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CYBERAGE.COM SALES AFFILIATE
POLICIES
AND AGREEMENT TO TERMS AND CONDITIONS
NOTICE: An applicant to be a CyberAge.com
Sales Affiliate ("Affiliate") must be at least eighteen (18)
years of age and submit proof upon request.
All Web Site operators who wish to become an affiliate
must agree to comply with the Sales Affiliate Policies and Agreement to Terms and Conditions (Agreement) set
forth below. If an Affiliate violates these Policies or Terms and Conditions,
at CyberAge,com's sole discretion, the ffiliate may be disallowed from participating in CyberAge.com's Affiliate Program.
Please read these Policies and Agreement to the Sales
Affiliate Terms and Conditions carefully, if you agree to become a CyberAge.com
Affiliate, these will constitute binding and enforceable Policies and
Terms and Conditions between CyberAge.com (a service mark of Tri-Tech
Internet Services, Inc.) the participating Affiliate ("You","Affiliate").
In order for CyberAge.com to agree to permit you in the Sales Affiliate Referral Program, you
represent to CyberAge.com and agree as follows:
1. That you are at least eighteen (18) years of age, or 21 in any state where 21 constitutes the age of majority, and you have the full legal capacity to enter into this Agreement. Furthermore, you understand and agree that CyberAge.com or its parent company may, at our sole discretion, undertake to verify your identity including but not limited to requesting that you provide copies of official identifications (i.e. driver’s license, passport) or making inquiries of various agencies including agencies who provide credit information in an effort to independently verify the information you have provided to us.
2. That you are solely responsible for selecting and providing
any and all content, material, products, and/or services on your site(s) which participate in the CyberAge Affiliate Program;
that CyberAge.com is not responsible for selecting or editing any of
the content you place on your site; and that you agree to hold CyberAge.com
harmless and fully indemnify CyberAge.com from any and all liability
that may arise, either directly or indirectly, from any of the content
on your site(s).
3. That no websites hosted on a free hosting service that
does not permit adult content will be used as participating referral sites in the CyberAge.com Affiliate Program.
4. Webmaster Representations and Warranties. You represent
and warrant to CyberAge.com and agree as follows:
(i) that YOU shall be solely responsible for all decisions
and all liability with respect to the selection and use of graphic,
photographic, video, audio, literary content or any other content of
any kind which is displayed or disseminated by and through YOUR Web
Sites;
(ii) that YOU shall be solely responsible for all decisions
and all liability relating to compliance with all state and federal
laws and regulations governing the sale, distribution, dissemination
and advertising of adult content which is displayed, distributed, sold
or advertised in or through YOUR Web Sites,;
(iii) that YOU shall not display or include in YOUR Web
Sites any content that infringes one or more patents, copyrights, trademarks,
or other intellectual property rights (including trade secrets), privacy,
publicity or other rights of any person or entity, or that violates
any state of federal obscenity, harmful matter, child pornography laws
or card association regulations;
(iv) that YOU shall be solely responsible for obtaining
and properly maintaining all records or information that may be required
under the Record Keeping provisions of 18 USC 2257.
4.1 You further represent and warrant to CyberAge.com and agree that
your site shall not display, publish, link to, or provide access to
any images, pictures, stories, video clips or any other media portraying
any content that is deemed illegal in the United States, or that violates
the personal or property rights, such as, without limitation, the following:
(i) any material that violates any State or Federal laws
concerning obscenity; in connection therewith you agree to assume the
sole responsibility and duty to ensure that all material on your Web
Sites shall be transmitted exclusively to willing adults; you further
agree that the content on your Web Sites shall not contain any depictions
of urination or other excretory functions, bestiality, fisting, incest,
rape, sexual assault, actual physical violence, torture, facials or
disfigurement;
(ii) any material that is displayed or transmitted in
a way as to constitute harmful matter or indecent communications to
minors;
(iii) any material which constitutes child pornography,
i.e., any material in which persons under the age of eighteen are depicted
in actual, simulated or suggestive sexual situations (ANY WEBSITE FOUND
TO POSSESS OR DISPLAY ANY CHILD PORNOGRAPHY WILL BE REPORTED IMMEDIATELY
TO THE APPROPRIATE LAW ENFORCEMENT AGENCIES);
(iv) any material which involves depictions of nudity
or sexuality by an age inappropriate-looking performer (i.e. someone
who looks younger than 18 years of age regardless of the person’s
actual 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.
