:: [ terms
] ::
Welcome to Tanya Cash. Before you can become a participant in the
Tanya Cash 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 Tanya Danielle(alternatively referred to as "me,"
or "I") and "YOU."
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 the Tanya Cash Program
You will be bound by all the terms and conditions in this Agreement.
1. Rights Granted To You By Me. Subject to the terms and conditions
set forth in this Agreement by Me, I grant to You, the following:
1.1 The non-exclusive right to direct, refer or send
visitors or users of Your Website to websites owned, operated or
controlled by Nikki Jackson.
1.2 A limited nonexclusive, nontransferable and revocable license
to access and download promotional banners, and other promotional
materials created by Tanya Danielle for use on Your Website for
the exclusive purpose of advertising, marketing or promoting websites
owned, controlled and/or operated by Tanya Danielle ; however, the
license herein granted shall automatically and immediately cease
upon the termination of this Agreement.
2. Your Warranties To Us. In consideration of Tanya Danielle providing
You with Tanya Danielle benefits, You agree and warrant as follows
2.1 That You will at no time while You are participating
in the Tanya Cash Program, or using any materials provided
to You by me, directly or indirectly display or include on Your
Website any advertising or advertising links of any kind which promote
my site, other than those advertisements or ad links which have
been pre-approved by me, in compliance with this Agreement, and
which advertise Tanya Danielle or other sites, companies, products
or other wide area network addresses which I designate.
2.2 That You will not use any form of mass unsolicited electronic
mail solicitations, news group postings, IRC posting 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 Me. You further acknowledge and
agree that I have the right to immediately, and without notice,
terminate your participation in the Program if I, in our sole and
exclusive judgment, conclude that you have engaged in the use of
any form of mass unsolicited electronic mail solicitations, news
group postings, password selling or trading, warez, IRC posting
or any other form of "spamming". NOTE: I HAVE ZERO TOLERANCE
FOR SPAMMING. IF YOU SPAM, YOUR PARTICIPATION IN THE PROGRAM WILL
BE TERMINATED, YOU WILL BE BARRED FROM FUTURE PARTICIPATION IN THE
PROGRAM AND ALL FUNDS OTHERWISE DUE TO YOU WILL BE FORFEITED TO
ME.
2.3 That You will not copy or reproduce, alter, modify or change,
broadcast, distribute, transmit or disseminate any banners or other
promotional or advertising materials provided to You by ME pursuant
to this Agreement and the Program in whole or in part, in any manner,
at any time anywhere in the World except as authorized by ME in
writing;
2.4 That you will ONLY use Promotional Pictures and Images Provided
by Tanya Danielle to promote my site.
2.5 That You will not include, or link to, any of the following
within a website that contains Tanya Danielle banners or links; or,
directly or indirectly, link any of the following content or material
to my website through any hyperlinks maintained or created on Your
Website:
(i) Obscene material, including without limitation any material
depicting bestiality, rape or torture.
(ii) Any material which is displayed or transmitted in a way as
to constitute harmful matter or indecent communications to minors;
(iii) Any material in which persons under the age of eighteen are
depicted in actual, simulated or suggestive sexual situations;
(iv) Any material not fully in compliance with 18 U.S.C. Sec. 2257
et seq.;
(v) 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. Prohibited material mentioned
herein includes the use of the term 'lolita' for any purpose in
any fashion including, but not limited to, within meta-based tags.
(vi) Any material which is threatening, abusive, hateful, defamatory,
libelous, slanderous, scandalous or injurious to the reputation
of any person or entity;
(vii) 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; or
(viii) Any program, file, data stream or other material which contains
viruses, worms, "Trojan horses" or any other destructive
feature, regardless whether damage is intended or unintended, which
may cause damage to any computer equipment, loss or corruption of
data or programs or inconvenience to any person.
2.6 That all materials of every kind, including photographic, videographic,
audio and textual materials used in direct or indirect association
with materials provided through the Program shall only be transmitted,
distributed, broadcast and otherwise disseminated by You to willing
adults and shall at all times comply with contemporary community
standards in the communities into which they are so disseminated.
2.7 That You shall remain a Program Participant until You terminate
participation in the program by notifying Tanya Danielle by E-mail
at "webmaster@tanyadanielle.com" of Your intent to terminate
Your participation; or Your participation in the Program is terminated
for any reason; or the Program is terminated for any reason.
2.8 That You will remain a Program Participant in good standing
at all times You are receiving benefits or are otherwise participating
in the Program.
2.9 That You shall cease to be a 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.
2.10 That if Your participation in the Program is terminated for
any reason, 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 me through the Program and that
you will remove all files containing materials provided to You pursuant
to the Program from your website.
2.11 That You are a person over the age of eighteen (18) years.
2.12 That You are the person who owns or is otherwise is entitled
to contract on behalf of the entity that owns the rights to the
Your Website.
