LustCash Program Agreement
Please read the following CAREFULLY. This is a legal agreement ("Agreement") between ("Company""we "or" us") and "webmaster/applicant".
The following offer to the applicant is subject to all the terms, conditions, limitations and waivers below. The applicant acknowledges and agrees that by joining the Program, he accepts to be bound by all the terms and conditions in this Agreement.
Acceptance of this agreement:
The following acts show that the applicant is agreeing to be bound by all of the terms, conditions, promises, warranties, duties and obligations set forth in this Agreement and Company is agreeing to become a counter-party to the Agreement, such as:
- By joining any sites operated or owned in whole or in part by the Company.
- By sending traffic in the form of hits; and
- By submitting the sign-up form;
The date of receipt of the agreement is the date of the execution of this contract.
What Rights Are Granted Under This Agreement
The following are the rights granted under this terms and conditions:
- The right to a limited nonexclusive, nontransferable and revocable license to use, access, and download any of the promotional banners, hypertext links, and other promotional materials created by Company for use on your website or websites for the exclusive purpose of advertising, marketing or promoting websites owned, controlled and/or operated by the Company or services provided through Company's website(s); however, the license herein granted shall automatically and immediately cease upon the termination or breach of any term in this agreement.
- The non-exclusive right to direct, refer or send visitors or users of your website to websites owned, operated or controlled by Company.
Definition of Revenue Sharing
Payout is based on the percentage of the total profit that comes out of the collected subscription fees from referred subscribers by webmaster.
Payouts are available via Wire. They are made available monthly every 21st of the month and has a minimum of €100 minimum payout. For any questions, the applicant/user can contact support at any time.
Applicant Warrants to Company
The applicant warrants the following:
- That he will not use any materials other than those advertisements or hypertext ad links which have been pre-approved by Company, in compliance with this Agreement, and which advertise Company or other sites, companies, products or other wide area network addresses which we designate.
- That no reproduction, of the original and of the derivative, shall be made by the applicant at any time, in any place.
- That the applicant will protect the hyperlinks maintained by the website.
- That the applicant will not use any of the following content or materials that could harm the reputation and goodwill of the Company;
- Any material not fully in compliance with 18 U.S.C. Sec. 2257 et seq.;
- Any material which constitutes an infringement, misappropriation or violation of any person's rights of publicity, privacy rights or any person's intellectual property rights, including but not limited to copyrights, trademark and service rights; This includes photos altered to look like celebrities or other private persons.
- Any material which constitutes child pornography or matter which involves depictions of nudity or sexuality by an age inappropriate-looking performer be the performer real or computer generated (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;
- Any material which contains any solicitation for prostitution, or which promotes or facilitates Adult Websites, Incentive Based Websites, Warez Websites or the hacking, cracking or the downloading or trading of unauthorized MP3 audio files
- Any material which is displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors;
- Any material, which is threatening, abusive, hateful, defamatory, slanderous, scandalous or injurious to the reputation of any person or entity;
- Any program, file, data stream or other material which contains viruses, worms, "Trojan horses" malicious java script or any other feature, which takes control of a third parties computer or CPU without their permission. 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; and
- Any obscene material; including without limitation to any material depicting bestiality, rape, or torture, scat.
- That all of applicant’s warranties, indemnities and obligations, which by their nature are designed to survive termination, shall extend beyond the termination of this Agreement.
- That an applicant shall remain in good standing at all times. An applicant in good standing is entitled to receive all of the benefits of the program.
- That the applicant is over the age of eighteen (18) years.
- That the applicant shall maintain program participation.
- That the applicant shall only terminate participation by notifying the Company through email.
- That the person executing this agreement has the authority and is otherwise is entitled to contract on behalf of the entity which owns the rights to the your Website.
- That upon termination of this Agreement you will immediately cease using Company marks and remove any materials supplied to you by Company or referring to Company, including without limitation any banner ads, from Your Website.
- That upon the termination of the program, the applicant shall immediately and permanently cease all use of all materials provided by Company and that all files containing materials provided will be removed from your website.
- That you will supply Company with a Federal Tax ID or Social Security Number when requested, and that the 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 as liquidated damages.
Limitations of Your Participation in the Program
The applicant acknowledges that there are limitations to his participation in the program and the following are the limitations:
- All Program Benefits resources, including, without limitation, all advertising banners, hypertext links, photographic materials, recordings, video, sound, and any other form of intellectual property provided to You by Company as part of this Program shall remain the property of Company 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 by Company in writing.
- Company has the right to cease applicants and any other person's participation in the Program at any time and may do so with or without prior notice or cause.
- Company shall at all times, in its sole and exclusive discretion, have the right to modify and/or terminate the Program and any and all program benefits associated with Program at any time, and may do so with or without prior notice or cause.
- Only persons over the age of eighteen (18) years may participate in the program.
- This agreement and the rights under it are not transferable and may only be used by applicant in association with participation in the program.
- Webmaster may not promote the Company's products as anything to do with P2P, file sharing, or related terms such as "Napster".
There is nothing in this agreement that shall be construed as a grant or assignment of any rights in intellectual property. All of the rights, trademark and intellectual property including marks, trademarks, service marks, and the like shall be under the exclusive right and jurisdiction of the Company and any of its subsidiaries.
A "referral" from Your Website entitles an individual to a "referral fee".
