Webcams.com

Webcams.com Affiliate Program Terms of Service

Overview

Webcams.com is a provider of online, interactive video, audio, and live content. The Webcams.com Affiliate Program (the 'Program') allows third parties ('Affiliates') the ability to advertise Webcams.com and be paid a fixed commission for referred sales. Please read carefully through these terms through these Terms and Conditions (the 'Terms' or 'TOS') prior to participating in the Program. The Terms constitute a binding legal agreement (the 'Agreement') between Webcams.com and persons who elect to participate in the Program (the 'Affiliates' or 'You').

Eligible Participants

Webcams.com allows any person or entity over the age of 18 to participate in the Webcams.com affiliate program. Any organizations with employees, associates, or staff under the age of 18 are strictly prohibited from participation in the Webcams.com affiliate program.

Webcams.com Obligations Relating to Abuse

Webcams.com does not actively monitor, supervise, or review content contained on Affiliate websites. Webcams.com is not responsible for any content appearing or otherwise distributed on, at, or in associate with an Affiliate's web sites. Further, Webcams.com does not have any control, beyond suspension of participation in the Program for violations, of any Affiliate. Webcams.com makes no representation or warranty and does not assume any responsibility for verifying the accuracy of any claims of third party Affiliates.

Any Affiliate related abuse complaints should be directed to the role account: abuse at webcams dot com .This email address is staffed by a real person and any abuse complaints will be handled very promptly. Webcams.com makes its best efforts to prevent affiliate abuse. However, it is impossible to control the actions of independent third parties and affiliate programs, by nature, are open to abuse. Webcams.com takes every measure it can to prevent abuse but Webcams.com cannot enforce the Terms of Service of third party sites except to suspend affiliates reported to us by those sites. Webcams.com does not actively recruit or otherwise procure affiliates who it knows to be abusive.

Affiliate Rights, Obligations and Responsibilities

Webcams.com grants Affiliates the following specific rights:

1. The non-exclusive right to direct visitors to the Webcams.com website
2. A limited revocable license to access, download, publish, and distribute any digital content made available by the Program for the exclusive purpose of advertising Webcams.com or related sites. RIGHTS TO USE SAID CONTENT IN THE PROMOTION OR ADVERTISEMENT OF WEBSITES NOT OWNED OR OPERATED BY WEBCAMS.COM IS EXPRESSLY PROHIBITED.
3. Webcams owns and retains all right, title, and interest in and to its intellectual property, copyrights, patents, trademarks, digital media, images, and video that can be accessed by downloading it from Webcams’ websites and from within the Program’s affiliate area. Upon termination of this agreement Affiliate agrees to remove any such intellectual property or media from his/her/its’ websites and cease publishing of said media.

Affiliates have the following responsibilities and duties:

1. Affiliate shall only use approved promotional material, advertising, and banner links to advertise the Webcams.com site to potential customers
2. Affiliate shall not use or employ any form of mass unsolicited electronic messages, newsgroup postings, adware, spyware, toolbars, malware, or any other form of 'spamming' for the purposes of directing or referring users to Webcams.com or related sites. WEBCAMS.COM DOES NOT ALLOW ELECTRONIC COMMERCIAL EMAIL PROMOTIONS OF ANY KIND WITHOUT EXPRESS APPROVAL OF WEBCAMS.COM. THIS INCLUDES CAN-SPAM COMPLIANT EMAIL MARKETING. EMAIL MARKETING OF ANY FORM WHATSOEVER IS PROHIBITED. WEBCAMS.COM FURTHER DOES NOT ALLOW ANY FORM OF MASS UNSOLICITED MARKETING WHATSOEVER, INCLUDING MASS INSTANT MESSAGE SPAMMING. EMAIL MARKETING OR SPAM OF ANY KIND WILL RESULT IN IMMEDIATE TERMINATION AND A LIFETIME BAN FROM THE PROGRAM. EMAIL ADVERTISEMENTS OR SPAM SHALL RESULT IN FUNDS BEING WITHHELD. WE RESERVE THE RIGHT TO RELEASE YOUR PERSONAL IDENTITY TO GOVERNMENT AGENCIES AND LAW ENFORCEMENT FOR THE PURPOSE OF ENFORCING SPAM LAWS. THERE ARE NO EXCEPTIONS!
3. Affiliate shall not violate the Terms and Conditions of any other site for the purpose of publishing advertisements for Webcams.com. This includes posting links to Webcams.com on profiles, message boards, or any other similar form of electronic medium.
4. Affiliate agrees to notify Webcams.com, upon request, of any and all URLs where Webcams.com intellectual property might be published by Affiliate on the world wide web, or anywhere else on the internet. Affiliate further agrees that failure to notify Webcams.com of these URL locations is a violation of this agreement and shall constitute a material breach subject to termination.
5. Affiliate shall transmit, broadcast or distribute the material provided through the Program to no one other than consenting adults over the age of majority, but no younger than eighteen years old.
6. All content displayed on any web site containing Webcams.com banners, links, or content must comply with all local laws and community standards. Affiliate is not allowed to advertise or publish links to Webcams.com on any sites that contain any of the following: Material deemed obscene by Webcams.com, including without limitation, materials depicting rape, bestiality, or torture; material not in full compliance with government record keeping provisions or that do not verify the identity and age of any performer depicted in sexual acts; Any material that constitutes child pornography or any material in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations, or material that involves depictions of nudity or sexuality by a performer who is portrayed or made to appear to be a person under the age of eighteen years of age by virtue of the script, make-up, demeanor, costuming, setting, and so forth.; Any material which constitutes an infringement, misappropriation or violation of any intellectual property rights; Any program, file data stream, or other material which contains viruses, worms, or any other destructive feature, regardless of whether damage is intended or unintended, which may cause damage to any computer equipment or inconvenience to any person; Any software considered 'Spyware' or 'Mallware' that forces the installation of programs on a user's computer system.

