WEBMASTER BENEFITS
  TERMS AND CONDITION
  EARN 50% REVENUE SHARE
  NO TRAFFIC LEAKS
  PROMO TOOLS & TOURS PROVIDED & USED BY THE ACTUAL PROGRAM OWNERS
  COMING SOON - FOLLOW YOUR MEMBERS TO SEE WHERE THEY'RE ROLLING THEIR MEMBERSHIPS
  WE USE NATS
     
 

This Agreement contains the complete terms and conditions which apply to your participation as a member of the Adult Cartel Affiliate Program (hereinafter called the "Adult Cartel Program" or "Affiliate Program" or simply "Program") an Affiliate Program owned by Cartel Ventures LLC. (the "Company"). As used in this Agreement, "you" or "your" means the applicant or member already enrolled into the program.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE AFFILIATE PROGRAM. BY SUBMITTING AN APPLICATION FOR ENROLLMENT IN THE AFFILIATE PROGRAM 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 THAT 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 LISTED BELOW.

1. Enrollment in this Program. In order to be enrolled into our affiliate program, you will have to submit a completed application through our website located at: http://nats.adultcartel.com/signup.php.

In order to enroll and participate in our affiliate program, you must be over the age of eighteen (18) years of age.

We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if, in our sole and unfettered discretion, we determine that your site(s) are unsuitable for the program for any reason.

2. Commissions. Commissions can be earned by generating memberships to one of the web sites listed under the Adult Cartel webmaster program. Our current payout offering is:

For Webmasters: Commission payouts are based on subscriptions or monthly memberships with a billing price of $34.99. We pay you a commission based upon the type of membership generated from your account or the linking option you choose minus program and processing fees. This equates to approximately $12.50 per member per month. Affiliates are paid every month for the life of the member no matter what paysite the customer moves his membership into the succeeding months of their membership lifetime.

For Program Owners: Commissions will be 50% of the $34.99 monthly billing price minus program and processing fees. Program owners will also earn an additional 10% referral fee for the life of a member once said member moves his membership into another site listed in the Adult Cartel program that is not owned by you if the member initially joined the Adult Cartel program using one of your sites.

For Both Program Owners & Webmasters: Our program fee is 15% of the monthly bill price. Of that fee, we reimburse the Program Owners 10% when applicable as a bonus for placing their paysites into the Cartel. Our tours contain no consoles or other traffic leaks. This is a symbiotic between Adult Cartel and yourselves and as such if you get them to the join page, we make sure there are no leaks away from signing up to the intended paysite. We have minimal upsells in the landing page used for all members and any fees generated is not to be included in any commission payouts to webmasters or program owners. By the same token, Program Owners who have upsells inside their membership areas do not share their commissions with us.

3. Commission Payment. Payments due and owing to you under the Affiliate Program will be paid to you directly by the Affiliate Program. There is one (1) payment per month. Checks are sent out within five (5) days following the end of the pay period as long as your account has accrued the minimum payout amount of $100. If the amount is less it is carried over from pay period to pay period until you have accrued the minimum payout amount.

Payments will be sent via regular mail to the address on file. You have the option of being paid by wire or cable transfer pending special approval and you will be charged the sum of up to $45.00 to cover wiring or cable transfer costs. If the payment is due to be made on a non-business day (Sat., Sun., or U.S. observed holiday), the payment will be made on the next business day. Our log files will prevail in determining amount of clicks and sign-ups.

4. Responsibility for Your Site. While we may review your site(s) for suitability in the Affiliate Program, you will be solely responsible for the development, operation and maintenance of your site(s) and for all materials that appear on your site(s). We shall have no responsibility for the development, operation and maintenance of your site(s) and for any materials that appear on your site(s). You shall also be responsible for ensuring that materials posted on your site(s) do not violate or infringe upon any laws including, but not limited to the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site(s) are not libelous or otherwise illegal (including depictions of actual, implied or simulated bestiality, rape, incest, child pornography, violence or any other content deemed inappropriate or illegal). You must have express written permission to use another party's copyrighted or otherwise proprietary material. We will not be responsible if you use another party's copyrighted or otherwise proprietary material in violation of the law.