(v) any photographic or other visual material that does
not fully comply with the federal labeling and record-keeping laws,
specifically 18 U.S.C section 2257;
(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;
(viii) any false, misleading, fraudulent or deceptive
content;
(ix) 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.
(X) No site will be accepted if it depicts the name, image
or likeness of Alicia Silverstone, Britney Spears, Alyssa Milano, Angelina
Jolie, Anna Kournikova, Barbara Mandrell, Caprice Bourket, Christina
Aguilera, Cameron Diaz, Christina Applegate, Christina Ricci, Cindy
Crawford, Denise Richards, or Drew Barrymore in any fashion.
5. You understand and agree that if CyberAge.com or a
card association concludes, in its sole and absolute discretion, that
a participating Web Site contains content that is deemed illegal in the United States or that violates the personal or property
rights of others, CyberAge.com has reserved the right, without prior
notice, to dicontinue to accept referrals from this participating Web Site and, at CyberAge.com's sole discretion, terminate this Agreement and exclude owner of said Web Site from participating in the CyberAge.com Affiliate Referral Program.
6. You agree that when and if your site(s) participating in the CyberAge Affiliate Program is going to be
temporarily unavailable, it is your sole responsibility to e-mail support
at support@cyberage.com with an estimated length of downtime so CyberAge.com
may arrange to keep your account open during the duration of your downtime.
7. You understand and agree that if CyberAge.com concludes
you have broken or violated any of these policies, CyberAge.com reserves
the right, in its sole and absolut discretion, to terminate your affiliation
to the CyberAge.com program or network. Upon termination, you will lose
all claim or right to any reoccurring commissions to which you might
otherwise be entitled as an affiliate Webmaster of the CyberAge.com
program or network and all such commissions will be forfeited and automatically
become the sole and exclusive property of CyberAge.com.
8. Limitation of Liability. NEITHER PARTY
SHALL BE LIABLE TO THE OTHER PARTY (OR TO ANY PERSON CLAIMING RIGHTS
DERIVED FROM THE OTHER PARTY’S RIGHTS) FOR INCIDENTAL, CONSEQUENTIAL,
SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST
PROFITS, LOSS OF BUSINESS, OR OTHER ECONOMIC DAMAGE, AND FURTHER INCLUDING
INJURY TO PROPERTY, AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM
OF THIS AGREEMENT, REGARDLESS OF WHETHER THE PARTY ALLEGEDLY LIABLE
WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY
THEREOF. EACH PARTY ACKNOWLEDGES THAT THE FOREGOING PROVISIONS
REFLECT AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE
RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT,
THAT SUCH VOLUNTARY RISK ALLOCATION WAS A MATERIAL PART OF THE BARGAIN
BETWEEN THE PARTIES, AND THAT THE ECONOMIC AND OTHER TERMS OF THIS AGREEMENT
WERE AGREED TO BY THE PARTIES IN RELIANCE ON SUCH VOLUNTARY RISK ALLOCATION
9. Either party shall be excused from delays in
performing or from its failure to perform hereunder to the extent that
such delays or failures result from causes beyond the reasonable control
of such party, including, without limitation, acts of God, nature, any
government agency(ies), war, civil disturbance, labor disputes or shortages,
electrical or mechanical breakdowns, inability or refusal of a common
carrier to provide communications capabilities, or any other cause beyond
either party’s direct control, including but not limited to, the
issuance of an order by any regulatory, administrative, judicial or
legislative prohibiting or interfering with either party from carrying
on its day-to-day operations as contemplated under this Agreement.
10. Nothing in this Agreement shall constitute or be construed
to constitute or tending to create an agency, partnership, joint venture,
master-servant or employer-employee relationship between CyberAge.com
and You, in any respect, any other provision of this Agreement notwithstanding.
