sent or referred to a participating Pregnant Obsession Website in violation of the terms of this Agreement, or for any click-through traffic that does not fall within the terms of paragraphs 4.1 (i).
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4.3 All commissions and fees due and payable hereunder shall be payable in United States Dollars and shall survive termination of this Agreement.
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4.4. CCBill, our payment processor, will send out payment checks once a week. Checks will be generated within 14 days of the end of each pay period.
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4.5 In determining commissions and referral fees due and payable to webmaster participants in the Pregnant Obsession's Cash Program, Pregnant Obsession files and records will prevail in determining amount of "signups" that You have referred to a participating Pregnant Obsession site during any accounting period.
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4.6 We monitor the productivity of all accounts. If an account is found to be grossly unproductive we retain the right to withhold payment, change the "signup" commission rate or terminate the account.
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4.7 If an account's activity is found to be suspicious it will be reviewed by our Fraud Control department. In order to minimize webmaster fraud and maintain a mutually profitable relationship between Pregnant Obsession and it's affiliates/resellers we reserve the right to withhold payment on all suspicious accounts.
5. No Joint Or Collaborative Venture; No Monitoring Or Control Of Your Content By Us. Nothing in this Agreement is intended by Us or You to create or constitute a joint or collaborative venture or partnership of any kind between You and Us, 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 Pregnant Obsession, its employees, agents or assigns. We shall have no control nor ownership interests of any kind in Your business. You shall have no financial or other interest in Pregnant Obsession or any property owned by Pregnant Obsession, its affiliates, agents, successors or assigns.
6. No Guarantees Or Warranties Of Any Kind. YOU ACKNOWLEDGE AND AGREE THAT Pregnant Obsession MAKES NO GUARANTEE OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM OR THE MATERIALS PROVIDED BY, THROUGH OR IN ASSOCIATION WITH THE PROGRAM, AND ALL MATERIALS ARE PROVIDED TO YOU "AS IS", AND THAT USE OF PROGRAM AND ASSOCIATED MATERIALS, INCLUDING WITHOUT LIMITATION, ALL BANNER ADDS AND LINKS, IS SOLELY AT YOUR OWN RISK. Pregnant Obsession 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 PROGRAM AND ANY AND ALL MATERIALS OF EVERY KIND SUPPLIED TO YOU AS PART OF THIS PROGRAM.
7. Pregnant Obsession Limited Liability and Liquidated Damages. You acknowledge and agree that under no circumstances shall Pregnant Obsession, 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, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard to any link to any Pregnant Obsession Website, or arising from or in connection with the use of the Program materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of Pregnant Obsession' services, content or Program materials. Notwithstanding the foregoing express limitations of liability, you acknowledge and agree that should Pregnant Obsession, 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 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 of ten dollars ($10.00).
8. No Representations Of Success Or Profitability. 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 Pregnant Obsession, any agent or representative of Pregnant Obsession, nor any other person has at any time in the past, represented to You or has otherwise directly or indirectly communicated in any manner to You any guarantee, reassurance or any other communication of any kind regarding:
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(a) the potential profitability or likelihood of success of Your participation in the Program as set forth in this Agreement or otherwise;
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(b) the possibility or likelihood that use of any products and/or services provided by Pregnant Obsession pursuant to this Agreement can or will result in the recoupment of any funds expended by You for the promotion of Your Website or any other purpose; or
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(c) the existence, nonexistence, size or any other characteristics of any market for any products or services which involve Your participation in the Program pursuant to this Agreement.
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8.1 You expressly acknowledge and agree that the success any of its business endeavors which involve Your participation in the 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 Pregnant Obsession. You further expressly agree not to raise any claim of any kind against Pregnant Obsession and You agree to hold Pregnant Obsession harmless from any claim of loss to You directly or indirectly resulting from Your decision to participate in the Program pursuant to this Agreement.
9. Term And Termination Of Agreement. You acknowledge and agree that the term of this Agreement is at will, and this Agreement and/or the Program may be terminated by Pregnant Obsession, in its sole and exclusive discretion, at any time, without any advance notice and for whatever reason, or no reason at all.
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9.1 In the event that this Agreement or the Program is terminated by Pregnant Obsession, 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 by Pregnant Obsession after the date and time of termination of the Program.
10. No Monitoring Or Supervision Provided By Us. You acknowledge and agree that since Pregnant Obsession has no control supervision of your website that you shall be solely and exclusively responsible and liable for any failure to prevent the access and viewing of the content of your website by minors.
11. Arbitration; Choice of Law. Any and all disputes as to the interpretation of or any performance under this Agreement which are not first resolved informally, shall be determined by binding arbitration in the city of Las Vegas, Nevada in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, 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 California and the United States.
12. Acceptance And Execution Of This Agreement. By CLICKING ON THE SIGNUP BUTTON on the signup form and by supplying Pregnant Obsession with all the required information to sign You up to the PROGRAM, You are acknowledging that You agree to all of the terms, conditions, promises, warranties, duties and obligations set forth in the above Agreement.
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