The term referral shall mean any of the following:
- Authorized Link user - A person who has been directed to a website controlled or operated by Company through the use of a banner ad or hypertext link supplied by Company as part of the Program that resides on your website and which automatically connects any person who clicks on said Authorized Link to a Company website; and
- Advertiser - A person who, after having been directed to a website owned or operated by Company through the use of an Authorized Link, clicks through to an Advertiser listed on Company's website.
All of the referral fees are payable in the following currency: United States Dollars or Euros.
The individual further acknowledges the following rights of the Company:
- That the Company shall have the right to deny or withhold payment from applicant and to terminate applicant from the program if the Company determines that applicant has directly or indirectly engaged in, or encouraged fraudulent activity.
- That the Company shall have the right to terminate the program at any time, for any reason, or for no reason at all, in its sole and absolute discretion.
- That the Company shall have the right, in its sole and exclusive judgment, to determine what constitutes fraudulent activity and whether conduct directly or indirectly constituted or encouraged fraudulent activity. The Company's determination that fraudulent activity has or is occurring shall be conclusive as to that issue.
No Joint or Collaborative Venture; No Monitoring or Control of Your Content by Us
It is understood that nothing in the Agreement is intended to create a joint or collaborative venture or partnership of any kind between Company and Applicant.
It is also understood that nothing in this Agreement be construed as forming kind of relationship joint or collaborative venture or partnership between Applicant and Company its employees, agents or assigns.
- The applicant acknowledges that the Company has no control, direct or indirect to any kind of presentation and the manner of creation of such presentations uploaded in the Sites.
- The applicant acknowledges that neither Company nor any employee, associate, agent, assign or successor of Company 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 applicant shall be solely responsible for any legal liabilities or consequences resulting from the dissemination of that content on or through your Website.
- The applicant agrees that he shall have no financial or other interest in Company or any property owned by Company, its affiliates, agents, successors or assigns.
- The applicant agrees that the Company shall have no control nor ownership interests of any kind in applicants business or Website.
- The applicant agrees that the relationship with Company shall be restricted to matters pertaining to the Program exclusively and shall be governed entirely by the terms and conditions of this Agreement.
Company makes no guarantees or warranties of any kind
The company makes no guarantees or warranties of any kind with respect to the program and all the materials are provided in an “as is, where is” basis.
The use of the program and the associated materials without compliance to any of the limitations set forth in this document is solely at the risk of the user. The Company disclaims all kinds of 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 as part of this Program.
Company Limited Liability and Liquidated Damages
Under no circumstances shall any of the following be liable for 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 Company website;
- Its employees;
- Independent contractors;
- Assigns; and
Notwithstanding the above provision, you acknowledge that should the company be judged liable for damages, the amount of liability is limited to the amount of the referral fee and shall not, in any way, exceed such amount.
No Representations of Success or Profitability
You acknowledge that the Company or any person affiliate to the company did not make any representation about the following:
- Applicant agrees that such program is not a franchise or other business opportunity and agrees that such program does not fall within any such act or law. Specifically, these terms and conditions are not by their definition an offer or business opportunity. You further expressly agree not to raise any claim of any kind against Company and you agree to hold Company harmless from any claim of loss to you directly or indirectly resulting from your decision to participate in the Program pursuant to this Agreement.
- The existence, non existence, size or any other characteristics of any market for any products or services which involve your participation in the Program pursuant to this Agreement.
- The possibility or likelihood that use of any products and/or services provided by Company 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
- The potential profitability or likelihood of success of your participation in the Program as set forth in this Agreement or otherwise;
No Monitoring or Supervision Provided By Us:
The company shall not monitor your website and you agree to use the contents of our Sites based on the agreed terms and conditions. The Sites are not to be held liable in case of data breaches and all other issues not associated with the content that we provide.
We reserve the right to remove our content at any time should the circumstances show that the applicant is using our content for purposes other than those provided for in our legal agreements.
Term and Termination of Agreement
Both parties acknowledge that the agreement can be terminated at will.
In the event of termination, the applicant is 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 by Company after the date and time of termination.
Entire Agreement; Modification; Assignment
This Agreement constitutes the entire agreement between Applicant and Company with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral.
Changes to the Agreement: The applicant agrees that the Company has the right to change the terms and conditions at any time without notice.
Non-assign ability: The applicant agrees that all promises, obligations, duties and warranties made by applicant in this Agreement are personal to applicant and that neither they nor any benefits hereunder may be assigned by applicant to any other person or entity.
Applicant acknowledges and agree that the failure of Company 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.
You agree that Company may at any time, and without prior notice to you, freely assign all or part of its duties, obligations and benefits hereunder.
Arbitration; Choice of Law
This Agreement shall be deemed to be mutually drafted for purposes of construction of this Agreement, both Company and you shall be deemed to have mutually drafted this Agreement and all parts thereof.
Any dispute arising from the interpretation, performance, or use of this Agreement shall be resolved through arbitration.
Both parties agree that the following rules apply during the Arbitration:
- Rules of the Spanish Arbitration Association shall apply.
- 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 Spain.
All provisions of this agreement not deemed unenforceable shall survive any unenforceable provision.
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, 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.
Acceptance and Execution of This Agreement
By signing up to LustCash, you are agreeing to be bound by all of the terms, conditions, promises, warranties, duties and obligations set forth in this Agreement and Company is agreeing to become a counter-party to the Agreement. The date of execution shall be the date on which you sign up to LustCash.