This Agreement defines a Sales Affiliate relationship only.
11. No delay or omission by either party hereto to exercise
any right or power occurring upon any noncompliance or default by the
other party with respect to any of the terms of this Agreement shall
impair any such right or power or be construed to be a waiver thereof.
The terms and conditions of this Agreement may be waived or amended
only in writing and only by the party that is entitled to the benefits
of the term(s) or condition(s) being waived or amended. A waiver by
either of the parties hereto of any of the covenants, conditions, or
agreements to be performed by the other shall not be construed to be
a waiver of any succeeding breach thereof or of any covenant, condition,
or agreement herein contained (whether or not the provision is similar).
12. Arbitration Provision, Governing Law, Consent
To Jurisdiction & Venue. Any controversy or claim arising
out of or relating to this Agreement, or the breach thereof, shall be
settled by arbitration in Los Angeles in accordance with the Commercial
Arbitration Rules of the American Arbitration Association, and judgment
upon the award rendered by the arbitrator(s) may be entered in any court
of the State of California having jurisdiction thereof. This Agreement
shall be governed by and construed in accordance with the laws of the
State of California, without reference to the choice of law provisions
thereof. All aspects of all actions brought relating to the subject
matter of this Agreement shall be governed by California law, without
reference to the choice of law provisions thereof.
12.1In the event that any claim or controversy regarding
this Agreement is litigated in court, the parties hereto hereby consent
to the exclusive jurisdiction and venue of the United States District
Court for the Central District of California or the Superior Court of
Los Angeles County for any action that may be brought in connection
with this Agreement other than a cross-claim for indemnification brought
in response to a claim of infringement filed in another court. In the
case of a cross-claim for indemnification, Webmaster agrees to be subject
to the jurisdiction and venue of the court in which the infringement
claim is brought, provided that LFP is also subject to jurisdiction
and venue in that court.
13. Each party to this Agreement acknowledges that this
Agreement constitutes the entire Agreement of the parties with regard
to the subject matters addressed in this Agreement, that this Agreement
supersedes all prior or contemporaneous agreements, discussions, or
representations, whether oral or written, with respect to the subject
matter of this Agreement, and that this Agreement cannot be varied,
amended, changed, waived, or discharged except by a writing signed by
all parties hereto. Each party to this Agreement further acknowledges
that no promises, representations, inducements, agreements, or warranties,
other than those set forth herein, have been made to induce the execution
of this Agreement by said party, and each party acknowledges that it
has not executed this Agreement in reliance on any promise, representation,
inducement, or warranty not contained herein.
14. You shall not send any unsolicited e-mail or documents
(Spamming) to a recipient that you do not have an existing business
or personal relationship with, or who did not consent to or request
for such an e-mail. Any complaints of receiving unsolicited e-mail or
documents will result in deactivation, termination of your website(s)
from the CyberAge.com Program and assistance will be provided to any
investigation.
15.If any provision of these Terms and Conditions is held
to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable.
16. You may notify or contact CyberAge.com by email
at legal@cyberage.com
or telephonically at 1(818) 548-8882.
17. We are not accepting any NEW Affiliate applications
from the following countries… Russia, Indonesia, Armenia, Iran,
Iraq, Turkey, Israel, Libya, Jordan, Ukraine, Belarus, Romania, Malaysia,
Afghanistan, Pakistan, Lebanon, Netherlands, Yugoslavia, Belgium, Philippines,
Czech Republic, Estonia, Croatia, Hungary, Lithuania, Bulgaria, Slovenia,
Bosnia/Herzegovina, Kazakhstan, Cyprus, Albania, India, Kuwait, Moldova,
Slovak Republic, Thailand, Uzbekistan, Equador, Lativa, Slovakia, Estonia and Vietnam.
18. AFFIRMATION OF AGREEMENT. You hereby acknowledge
and affirm that you have read this entire agreement and that your act
of clicking on the I AGREE button below constitutes your electronic
signature and AGREEMENT to be bound by all of these Terms and Conditions.
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