5. Forms of Promotion. As the owner/operator of a website, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text to Affiliate Program approved websites, however, you CANNOT use UCE (Unsolicited Commercial Email or SPAM). All visitors you send to us must come from a web page. We do not allow news group postings with links to our web sites nor do we allow you to link to our web sites from the body of an email message. We will be happy to work with you if you would like to advertise our web sites in a double opt in email list but you must contact us per email for approval. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited email program will result in your immediate termination from the Affiliate Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain the Affiliate Program's or affiliated website's trade names, service marks, and/or logos for display on your website(s). Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such links and other designated promotional materials for placement on your website(s) for the sole and exclusive purpose of promoting Affiliate Program approved websites. In utilizing the links, you agree that you will cooperate fully with us in order to establish and maintain such link or links. A link may only be visually modified with our consent.

6. We maintain a zero tolerance policy towards anything related to child pornography.
Child pornography is immoral and illegal and if we ascertain that you have violated the Company's zero tolerance policy against child pornography, your membership in the Affiliate Program will be terminated and your site(s) will be removed from the Affiliate Program without warning and we will report you to the authorities. You further agree that you will forfeit all monies otherwise due you.

7. In addition to the foregoing, we may immediately terminate your participation in the Affiliate Program if we believe you have engaged in any of the following:

a) Any form of spamming including, but not limited to unsolicited email, IRC postings, newsgroups, and/or instant messaging clients;
b) Publishing, transferring, reassigning, disclosing, distributing, or permitting any other person to use your Affiliate Program account;
c) Providing inaccurate or incomplete information to the Affiliate Program concerning your identity, bank account, address or other required information;
d) Attempts to cheat, defraud or mislead us or the public in any way;
e) Misrepresenting to the public, or anyone concerned, the terms and conditions of the Affiliate Program approved websites or your site(s);
f) Promotion of Affiliate Program websites on password sites, MP3 sites or warez sites;
g) Owning or operating a website in connection with a person who is under eighteen (18) years of age; and under the age of majority in states, provinces or countries where the age of majority is greater than eighteen (18)years;
h) Inclusion of illegal or unauthorized content on your site(s); and
i) Operating from a country where such a site violates the law or from which the Affiliate Program will not accept accounts including, but not limited to: Afghanistan, Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croatia, Cuba, Czech Republic, Estonia, Georgia, Hungary, India, Indonesia, Iran, Iraq, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lithuania, Malaysia, Moldova, North Korea, Oman, Pakistan, Qatar, Philippines, Romania, Russia, Saudi Arabia, Singapore, Slovakia, Slovenia, South Korea, Sudan, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, Yemen, and Yugoslavia, Barbados, Anguilla, Antigua and Barbuda (sometimes just called Antigua), Montserrat ,St Kitts and Nevis (sometimes just called St. Kitts), Dominica, St Vincent and The Grenadines, St. Lucia, Grenada, Trinidad and Tobago, Turks and Caicos Islands, Jamaica, Guyana, Belize, Haiti, Bahamas
j) Obtrusive use of pop-up windows or other forms of extreme browser manipulation while advertising website(s) in the Affiliate Program are subject to review and possible termination from the program. If you are unsure of any practices used on your website please email support@adultcartel.com for approval.
k) Altering by electronic, mechanical or automated means or other technologies, currently available or which may become available in the future, the Adult Cartel webmaster advertiser code or Adult Cartel website addresses belonging to or identified with accounts other than your own, or causing the modification or substitution of Adult Cartel webmaster affiliate code or Adult Cartel traffic site URLs belonging to or identified with accounts other than your own that may reside within or originate from an original or third party system in the form of bookmarks, cached pages, cookies or other stored forms that may be passed to the Adult Cartel system by utilizing said original or third party system.
l) Any intentional use or dissemination of Viruses, Spyware, Adware, or other viral software (such as Trojan Horses, Worms, Key loggers, etc.)