Affiliate Compensation

Webcams.com shall pay affiliate compensation for each sale to Webcams.com as set forth below:

1. Per Sign Up Payouts: If the affiliate elects to use the 'Per Sign Up' or 'PPS' option the Affiliate shall be paid a flat commission for every successful customer credit card registration. The payout rate is based on the pricing structure that the customer chooses or that the Affiliate offers to the customer. The payout scale shall be published within the affiliate program and is subject to change without notice.
2. Revenue Share Payouts: The Affiliate shall be paid a commission of the gross receipts of every customer that the Affiliate refers to the Webcams.com program based on the percentage rates published on the Program website. The percentages shall be subject to change without notice.
3. Webmaster referral program: Affiliates shall be paid a gross percentage of the earnings of any Affiliates that they refer to the Program. These rates are also published on the Program website and are subject to change without notice.
4. Self-referrals: Affiliates are prohibited signing up through their own affiliate linking code in order to be paid a commission. They are also prohibited from referring friends, colleagues, or related parties. Commission from self-referrals will be withheld.

Affiliate payments are processed on Friday for the prior week's sales by the payment method that the Affiliate chooses. The available payment methods are wire, check, or electronic transfer to a variety of third party payment companies.

The Affiliate is not entitled to commission for any customer referred in violation of the terms of this Agreement. This includes customers referred by unsolicited commercial messages or customers referred in conjunction by means of methods that may be considered a terms of service violation of a third party site. Further, the Affiliate is not entitled to commission for any subscription which Webcams.com, at its sole discretion, deems is a result of fraudulent activity. Webcams.com can also, at its sole discretion, scrub or filter a percentage of affiliate sales for the purposes of fraud review before they are paid to the affiliate. Affiliates will be paid for every legitimate sale to Webcams.com. Webcams.com has the right to deny or withhold payment from Affiliate and to terminate Affiliate participation in the Program if the level of chargebacks, refunds, cancellations, or referred customer spending activity is outside or below the average. Webcams.com further has the right to reduce an affiliate's payout if Webcams.com deems sales referred by Affiliate do not permit the standard payout rates.

Affiliate Representations and Warranties

Affiliate represents and warrants that:

1. If the Affiliate is an individual, that he or she is over the age of eighteen years;
2. If the affiliate is an entity that all individuals employed or associated with Affiliate in any way are over the age of eighteeni years;
3. The participation in this Agreement is not a violation of any law in the Affiliate's country, state, or province of residence.
4. The Affiliate will only market Webcams.com within the boundaries of this affiliate agreement.

Taxation and Fiscal Responsibility

Affiliates are responsible for their own taxes in their country of residence. It is solely your responsibility to report any income that Webcams.com distributes to you. Webcams.com is not a tax adviser and does not offer tax advice.

No Partnership or Employee/Employer Relationship

Nothing contained in this Agreement shall create or be deemed to create a partnership, joint venture, or other business combination or venture of any kind between Affiliate and Webcams.com, its subsidiaries, parents, affiliated entities, successors or assigns; Nor shall any term contained in this Agreement constitute or create any agency or employment relationship between Affiliate and Webcams.com. Affiliate is under no circumstances authorized to complete contracts in behalf of Webcams.com. Affiliate is participate in any other affiliate program and is not exclusively bound to the Webcams.com Program.

