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FNCash.com Affiliate Agreement

Please read and accept the agreement document below before registering.

1) Term of Agreement:

The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with our without cause, by attempting to give the other party written notice of termination using available contact information. As used in this Agreement, "we", "us", or "our" refers to the FNCash Affiliate Program (the "Program") operated by Interactive Life Forms, LLC. ("Company"), a Texas business, located at 4401 Friedrich Lane, Suite 302, Austin, TX 78744 and its subsidiaries, and "you" refers to the applicant/participating member. "Your site" means any site that you will link to any site listed in the FNCash Network of sites or other sites owned by Interactive Life Forms, LLC. and its subsidiaries.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY SUBMITTING YOUR APPLICATION FOR MEMBERSHIP, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREIN.

2) Enrollment in our Affiliate Program:

You begin the enrollment process by submitting a complete Interactive Life Forms, LLC. Affiliate application via this site:

http://www.fncash.com/signup

We will evaluate your application and notify you of its acceptance or rejection. We reserve the right to reject any application without cause or notice. We will reject your application if we determine that you have provided inaccurate or incomplete sign-up information, determine that you are under 18 years of age ( 21 in some jurisdictions) or determine that your site is unsuitable for the Program for any reason.

All web pages used to advertise and send traffic through FNCash.com must be approved individually. Sales generated by unapproved web pages or which fail to abide by the following guidelines at any time during the tenure of this agreement are subject to suspension and risk forfeiture of any monies owed at the time of termination.

In order to receive approval, applicants must abide by the following:

  1. The following types of subject matter are considered unacceptable and will not be permitted on an Affiliate site:
    • Child pornography and/or any depiction of underage participants (including participants who are dressed and depicted as underage, even though the participants are clearly adults);
    • Incest;
    • Bestiality;
    • Non-DMCA compliant torrent sites;
    • Images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, or otherwise legally prohibited;
    • Promoting fraudulent, unlawful, misleading, or unfair business practices or involving unfair competition;
    • Promoting discrimination based on race, sex, religion, nationality, disability, or age;
    • Incorporating any materials which infringe or assist others to infringe on any copyright, trademarks, patents, or other intellectual property rights;
    • Non-consenting or coercive sex (including depictions of sex with individuals who are sleeping or under the influence of drugs or alcohol)
    • Sex acts associated with pain or violence;
    • Bondage (where consent of participants is not clearly depicted);
    • Defecation;
    • Any website that "takes over" a user's web browser, installing software without the user's permission or not releasing the browser to the user's control (multiple pop-ups) on exit from any page within the affiliate site. (If leaving your site causes a user to reboot their system to close the browser, your site will not be accepted.);
    • WAREZ sites;
    • We reserve the right to reject sites on Geocities/Yahoo, Angelfire, AOL/Compuserve, MSN, Tripod, or any other free web host, or any web host on which adult content is not in compliance with the host's terms and conditions;
    Note that should your site violate any of the above listed terms, we may find the site acceptable if it is clear that the participants are willing. If you have very heavy bondage or violent material, we will probably not be able to accept you. All sites are subject to approval on an individual basis.
  2. Your site must be live and online at the time of review. Because of the review standards above, we do not accept sites that are offline, have not been built or are in the process of being built.
  3. We will not tolerate affiliates which engage in altering by electronic, mechanical or automated means or other technologies, that may now exist or come into existence, the Program webmaster affiliate code or Program site URLs belonging to or identified with accounts other than your own, or causing the modification or substitution of Program webmaster affiliate code or Program site URLs belonging to or identified with accounts other than your own that may reside within or originate from a third party system in the form of bookmarks, cached pages, cookies or other stored forms that may be passed to the Program and/or Company system by user operation of said third party system.
  4. We will not tolerate any form of spamming or advertisements from spyware, adware, or parasiteware techniques. Your account will be terminated without notice if we conclude you have engaged in any form of mass electronic mail solicitations, news group, IRC, forum, social media, including but not limited to Myspace, Facebook, Twitter and blog postings, all forms of cookie stuffing (ie iframes, obfuscation via a redirect, misleading JavaScript comments, CLICK loading in IMG tags, etc), or if we conclude you are involved in any spyware advertising techniques. All funds due to you under the terms of this Agreement will be forfeited as partial damages for violation of the terms of this Agreement. THIS PROHIBITION APPLIES EVEN TO DOUBLE OPT-IN E-MAILS; NO BULK E-MAILINGS OF ANY KIND ARE PERMITTED. We reserve right to release your personal information to any Law Enforcement Agency, internet service provider, or other entity concerned with your involvement in these activities.
  5. We also prohibit the use of keywords, search terms, and domain names that contain any variations of our Trademarks, such as "Fleshlight" or "Fleshjack" for use in search engines, portals, sponsored advertising services, or other search and referral services. If you send visitors from any site we consider an unacceptable traffic source, your account may be canceled, and any monies owed to you will be forfeited.
  6. Your site must not be framed so that it is confusingly similar to www.fleshlight.com or other sites owned by Interactive Life Forms, LLC, including all previous designs, as determined at our sole discretion.
  7. You will not redirect traffic to our site where the URL remains in the address when a customer attempts to bookmark, what appears to be, our site.
  8. You agree to fully comply with 18 USC 2257 et seq, ("2257") including but not limited to its notice and record-keeping requirements, as a condition precedent to your participation in this affiliate program or providing any traffic or links from your web pages to our site. You agree to immediately provide to us as requested, in our sole discretion, record keeping documents and data needed for us to comply with 2257 or for us to audit, from time to time, your compliance with such statute.

