Please read the following Terms and Conditions carefully. These Terms and Conditions define the Webmaster Program pursuant to which Earl Miller Photography, Inc. has agreed to pay you to provide Web traffic to a web page or pages to be specified by Earl Miller Photography, Inc. (Earl Miller Cash Target Page(s)).
1. ACCEPTANCE OF TERMS AND CONDITIONS. You acknowledge that You have read, agree to abide by, and accept these Terms and Conditions, which we reserve the right to amend from time to time at our sole discretion. Ignorance of these Terms and Conditions is not an excuse for any violation.
2. MODIFICATION OF TERMS AND CONDITIONS. Earl Miller Cash reserves the right to add to, delete from, or change these Terms and Conditions at any time. ALL ADDITIONS TO, DELETIONS FROM AND CHANGES OF THESE TERMS AND CONDITIONS ARE EFFECTIVE THREE (3) CALENDAR DAYS AFTER BEING MADE, WHETHER OR NOT ACTUAL NOTICE HAS BEEN GIVEN TO YOU UNLESS NOTICE IS REQUIRED ELSEWHERE IN THESE TERMS AND CONDITIONS! You are responsible for reading and complying with any changes that Earl Miller Cash may make to these Terms and Conditions from time to time.
3. ADMITTANCE / TERMINATION. Earl Miller Cash reserves the right to deny YOU admittance into this Webmaster Program, or to terminate YOU from this Webmaster Program at any time for any reason. Also, Earl Miller Cash may terminate this Webmaster Program at any time for any reason. Earl Miller Cash will provide e-mail notification of denial of admittance or of termination. If Earl Miller Cash terminates for any reason other than a violation by YOU of these Terms and Conditions, Earl Miller Cash will pay to YOU any sums that have accrued to YOU under this Webmaster Program as of the date of termination.
4. VIOLATION OF TERMS AND CONDITIONS. Violation of any or all of these Terms and Conditions is grounds for termination and releases Earl Miller Cash from any payment or other obligation to YOU, regardless of whether the payment or other obligation has accrued or has not. In all cases, Earl Miller Cash shall be the sole determiner of whether a violation exists and may act on good faith suspicion alone.
5. AGE REQUIREMENT. In order to participate in this Webmaster Program, YOU must be over the age of 18 or of the legal age to view adult content in YOUR community.
6. UNITED STATES TAXES. United States residents and corporations, and foreign participants who are residents of the United States, are required to provide a completed and signed United States Department of Treasury Internal Revenue Service Form W-9 setting forth information including a United States Federal taxpayer ID Number or Social Security Number. Foreign participants who are not residents of the United States and who are not conducting a trade or business in the United States, are required to provide a completed and signed United States Department of Treasury Internal Revenue Service Form W-8BEN before any payment will be processed. Foreign participants who are not residents of the United States but who are conducting a trade or business in the United States, are required to provide a completed and signed United States Department of Treasury Internal Revenue Service Form W-8ECI before any payment will be processed.
7. PAYMENT FOR VALID JOINS. Earl Miller Cash will pay YOU for valid joins to Earl Miller Cash Target Page(s) from a banner or link posted on web page(s) of YOUR site(s) as follows:
7.1 If YOU elect, upon YOUR initial commitment to this Webmaster Program, either to be paid a flat rate (invite only) for each new membership sign-up sent from your site to Earl Miller Cash or to be paid a percentage share of the initial sale plus any renewed sale(s) sent from your site to Earl Miller Cash.
7.2 If YOU elect to be paid a flat rate (invite only), you will be paid Twenty Five United States Dollars (25 USD) per new membership sign-up sent from your site to Earl Miller Cash.
7.3 If YOU elect to be paid a percentage share, you will be paid 50% of the initial sale and 50% of any recurring sales sent from your site to Earl Miller Cash.
7.4 Earl Miller Cash reserves the right to change the payout calculation at any time with three (3) days written notice to YOU.