UNSOLICITED EMAIL

8. Unsolicited email may be illegal or subject to seperate and distinctively different laws in various jurisdictions. You must be aware of, and comply with, all applicable laws in your jurisdiction and the jurisdiction of the locations your emails will be sent to.

As you are likely aware, the United States recently enacted the CAN-SPAM Act and the FTC (Federal Trade Commission) has issued its final Rule to prescribe what must be included in all commercial electronic mail that contains sexually oriented materials.

9. All individuals mailing sexually explicit materials must comply:

(a) The exact phrase "SEXUALLY-EXPLICIT:" must be contained in capital letters as the first 19 characters at the beginning of the subject line. This phrase in the subject line must be in ASCII format.

(b) The exact phrase "SEXUALLY-EXPLICIT:" must be in capital letters as the first 19 characters in the "brown paper wrapper" area of the email message. The Brown Paper Wrapper refers to the opening portion of the e-mail that is immediately visible to the recipient, without the need to scroll down or taking any other affirmative steps to view the message. However, sexually explicit material may be displayed beneath the "brown paper wrapper" area of the email message or accessed by clicking on a link.

(c) The Rule also requires the mandatory disclosure of the sender's "valid physical postal address" to be "clear and conspicuous," like the other required disclosures.

(d) In addition, the "brown paper wrapper" area must indicate that the message itself is an advertisement or solicitation, and contain an e-mail address that the recipient can reply to declining any further commercial e-mail messages from the sender.

(e) As CAN SPAM covers both visual images as well as the written word, the subject line must not contain text with written descriptions of Sexually Explicit Conduct. Also the "brown paper wrapper" area of the email message must not contain Materials with Sexually Explicit Conduct. Sexually Explicit Conduct means actual or simulated sexual intercourse [including genital-genital, oral-genital, anal-genital, or oral-anal, whether heterosexual or homosexual]; bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the genitals or pubic area of a human being.

If you have any questions, please contact your sales representative.

10. Term of the Agreement. The term of this Agreement will begin upon our written acceptance by email of your application and will end immediately when terminated by either party in writing (by email). Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by email, to your email address in our records, is considered sufficient notice for us to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you waive any right to receive any payments due and unpaid to you, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to payments on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related subscriptions are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.

11. Modification. 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 email, to your address in our records, or notice posted on our site, is considered sufficient notice to you of a change 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 modifications or a new agreement on our site, will constitute your binding acceptance of the change in terms and conditions.

12. Relationship of Parties. You and Affiliate Program are independent contractors, and nothing in this Agreement will create any actual and legally binding partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site(s) or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the Affiliate Program and the Affiliate Program expressly disclaims responsibility for any conduct by you in violation of the terms of this Agreement.

13. 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.

14. 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. You further represent and warrant 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 (i) the 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.

By joining the Affiliate Program you agree not to violate the laws of your country and the laws of the United States and Canada. Should any law enforcement agency, internet service provider or other person or entity provide the Affiliate Program with notice that you have engaged in transmission of unsolicited emails or have engaged in otherwise unlawful conduct or conduct in violation of internet service provider's terms of service, we reserve the right to immediately cancel your participation in the Affiliate Program and to cooperate in any investigation relating to your activities including disclosure of your account information.

15. Confidentiality. We may disclose to you certain information as a result of your participation in the Affiliate Program which we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to:

(a) any modifications to the terms and provisions of this Agreement made specifically for you or your site(s) and not generally available to other members of the Affiliate Program,

(b) website, business, and financial information relating to the Affiliate Program, and

(c) customer and vendor lists relating to the Affiliate Program and any members of the Affiliate Program other than you.

Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose, except to the extent that any such information is generally known or available to the public or if disclosure is required by law or legal process.

