This Affiliate Terms and Conditions Agreement
(the "Agreement") is entered into by and between you (the "Affiliate") and Melting Images Inc., doing business as brutalbucks.com upon acceptance of this Agreement evidenced by clicking on the Create Account button on the brutalbucks.com sign-up page.
In order to enroll and participate as a Webmaster in the brutalbucks.com Program, you must be over eighteen (18) years of age, or over the legal age in your country.
An Active Webmaster is defined as a Webmaster that has earned a minimum of 100$ in income with the brutalbucks.com webmaster program
. The Referrer will be credited 100$ for the referral once the referred webmaster reaches 100$ in income. Family members and employees are not eligible as referrals and any attempt to refer ineligible individuals to the program will result in immediate account termination.
3. Qualified Signup
. A qualified signup is a signup of a valid referral that does not result in a refund or reversal in the first 24 hours of membership and is not in violation of the terms of this agreement.
4. Valid Referral
. A referral is an active webmaster that receives 100$ in payouts from brutalbucks.com and is not in violation of the terms of this agreement.
All payments are made in U.S. dollars. The Pay Period shall be split into two monthly periods defined as from the 1st of the month to the 15th of the month and the 16th of the month to the last day of the month. Payments shall be made 30 days after the end of pay period (for periods of 1st - 15th gets paid on the 15th of the following month), and first payment is sent 30 days after end of pay period and following payments are sent every 2 weeks thereafter. You acknowledge and agree that you shall not be entitled to a commission or referral fee for any referrals which are in violation of the terms of this agreement. The minimum payout per period is 100$. If not reached any amount under 100$ will be carried over to the next pay period.
6. Our Payouts
: $35 usd Pay Per Signup. Under this program we pay you $35 usd per ANY signup. Second option is 60/40 Revshare where we pay you 60% recurring for life of all signups and rebills that your traffic generates using this program. Both options come with or without consoles. If you choose to use the consoles you will get paid on all consoles signups as well.
Affiliate is not authorized and shall not change brutalbucks.com or any websites with the brutalbucks.com program names, file names, trademarks, design logos, banners, watermarks, ads or other material.
Spamming. brutalbucks.com has a ZERO TOLERANCE policy relating to “spamming.”
No spamming of any kind, what so ever, is permitted to brutalbucks.com's sites. We do not allow Webmasters to market websites under this program through the transmission of unsolicited bulk e-mails and will result in immediate account termination.
Unacceptable Traffic. Child Pornography, bestiality, rape, torture and/or any other type of obscene and/or illegal material are not tolerated by brutalbucks.com. If you send hits or cause hits to be sent from any site which contains Child Pornography, bestiality, rape, torture of any other type of obscene and/or illegal material your status as Webmaster will be revoked, your account cancelled and all monies due to you will be forfeited. Furthermore, brutalbucks.com does not accept traffic from any site that contains materials which constitutes an infringement, including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc.
Charge Backs. brutalbucks.com reserves the right to cancel any Webmaster's account that has an unusually high number of charge-backs and refunds as decided in the sole and unfettered discretion of brutalbucks.com. Any monies, which are due to any Webmaster whose account has been terminated due to charge-backs and refunds, will be forfeited.
Fraudulent Activity. You acknowledge and agree that brutalbucks.com shall have the right, in its sole and exclusive discretion, at any time to expand or modify what it determines to constitute possible fraudulent activity. Without limiting the foregoing, possible fraudulent activity shall include without limitation, the following circumstances or activities: 1.Where there has been an attempt to put through a credit card with a bin number that is listed in a negative bin number database; and 2. Where there have been sequential or multiple attempts to register or subscribe from a credit card using the same bin number and sequential or multiple number strings to complete the credit card number.
Reservation of Rights. brutalbucks.com reserves the right to cancel this program at any time. brutalbucks.com shall not be liable for any losses due to server downtime, net congestions and any and all similar and like occurrences or difficulties. All brutalbucks.com program benefit materials, including but not limited to all advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property provided to you by brutalbucks.com as part of this program shall remain the property of brutalbucks.com and may not be copied, reproduced, altered, modified, changed, broadcast, distributed, transmitted, disseminated, sold or offered for sale in any manner except as expressly authorized in writing by brutalbucks.com. Should any law enforcement agency, internet service provider or other individual or entity provide brutalbucks.com with notice that you have engaged in the transmission of unsolicited e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, brutalbucks.com reserves the right to cooperate in any investigation relating to your activities, including the disclosure of your account information in connection therewith.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
Relationship of Parties. Nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the COMPANY and the COMPANY expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
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 Affiliate 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 Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
Representations and Warranties. You hereby represent and warrant to us 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; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide COMPANY with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
Indemnification. You hereby agree to indemnify, defend and hold harmless COMPANY, its shareholders, 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"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Provinve of Quebec, Canada, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the Province of Quebec, Canada. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.
Miscellaneous. This Agreement shall be binding, the failure of brutalbucks.com to enforce the strict performance of the terms of any provision of this Agreement shall not be deemed a waiver of the right of brutalbucks.com to subsequently strictly enforce any provision of this Agreement. This Agreement constitutes the entire agreement between you and brutalbucks.com. If for any reason a court of competent jurisdiction finds that any provision of this Agreement, or portion thereof, to unenforceable, in whole or in part, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement and the remainder of this Agreement shall continue in full force and effect.
Acceptance and Execution of Agreement. By signing up to the program, and by supplying brutalbucks.com with all the required information to sign you up as a Webmaster, you are acknowledging that you have read and agree to all of the terms and conditions, promises, warranties, duties and obligations set forth in the above agreement and agree to be bound by the terms thereof.
IF YOU AGREE AND UNDERSTAND THESE TERMS - CLICK HERE TO SIGNUP