7.5 All payments are made by check in U.S. dollars. Payments are mailed 30 days from the end of a calendar month. Payment will only be sent if the amount due to YOU is at least $100. Payment will be carried over from month to month until the amount due to YOU is at least $100. If YOU are a foreign, non United States resident participant, YOU may request that Earl Miller Cash withhold payment until the amount due is $300.00, $600.00 or $900.00 so as to incur lower banking fees.
7.6 YOU agree, by accepting and negotiating payment received from Earl Miller Cash, that the payment received is payment in full for any and all advertising space and traffic for the Pay Period to which the payment applies.
8. BANNERS AND ADS.
8.1 Earl Miller Cash will provide YOU with a selection of banners and ads for use in this Webmaster Program. YOU may NOT create banners or ads for use in this Webmaster Program, unless YOU obtain Earl Miller Cash 's written approval of any such banners or ads prior to usage. There is no compensation for making banners or ads, and Earl Miller Cash reserves the right to post any banners or ads you create for use by other sites.
8.2 YOU are required to post an Earl Miller Cash banner or text link to Earl Miller Cash on each page of your site where content provided by Earl Miller Cash Webmaster Program is displayed. You may post as many additional Earl Miller CashCash banners on YOUR site(s) as YOU wish.
8.3 YOU may NOT use content provided by Earl Miller CashCash Webmaster Program to promote or direct traffic to any site other than Earl Miller Cash.
8.4 Earl Miller Cash retains all copyright and ownership in the banners and ads provided by Earl Miller Cash, including all images therein. During the existence of this Agreement, Earl Miller Cash hereby grants to YOU the right to post banners and ads provided by Earl Miller Cash on YOUR web pages, solely in order to send traffic to Earl Miller Cash Target Page(s). Upon any termination of YOUR participation in this Webmaster Program, this grant of rights shall cease and YOU must immediately remove Earl Miller Cash's banners and ads from YOUR web pages.
8.5 YOU are not authorized to use Earl Miller Cash's names and/or trademarks and/or logos and/or banners and ads for any other purpose.
9. PROHIBITED ACTIVITY.
9.1 Any and all practices that could reflect negatively on Earl Miller Cash are prohibited. All Web traffic sent to Earl Miller Cash Target Page(s) must be voluntary and must originate from a Web page. Misleading text in connection with the banner, forced exit traffic, forced click-throughs, and blind links, are all prohibited. Postings to newsgroups, bulletin boards, clubs, or IRC postings,or other postings, with links to Earl Miller Cash Target Page(s) are prohibited. Links from e-mail are prohibited, whether or not the e-mail constitutes unsolicited commercial e-mail (UCE), commonly known as SPAM.
9.2 YOU are prohibited from sending any Web traffic to Earl Miller Cash Target Page(s) from any Web pages with any content, on the Web page or in its URL, that might infringe the rights of third parties, including but not limited to: warez, password selling or trading, copyright or trademark or other intellectual property infringement, privacy or right of publicity infringement, use of another's name or a variation thereof without express consent. YOU are prohibited from sending any Web traffic to Earl Miller Cash Target Page(s) from any Web pages which violate any laws of a jurisdiction in which YOU or Earl Miller Cash is located, or which contain or promote, in any way, the following: obscene content, child pornography, bestiality, rape, warez, password selling or trading, UCE or SPAM e-mails, copyright or trademark or other intellectual property infringements, rights of privacy or publicity infringements, use of another's name or variation thereof without express written consent.
9.3 YOU are prohibited from placing Earl Miller Cash banners or ads on a "Circle Jerk" site or sending Web Traffic to Earl Miller Cash Target Page(s) from a "Circle Jerk" site. "Circle Jerk" is defined to include, but is not limited to, sites that hide or camouflage their entry button and/or links to their pictures, as well as any effort to hide the site's true content with the intention of tricking or encouraging browsers into clicking on banners.
9.4 YOU are prohibited from displaying Earl Miller Cash Target Page(s) in a frame or similar device for displaying Earl Miller Cash Target Page(s) with other advertising or content.