Webcams.com has no control over, contractual obligation, nor ownership interest in Affiliate or Affiliate's web sites and Affiliate has no financial or other interest in Webcams.com, its subsidiaries, affiliated entities, successors, or assigns. As such, Webcams.com is not responsible for providing any benefits to Affiliate, including but not limited to, worker's compensation insurance, health insurance, liability insurance, and so forth.

No Content Control, Monitoring, or Supervision

Webcams.com does not monitor, supervise, or review content contained on Affiliate's Web Sites nor does Webcams.com monitor the marketing methods of its Affiliates. Webcams.com is under no circumstances responsible for any content appearing or otherwise distributed on, at, or in association with Affiliate's web sites. Webcams.com has no control over any material appearing on an Affiliate's web site except to the extent that Webcams.com can limit participation in the Program for TOS violations. Webcams.com has 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 Affiliate except as specifically set forth in this agreement. Affiliate is completely free to participate in the Program in any manner or method that the Affiliate chooses so long as it does not violate this TOS or any laws or government regulations.

No Warranty or Guaranty

Webcams makes no guaranty 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 Affiliate “as is”, and use of the Program and associated materials is solely at Affiliate’s risk. Webcams disclaims all warranties, either express or implied including, but not limited to, warranties of merchantability and fitness for a particular purpose with regard to the Program and any and all materials of every kind supplied to Affiliate as part of this Program. Webcams cannot and will not guaranty or promise Affiliate any level of success or profitability due to Affiliate’s participation in the Program. Affiliate has unilaterally entered into an Internet Service Business and all risk of loss, cost and expense of Affiliate doing business shall be born Solely by Affiliate.

Force Majeure

Neither party shall be liable for any loss or delay, nor be considered in breach of this Agreement, due to an act of God, fire, natural disaster, terrorist act, strike or other labor stoppage, declaration of war or military intervention, computer system/server failure, network failure, governmental action, or any other cause outside the control of the parties and which cannot be avoided by the exercise of due care.

Limitation of Liability

Webcams.com shall not be liable to Affiliate or any other person for any losses, injuries, or incidental, consequential or other damages, including but without limitation loss of business profits, business interruption, loss of business information, with regard to any link to Webcams.com, or arising from or in connection with this Agreement.

Indemnification

Affiliate agrees to hold Webcams.com and any related parties (the 'Indemnified Parties') harmless from any breach of this Agreement by Affiliate. Affiliate agrees that the Indemnified Parties shall have no liability whatsoever for any actions of the Affiliate that are in violation with this TOS. Affiliate shall also indemnify and hold the Indemnified Parties harmless from and against any and all claims brought by third parties arising out of the Affiliate's participation in the Program.

Modification, Transfer or Assignment

This Agreement shall be subject to change without notice at any time and changes shall become effective immediately. The Affiliate is responsible for reviewing this TOS from time to time to stay up to date with changes or modifications to the Agreement. An Affiliate cannot change or edit this Agreement and any such attempted alteration shall be void and of no effect.

This Agreement shall not under any circumstances by transferred or assigned by Affiliate to any other person without the express permission of Webcams.com. Webcams.com may at any time, in its sole discretion and without prior notice, transfer or assign this Agreement to any other person or entity.

Notices

Notices from Webcams.com to Affiliates may be transmitted by email or by general postings on the Program website. Communications from Affiliate to Webcams.com may be transmitted by email.

All notices to Webcams.com sent by electronic mail shall be to affiliates at webcams dot com

Venue, Choice of Law, Attorney Fees

This Agreement shall be governed by the laws of the Republic of Panama. However, in the event of any dispute arising under this Agreement, the parties agree to submit such dispute to binding arbitration in accordance with the rules of the American Arbitration Association without regard to the amount in controversy or the nature of relief sought; except that the parties waive their right to a trial de novo following arbitration. The arbitrator shall be chosen by the parties and shall be a person who is experienced in electronic commercial law and transactions. If the parties cannot agree on a single arbitrator, each party shall forthwith select an arbitrator of its choice, and the arbitrators thus appointed shall then forthwith select a third arbitrator who shall be deemed Chief Arbitrator. Any final determination of an arbitrator shall be final and binding upon the parties. With further respect to any arbitration arising hereunder, the substantially prevailing party in any such action shall be entitled to its costs and reasonable attorneys’ fees.