3. Links on your Site:

Once you have been notified that your site has been accepted in our Affiliate Program, you may use only the provided links on your approved site to direct traffic to www.FNCash.com. Banners and other advertising material provided by www.FNCash.com must be kept current at all times.

We will provide you with guidelines and graphical artwork to use in linking to FNCash.com sites. We reserve the right to approve graphical artwork and text links used in promotion of sites on the FNCash network. To permit accurate tracking, you are responsible for ensuring links follow our structured format.

If for any reason we decide the manner in which you promote our web site and products is detrimental to our brand, we will attempt to contact you and recommend corrections. Failure to implement recommended corrections may result in termination of the Agreement and forfeiture of unpaid monies to you.

You acknowledge we may receive information about visitors you refer, and your participation in our Affiliate Program constitutes your unconditional consent and authorization to access, receipt, store, use, and disclose any and all such information, in accordance with the Privacy Policy listed on our web sites.

You also acknowledge that we may crawl or otherwise monitor your site for the purpose of ensuring the quality and reliability of links on your site (for example, to detect links that are broken or non-functional, links to products that are out of stock or otherwise unavailable, etc.). Therefore, you agree that we may take such actions and that you will not seek to block or otherwise interfere with such crawling or monitoring (and that we may use technical means to overcome any methods used on your site to block or interfere with such crawling or monitoring).

You will only earn referral commissions with respect to activity on our site occurring directly through links on approved sites. We will not be liable to you with respect to any failure by you to use only approved sites, including to the extent that such failure may result in any reduction of amounts, which would otherwise be paid to you pursuant to this Agreement.

4) Commissions:

Commissions will apply to only "completed" sales (sales which are shipped to the customer and are not returned post-delivery). Affiliates will receive 30% of the product value for each sale registered by our system as received from that affiliate's link. Note that a commission will only be paid if the visitor to our site can be tracked by the system from the time of the Link to the time of the sale. No commission will be paid if the visitor's payment to our site cannot be tracked directly to your site by our system or if full payment for services is not made to us by the customer. No commission will be paid for signups by you or anyone within your organization.

From time to time, Interactive Life Forms, LLC will issue promotional offers to its customer base via email directing visitors to “hidden” pages on sites in the Fleshlight Network. “Hidden” pages are defined as any page not directly linked to from the home page or any category or product pages. Products offered on these “hidden” pages are not eligible for affiliate commissions. Affiliates are restricted to sending traffic to specified landing pages outlined in their affiliate account and may not make use of unlisted or “hidden” pages by modifying the link code to include link identification numbers specific to their account. Coupon codes that are to be used on our network of sites, unless authorized, are not to be used by affiliates.

Affiliates may request payout on your owed balance at any time. Payouts will be fulfilled on a biweekly period. Only those amounts which have been requested or which exceed the predetermined threshold will be fulfilled. Affiliates are not eligible to request a payout until the balance owed exceeds $100.00.

Available payment methods include:

  • Epassporte - No charge
  • Check - $30 check fee for all international affiliates for amounts less than $2,000 USD (no charge for US or Canadian Affiliates)
  • Wire Transfer - $30 fee for amounts less Than $2,000 USD

If a Customer disputes or rejects a purchased order, and ILF, LLC. has already paid affiliate commission fees based on the sale of that order, ILF, LLC. will deduct the amount of the disputed commission from affiliate's next commission fees payment. If there are no subsequent commissions due to the affiliate, ILF, LLC. will send affiliate a bill for the amount of the disputed commission, and affiliate agrees to pay such bill no later than thirty days after its receipt.

5) Responsibility for Your Site

You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. The registration or "whois" information pertaining to any of your sites shall contain current and accurate contact information so that a third-party could have a reasonable expectation of reaching you during normal business hours by telephone, mail, facsimile and/or email. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You hereby represent and warrant to us that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. We reserve the right to terminate this Agreement without pay and without notice in the event that we determine that an Affiliate Member is violating a third party's intellectual property rights. We reserve the right to cooperate in any investigation (including third party investigations by governmental entities) relating to activities involving your conduct or any violation of these Terms and Conditions, including, but not limited to, disclosure of your account information to third parties in connection therewith, when, for example, your registration or "whois" information is not current or accurate.

6) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

7) 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 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 Program will not exceed the total referral fees paid or payable to you under to this Agreement.

8) Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

9) Miscellaneous: This Agreement will be governed by the laws of the United States and the State of Texas, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Austin, Texas, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY SUBMITTING YOUR APPLICATION TO THE PROGRAM YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.

© 2009 Interactive Life Forms, LLC, all rights reserved.