2.13 That of those residing in the United States, only citizens
or resident aliens of the United States may participate and must
supply CCBill with a Federal Tax ID or Social Security Number that
is representative of, and exactly matches the Payee Name you provide.
Your failure to supply that information will constitute a basis
for terminating this agreement and for forfeiting any commissions
or fees to which you would otherwise be entitled under this Agreement.
2.14 That upon termination of this Agreement you will immediately
cease using Tanya Danielle marks and remove any materials supplied
to you or referring to Tanya Danielle, including without limitation
any banner ads, from Your Website.
2.15 That all Your warranties, indemnities and obligations, which
by their nature are designed to survive termination, shall extend
beyond the termination of this Agreement.
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:
3.1 Only persons over the age of eighteen (18) years
may participate in the Program.
3.2 Tanya Danielle shall at all times have the right, in its sole
and exclusive discretion, to terminate the Program and any and all
Program Benefits relating to Your Participation in the Program at
any time and may do so with or without prior notice or cause.
3.3 Tanya Danielle, in its sole and exclusive discretion, shall have
the right at any time to change or modify the Program, including
without limitation, the right to pay Participants in the Program
based on "click throughs" rather than a flat commission
or fee for a referral, as defined in paragraph 4.1. If at any time
Tanya Danielle changes the Program, you shall have the right to withdraw
and terminate your participation in the Program.
3.4 Tanya Danielle has the right to terminate Your's and any other
person's participation in the Program at any time and may do so
with or without prior notice or cause.
3.5 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 Program and are a Participant in good standing.
3.6 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
as part of this Program shall remain the property of Tanya Danielle
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 in writing.
3.7 Nothing herein shall be construed as a grant or assignment of
any rights in any intellectual property owned, including, without
limitation, any of its trademarks or service marks.
4. Tanya Danielle Benefits. For each person who becomes a subscriber
to a website owned, controlled or operated by Tanya Danielle, and who
has been tracked and verified as a "referral" to a Tanya
Danielle website from Your Website, you will receive a "referral
fee" as follows: Click here to review Payouts.
4.1 A "referral" from Your Website which entitles
YOU to a "referral fee" shall be defined as follows:
(i) A person who has been directed to an authorized website owned,
controlled or operated 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 which automatically connects any person who
clicks on said banner ad or other promotional link to a my website,
and which banner ad or other promotional link has been supplied
to YOU as part of the Tanya Cash Program; and
(ii) A person who after having been directed to my website through
the use of the hyperlink banner ad or other promotional link supplied
to You residing on Your Website has been converted into a subscriber
;
(iii) A person shall not be deemed a "referral" entitling
you to a commission or "referral fee" if that person leaves
the my site after having been directed there through the hyperlink
banner ad or other promotional link (which has been supplied to
you ) on Your Website, without becoming a Tanya Danielle subscriber,
even if at some later time that same person returns to the Tanya
Danielle web site, not through the banner ad or other promotional
link (which has been supplied to you ) on Your Website, and at that
later time becomes a subscriber to the Tanya Danielle site.
4.2 You acknowledge and agree that You shall not be entitled to
a commission or referral fee for any Tanya Danielle subscriber who
you sent or referred to my website in violation of the terms of
this Agreement, or for any Tanya Danielle subscriber who does not
fall within the terms of paragraphs 4.1 (i) & (ii) or who is
excluded under the terms of paragraph 4.1 (iii).
4.3 You also acknowledge and agree that You shall not be entitled
to a commission or referral fee from Tanya Danielle for any subscription
which Nikki Jackson determines is the result of possible fraudulent
activity. You further acknowledge and agree that Tanya Danielle 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:
(i) Where the subscriber has used or attempts to use a credit card
number which is in a negative data base;
(ii) Where there are multiple subscriptions from a single IP address
within a short period of time;
(iii) 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;
(iv) 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 history of few subscriptions from that website before or after
the bursting period.
(v) 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;
(vi) 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.
4.4 You acknowledge and agree that Tanya Danielle shall have the
right to deny or withhold payment from You and to terminate You
from the program if there has been an abnormal number of chargebacks
or cancellations of memberships or subscriptions which have been
referred to Tanya Danielle through Your Website. You further acknowledge
and agree that Tanya Danielle shall have the right, in its sole and
exclusive judgment, to determine what constitutes an abnormal number
of chargebacks or cancellations of memberships or subscriptions.
4.5 All commissions and referral fees due and payable hereunder
shall be payable in United States Dollars and shall survive termination
of this Agreement.
4.6 Tanya Danielle the right, in its sole and exclusive
discretion, at any time to alter or modify the Program including
the method and terms of all payment benefits to Participants. Upon
notice of any change in benefits under the Program, You shall have
the right to withdraw or terminate Your participation in the Program.
5. No Joint Or Collaborative Venture; No Monitoring Or Control Of
Your Content By Me. Nothing in this Agreement is intended by Me or
You to create or constitute a joint or collaborative venture or partnership
of any kind between You and Me, 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 Tanya
Danielle, its employees, agents or assigns.