16. Indemnification. You hereby agree to indemnify, defend and hold harmless the 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"), insofar as the losses (or actions in respect thereof) arise out of or are based on

(a) any claim or threatened claim that our use of your trademark(s) infringes on the rights of any third party;

(b) the breach of any promise, covenant, representation or warranty made by you herein; or

(c) or any claim related to your site(s).

17. Disclaimers. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AFFILIATE PROGRAM, ANY COMPANY SERVICES, OR ITEMS SOLD THROUGH THE AFFILIATE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE(S) WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

IN ADDITION, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION DELIVERED HEREUNDER, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENTS, WHETHER ARISING BY LAW, CUSTOM OR CONDUCT, OR AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION AND WE SHALL NOT HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON RESULTING FROM YOUR USE OR SUCH THIRD PERSON'S USE OF THE INFORMATION.

18. Miscellaneous. Terminated accounts, except as expressly provided in Section 16 herein, cannot later apply to the Affiliate Program without our express written consent. This Agreement will be governed by the laws of and King County, Washington without giving effect to any principles of conflict of laws as if all parties were residents of such jurisdiction. The sole and exclusive venue for any action arising under this Agreement will be the provincial and federal courts sitting in King County, Washington and you hereby submit to the jurisdiction and venue 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 shall be binding on, inure to the benefit of, and shall 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. In respect of issues of privacy of users and the use of user information, the parties agree to comply with the relevant laws of the jurisdictions governing the individual users, and the respective parties hereto. The parties hereby waive any constitutional, statutory or common law right to trial by Jury.

19. Email is the primary mode of correspondence between the program and you. It is your responsibility to;
(a) Ensure that the email address provided in your account details is current and accessible; and
(b) Take all steps necessary to ensure that correspondence is not blocked or filtered for any reason. Correspondence from the Affiliate Program is typically sent from support@adultcartel.com but may be sent from any address at the adultcartel.com domain

20. Forms of Promotion. As the owner/operator of a website, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text to Affiliate Program approved websites, however, you CANNOT use UCE (Unsolicited Commercial Email or SPAM). Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited email program will result in your immediate termination from the Affiliate Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain the Affiliate Program's or affiliated website's trade names, service marks, and/or logos for display on your website(s). Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such links and other designated promotional materials for placement on your website(s) for the sole and exclusive purpose of promoting Affiliate Program approved websites. In utilizing the links, you agree that you will cooperate fully with us in order to establish and maintain such link or links. A link may only be visually modified with our consent.

21. Insufficient Activity. If, as a participating member, you fail to send sufficient traffic (i.e., unique visitors) to the Affiliate Program for any consecutive sixty (60) day period, we reserve the right to terminate your membership in the Affiliate Program. If your membership is terminated for this reason, you may apply for a new account.

22. Supervening Events. Neither party shall be liable for delay or failure in performance resulting from acts beyond the control of that party or those or whom it is responsible in law, including but not limited to acts of God, acts of war, riot, fire, flood, or other disaster, acts of government, strike, lock-out, communication line or power failures, failure, inoperability or destruction of the Site or its components unless by reason of the negligence of a party to this Agreement, its employees, agents, contractors, subcontractors, or others for whom it is responsible in law.

23. Survival. Notwithstanding the date of termination of this Agreement, unfulfilled obligations of a party shall continue until fulfilled, or until waived by the other party. All confidentiality obligations shall survive the termination of this Agreement.

24. Entire Agreement. This Agreement constitutes the complete and entire expression of the Agreement between the parties with respect to the subject matter hereof, and shall supersede any and all other Agreements, whether written or oral, between the parties and all waivers hereunder must be in writing and may be amended only by a written Agreement executed by an authorized representative of each party.

25. You may terminate your account at anytime by advising us by email at: support@adultcartel.com
We reserve the right to terminate any agreement at our sole discretion. Any questions regarding this agreement should be directed to: support@adultcartel.com

 
     
  Sign Up | Affiliate Benefits | Program Owners | Websites To Promote | FAQ | Resources | News Copyright © 2000-2007 Cartel Ventures LLC