9.5 YOU are prohibited from using Earl Miller Cash's names and/or trademarks and/or logos and/or banners and ads and/or other intellectual property in any unsolicited commercial e-mail (UCE), commonly known as SPAM. You are similarly prohibited from using Earl Miller Cash's names and/or trademarks including but not limited to the names "Earl Miller", "Earl Miller Cash.com", "Earl Miller Cash", or Earl Miller.com in the url address of your site(s), or the Meta Tag Title of any pages at your site(s), or in a paid placement ad in any search engine.
9.6 If YOU engage in any PROHIBITED ACTIVITY, or in any similar activity or practice to accomplish similar results, YOUR participation in this Webmaster Program will be terminated immediately as a violation of these Terms and Conditions. Earl Miller Cash shall be the sole determiner whether YOU have violated these Terms and Conditions.
9.7 YOU AGREE NOT TO POST OUR PHOTOS TO IMAGE HOSTS
9.8 YOU are prohibited from posting any Earl Miller content other than what is provided and distributed via Earl Miller Cash affiliate programs. You are prohibited from taking any photos or artwork from any Earl Miller site, promotion or advertisement for use at your site.
10. WEB TRAFFIC FROM PASSWORD PROTECTED AREAS. YOU are required to provide a functional username and password to Earl Miller Cash, upon request, for all password protected URLs from which YOU have sent Web traffic to Earl Miller Cash Target Page(s). The username/password combination must remain functional throughout YOUR participation in this Webmaster Program.
11. NONRESPONSIBILITY FOR TECHNICAL PROBLEMS. Earl Miller Cash will not be held responsible for any loss to YOU that is caused by computer server downtime resulting from complications with YOUR or our hosting equipment or technical errors.
12. ENTIRE AGREEMENT. These Terms and Conditions, along with the information provided by YOU about YOU and YOUR site(s), shall constitute the entire agreement between YOU and Earl Miller Cash. The date of execution shall be the date on which YOU submit to Earl Miller Cash all identity, contact (address, telephone, fax, e-mail) and tax information requested by Earl Miller Cash.
13. APPLICABLE LAW; ARBITRATION. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, United States, which are applicable to contracts entered into and to be fully performed therein. Any dispute, controversy or claim relating to this contract shall be settled by arbitration in the City of Los Angeles in accordance with the rules and regulations governing commercial arbitration promulgated by the American Arbitration Association before a neutral arbitrator(s) (i.e., individuals who, to the best of either party's knowledge, do not have a bias in favor of, or against, either party) having experience in matters involving Internet commerce. The decision of the arbitrators shall be final and binding on the parties, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any arbitration award shall include attorney's fees for the prevailing party.
14. LIMITED LIABILITY. Notwithstanding anything to the contrary contained herein, Earl Miller Cash shall not, under any circumstances, be liable to YOU for incidental, special, or punitive damages, including but not limited to lost profits, even if apprised of the likelihood of such damages occurring.
15. NOTICES. All notices which YOU are required hereto or may desire to give to Earl Miller Cash shall be in writing and shall be given either by personal delivery (which shall include by means of overnight delivery services), fax or e-mail or by registered or certified mail (postage prepaid), air mail if available. Such notices shall be deemed given on the date delivered, faxed, e-mailed, or, if mailed, on a date three (3) business days after the date of mailing if mailed in the United States or five (5) business days after the date of mailing if mailed outside of the United States. Until further notice, notices given to Earl Miller Cash & Earl Miller.com shall be given as follows: Earl Miller Cash, 21443 Celtic Court, Chatsworth, CA 91311 or via email. Notices given to YOU shall be given to the contact information (address, fax, e-mail) provided by YOU upon committing to this Webmaster Program, or such subsequent contact information YOU provide in writing to Earl Miller Cash with receipt acknowledged.DO NOT HESITATE TO CONTACT US AT firstname.lastname@example.org FOR ANY REASON, WE ARE HERE TO HELP YOU!