5.1 You acknowledge and agree that We shall have no control
or ownership interests of any kind in Your business or Your Website.
5.2 You acknowledge and agree that You shall have no financial or
other interest in Tanya Danielle or any property owned by Tanya Danielle,
its affiliates, agents, successors or assigns.
5.3 You acknowledge and agree that Your relationship with Me shall
be restricted to matters pertaining to the Program exclusively and
shall be governed entirely by the terms and conditions of this Agreement.
5.4 You acknowledge and agree that I have 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.
5.5 You further acknowledge that neither Tanya Danielle nor any employee,
associate, agent, assign or successor of Tanya Danielle 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.
6. No Guarantees Or Warranties Of Any Kind. You acknowledge and agree
that Tanya Danielle makes no guaranties or warranties of any kind with
respect to the Program or materials provided by, through or in association
with the Program, and all materials are provided to you "as is",
and that use of the Program and associated materials, including, without
limitation is solely at Your risk. Tanya Danielle 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. Tanya Danielle and Liquidated Damages. You acknowledge and agree
that under no circumstances shall Tanya Danielle, 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 Tanya Danielle website, or arising from or
in connection with the use of the Tanya Cash Program materials,
or due to any mistakes, omissions, delays, errors, interruptions in
the transmission, or receipt of Tanya Danielle services, content or
Program materials, including without limitation any losses due to
server problems or due to incorrect placement of HTML.
7.1 Notwithstanding the foregoing express limitations
of liability, you acknowledge and agree that should Tanya Danielle,
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
Tanya Danielle, any agent or representative of Tanya Danielle, 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
(a) the potential profitability or likelihood of success of Your participation
in the Program as set forth in this Agreement or otherwise;
(b) the possibility or likelihood that use of any products and/or
services provided 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
(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.
8.1 You expressly acknowledge and agree that the success
of any 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 Tanya Danielle. You further expressly agree not to raise
any claim of any kind against Tanya Danielle and You agree to hold
Tanya Danielle 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. No Monitoring Or Supervision Provided By Me. We shall not monitor,
supervise or review, and shall not 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 Me, provided
that said content supplied to You by Me has not be altered or modified
by You or any other party
10. Term And Termination Of Agreement. You acknowledge and agree that
the term of this Agreement is at will, and this Agreement and/or the
Tanya Cash Program may be terminated by Tanya Danielle, in
its sole and exclusive discretion, at any time, without any advance
notice and for whatever reason.
10.1 In the event that this Agreement or the Tanya Cash
Program is terminated by Nikki Jackson, 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.
11. Entire Agreement; Modification; Assignment. This Agreement constitutes
the entire agreement between You and Tanya Danielle with respect to
the subject matter hereof, and supersedes and cancels all other prior
agreements, discussion, or representations, whether written or oral.
11.1 You agree that Tanya Danielle may from time to time,
in its sole and exclusive discretion, modify the type and quality
of benefits provided to You hereunder either with or without notice.
Other terms and conditions may be modified by Me at any time upon
e-mail notice to You or by posting at a Tanya Danielle information
web address location.
11.2 You 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 signed by a duly authorized representative of Tanya Danielle.
11.3 You agree that no officer, employee or representative of You
or Tanya Danielle 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; and
You acknowledge and agree that You have not executed this Agreement
in reliance upon any such representation or promise.
11.4 You acknowledge and agree that the failure of Tanya Danielle
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.
11.5 You 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.
11.6 You agree that Tanya Danielle may at any time, and without prior
notice to you, freely assign all or part of its duties, obligations
and benefits hereunder.
12. 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 Indianapolis,
Indiana, 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 Indiana and the United States.
12.1 This Agreement is executed in Indiana and all its
provisions shall be governed by and construed according to the laws
and judicial decisions of the State of Indiana and the United States
when applicable.
13. All Provisions Of This Agreement Not Deemed Unenforceable Shall
Survive Any Unenforceable Provisions. In case any one or more 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
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 of this Agreement
shall not affect the validity or enforceability of any other provision
14. This Agreement Shall Be Deemed To Be Mutually Drafted. For purposes
of construction of this Agreement, both Tanya Danielle and You shall
be deemed to have mutually drafted this Agreement and all parts thereof
15. Review By Your Attorney. I strongly advise that You review this
Agreement with Your attorney before You enter into it. You acknowledge
and agree that nothing herein and no statement by me or any employee,
representative, agent or other person associated with Me 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; all
terms have been fully disclosed in writing, and that You have been
given a reasonable chance to seek advice of independent counsel with
respect to this Agreement and all transactions associated herewith.
16. Acceptance And Execution Of This Agreement. By CLICKING ON THE
"SUBMIT FORM" BUTTON on the Tanya Cash Sign-Up
Page, and by supplying Tanya Cash with all the required information
to sign You up to the Tanya Cash PROGRAM, You are acknowledging
that You agree to all of the terms, conditions, promises, warranties,
duties and obligations set forth in the above nt. |
