Welcome to Silvers Dollars. Before
you can become a participant in the Silvers Dollars ("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 SilversDollars.com,
("Silvers Dollars" "we," or "us")
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 Silvers
Dollars 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:
1.1
The non-exclusive right to direct, refer or send visitors or
users of Your Website to websites owned, operated or controlled
by the owners of Silvers Dollars.
1.2
A limited nonexclusive, nontransferable and revocable license
to access and download promotional banners, and other promotional
materials created by Silvers Dollars for use on Your Website
for the exclusive purpose of advertising, marketing or promoting
websites owned, controlled and/or operated by Silvers Dollars;
however, the license herein granted shall automatically and
immediately cease upon the termination of this Agreement.
2.
Your Warranties To Us. In consideration of Silvers Dollars providing
You with Program benefits, You agree and warrant as follows:
2.1
That You will at no time while You are participating in the
Silvers Dollars Program, or using any materials provided to
You by Us, directly or indirectly display or include on Your
Website any advertising or advertising links of any kind which
promote Silvers Dollars sites, other than those advertisements
or ad links which have been pre-approved by Us, in compliance
with this Agreement, and which advertise Silvers Dollars or
other sites, companies, products or other wide area network
addresses which We 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 Us. 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 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: WE 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 US.
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
US 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 Us in writing;
2.4
That You will not include, or link to, any of the following
within a website that contains Silvers Dollars banners or links;
or, directly or indirectly, link any of the following content
or material to any Silvers Dollars 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 within html 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.
2.5
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.
2.6
That You shall remain a Program Participant until You terminate
participation in the program by notifying Silvers Dollars by
E-mail at “admin@SilversDollars.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.
2.7
That You will remain a Program Participant in good standing
at all times You are receiving benefits or are otherwise participating
in the Program.
2.8
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.
2.9
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 Us through the Program
and that you will remove all files containing materials provided
to You pursuant to the Program from your website.
2.10
That You are a person over the age of twenty-one (21) years.
2.11
That You are the person who owns or is otherwise is entitled
to contract on behalf of the entity which owns the rights to
Your Website.
2.12
That you will supply Silvers Dollars with a Federal Tax ID or
Social Security Number when requested, and that 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.
2.13
That upon termination of this Agreement you will immediately
cease using Silvers Dollars marks and remove any materials supplied
to you or referring to Silvers Dollars, including without limitation
any banner ads, from Your Website.
2.14
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 twenty-one (21) years may participate
in the Program.
3.2
Silvers Dollars 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
Silvers Dollars, 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 Silvers Dollars changes the Program, you
shall have the right to withdraw and terminate your participation
in the Program.
3.4
Silvers Dollars 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
Silvers Dollars 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
Silvers Dollars is a service mark or trademark of A S A P, Incorporated.
All rights are reserved. 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.
Silvers Dollars Benefits. For each person who becomes a subscriber
to a website owned, controlled or operated by Silvers Dollars,
and who has been tracked and verified as a "referral"
to a Silvers Dollars website from Your Website, you will receive
a "referral fee".
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 Silvers Dollars website, and which banner ad or other promotional
link has been supplied to YOU as part of the Silvers Dollars
Program; and
(ii)
A person who after having been directed to an authorized Silvers
Dollars 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 Silvers Dollars 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 Silvers Dollars subscriber, even if at some later time that
same person returns to the Silvers Dollars 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 Silvers Dollars site.
4.2
You acknowledge and agree that You shall not be entitled to
a commission or referral fee for any Silvers Dollars subscriber
who you sent or referred to a Silvers Dollars website in violation
of the terms of this Agreement, or for any Silvers Dollars 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 Silvers Dollars for any
subscription which Silvers Dollars determines is the result
of possible fraudulent activity. You further acknowledge and
agree that Silvers Dollars 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 Silvers Dollars 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 Silvers Dollars through Your Website.
You further acknowledge and agree that Silvers Dollars 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
Silvers Dollars reserves 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 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 Silvers Dollars, its
employees, agents or assigns.
5.1
You acknowledge and agree that We shall have no control nor
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 Silvers Dollars or any property owned by Silvers
Dollars, its affiliates, agents, successors or assigns.
5.3
You acknowledge and agree that Your relationship with Us 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 We 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 Silvers Dollars nor any
employee, associate, agent, assign or successor of Silvers Dollars
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 Silvers Dollars 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. Silvers Dollars 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.
Silvers Dollars Limited Liability and Liquidated Damages. You
acknowledge and agree that under no circumstances shall Silvers
Dollars, 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 Silvers Dollars website,
or arising from or in connection with the use of the Silvers
Dollars Program materials, or due to any mistakes, omissions,
delays, errors, interruptions in the transmission, or receipt
of Silvers Dollars' 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 Silvers Dollars, 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 Silvers Dollars, any agent or representative
of Silvers Dollars, 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 Silvers Dollars. You further expressly
agree not to raise any claim of any kind against Silvers Dollars
and You agree to hold Silvers Dollars 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 Us. 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 Us, provided that said content supplied to You by
Us 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 Silvers Dollars Program may be terminated by Silvers
Dollars, 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 Silvers Dollars Program
is terminated by Silvers Dollars, 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 Silvers Dollars 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 Silvers Dollars 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 Us at any time
upon e-mail notice to You or by posting at a Silvers Dollars
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 Silvers Dollars.
11.3
You agree that no officer, employee or representative of You
or Silvers Dollars 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 Silvers Dollars
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 Silvers Dollars 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 the Commonwealth of Pennsylvania 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 Commonwealth of Pennsylvania and the United
States.
12.1
This Agreement is executed in the Commonwealth of Pennsylvania
and all its provisions shall be governed by and construed according
to the laws and judicial decisions of the Commonwealth of Pennsylvania
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 Silvers Dollars and
You shall be deemed to have mutually drafted this Agreement
and all parts thereof.
15.
Review By Your Attorney. We 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 Us or any employee, representative, agent or other person
associated with Us 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 Silvers Dollars Sign-Up
Page, and by supplying Silvers Dollars with all the required
information to sign You up to the Silvers Dollars PROGRAM, You
are acknowledging that You agree to all of the terms, conditions,
promises, warranties, duties and obligations set forth in the
above Agreement
UPDATE as of 10/2/2007
17. As of
October 2 2007, Rather than discontinuing the entire system,
Silversdollars will be discontinuing payments on subscription
rebills. The reason for this change is three-fold. 1) Customers
sent by affilliates have been generating an inordinately high
number of chargebacks. Upon investigation it was found that
this was not a matter of volume. 2) Several affilliates have
engaged in "google bombing" the main website, resulting
in lost traffic and revenue and generating expenses to correct
the problem. and inordinately high affiliate traffic (harming
not only us, but other affiliates) 3) Several affiliates have
cropped the copyright notice off of our material and have been
using it to promote.
In the near future
we will be instituting a bonus program that rewards affiliate
who generate a certain level of quality traffic. Please check
back for details.