TERMS OF SERVICE
Effective Date: Nov 27, 2022
Last Updated: May 4, 2022
These Terms of Service (the “Terms”, the “Agreement”) are a binding agreement between you (“you”, “Affiliate,” and/or “Participant of Affiliate Program”) and the operator (“FapCash”, “Company”, “We”) of https://fap.cash/ (“Website”) with respect to your participation in the FapCash Affiliate Program (“Affiliate Program”). We provide you the possibility to participate in our Affiliate Program on the following terms and conditions:
I. GENERAL PROVISIONS
1. ACCEPTANCE AND ELECTRONIC SIGNATURE
1.1. By becoming an Affiliate of FapCash, you are entering into this binding Agreement with the Company and confirming that you have read, understand, and accept this Agreement and agree to be bound by its terms and conditions. You cannot become a FapCash Affiliate unless you accept each and every term and condition contained herein.
1.2. You are not authorized to access the Affiliate Program unless you have signed these Terms. Such signature does not need to be a physical signature, since electronic acceptance of these Terms is permitted by the Electronic Signatures in Global and National Commerce Act (E-Sign Act) and other similar state, national, international and country laws. You manifest Your agreement to these contractual Terms by taking any act demonstrating Your assent thereto. Most likely, You have clicked or will click a button containing the words “I agree”, “Start”, “Sign Up” or some similar syntax or go through the registration process. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract. Additionally, by using any features of our Affiliate Program in any manner, You understand and agree that We will consider such use as Your affirmation of Your complete and unconditional acceptance to all of the terms in this Agreement. The Agreement will be in full force and effect commencing on the date you accept it through any mechanism provided by the Company or by becoming an Affiliate, and will remain in effect until terminated by either party in accordance with the provisions set forth herein.
2. WARRANTIES, REPRESENTATIONS AND COVENANTS
2.1. It is a pre-condition that participation in Affiliate Program is only possible for those who are permitted to enter in legally binding relationships and have all necessary authority to enter into the Agreement. Therefore, if there is any reason why you are not able to enter into legally binding relationships with Us, for whatever reason - do not register as Participant of Affiliate Program.
2.2. You further represent and warrant that you:
2.2 (a) are at least 18 years old or of other legal age, according to your relevant jurisdiction (“Age of Majority"). The Affiliate may not participate in the Affiliate Program in any manner if not of the Age of Majority. If Affiliate is a corporation or any other legal entity, all of its shareholders, partners, officers and directors must be at least the Age of Majority. If at any time, FapCash discovers that an Affiliate or any of its shareholders, partners, officers or directors are under the Age of Majority, the Affiliate's account shall be terminated and Affiliate's money will be forfeited as partial damages for violation(s) of the terms and conditions of the Agreement.
2.2 (b) are provide accurate and truthful information about your own website(-s) which will be used in connection with Affiliate Program (“Affiliate’s Website”). You must be the owner of the Affiliate’s Website, or the individual vested with the authority to enter into contracts on behalf of the entity that owns the rights to the Affiliate’s Website. By becoming an Affiliate, you represent that you are the owner of the website or have authority to enter into contracts on behalf of the person or entity that owns the rights to the Affiliate’s Website. You will be solely responsible for the development, operation, and maintenance of your Affiliate’s Website.
2.2 (c) have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships. You represent and warrant 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 person or entity that has not been obtained by you, and neither violate nor constitute a default under (i) 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.
2.2(d) you are providing us with complete and accurate information. You shall update such information when it changes or when we request it.
2.2 (e) will not participate in Affiliate Program if any applicable law in your country prohibits or will prohibit you at any time from doing so.
2.2 (g) Affiliate acknowledges and agrees that Affiliate’s Website shall be in full compliance with Section 2257 of Title 18, United States Code, the "Records Keeping and Labeling Act" containing all information as required by Section 2257 of Title 18. Affiliate further acknowledges that it has a legal obligation to comply with disclosure provisions of the Records Keeping and Labeling Act and shall identify a custodian of records and address for each and every video and/or image and/or other type of content (if applicable) appearing on the Affiliate's Website and/or comply with all amendments of Section 2257 of Title 18. The Affiliate warrants that all content on Affiliate’s Website shall be compliant with Section 2257 of Title 18 and all models were at least eighteen (18) years of age when content was created.
2.2 (h) have not previously been suspended or removed from participating in our Affiliate Program. Affiliate accounts terminated by FapCash due to a violation of the terms and conditions set forth herein, cannot re-apply to the Affiliate Program without the prior written consent of FapCash.
2.2 (i) are responsible for notifying FapCash of any malfunctioning links or content.
2.3. When taking part in our Affiliate Program, you further represent, agree and warrant, that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct during participation in our Affiliate Program. Without prejudice to the generality of the foregoing, you represent, agree and warrant, that you WILL NOT:
2.3 (a) Use any illegal content to promote any product or website connected to our Affiliate Program in any way nor may you allow advertising for the Company and Affiliate Program to be placed on any websites which condone any illegal activity. Illegal activity includes, but is not limited to, any content and/or activity which may run afoul of any law, rule or regulation in the Republic of Cyprus and/or the location where you are located such as, without limitation and by way of example only, child pornography/exploitation, rape, brutality, incest, bestiality, necrophilia, drugging/incapacitation, blood/mutilation, death, or snuff. The Company may scan any Affiliate’s Websites submitted under the Affiliate Program to ensure that there is no non-compliant content. In the event that we believe, in our sole and absolute direction, that you are promoting the Company and Affiliate Program in violation of this Agreement, your account with the FapCash will be immediately terminated and all moneys which would have otherwise been payable to you hereunder will be deemed surrendered by you in partial payment of the damages for your breach. In addition, as and when FapCash is alerted to any content it considers, in its sole and exclusive opinion, to be questionable FapCash may either terminate you as set forth above or provide you with a grace period as determined by FapCash, in its sole discretion, to remove the objectionable content. You may not send traffic to or cause traffic to be sent from any website that contains illegal material, nor may your website contain any illegal material. Should Affiliate send individuals or cause individuals to be sent from any website, regardless of whether or not such website is owned or controlled by Affiliate, content which contains any illegal content, Affiliate's account shall be terminated without notice and all monies otherwise due to Affiliate will be forfeited as partial damages for violating this Agreement.
2.3 (b) FapCash does not accept traffic from any site that contains materials which constitute an infringement, misappropriation or violation of any individual's or entity's intellectual property rights including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc. If You send individuals or cause individuals to be sent content from any site which constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights, your status as Affiliate will be revoked without notice and your account cancelled and all monies due to You will be forfeited as partial damages for violation(s) of the terms and services of the Agreement. Furthermore, should an Affiliate or Affiliate’s Website contain any material which FapCash, in its sole discretion determines, constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc., FapCash shall revoke the Affiliate or Affiliate’s status without notice and terminate the account and all monies due to the Affiliate will be forfeited as partial damages for violation(s) of the terms and services of the Agreement.
2.3 (c) Engage in any type of “spamming.” No spamming of any kind or in any form, whatsoever, is permitted in relation to Affiliate Program. FapCash does not allow Affiliates to market websites under this program through the transmission of unsolicited bulk e-mails, therefore, it is extremely important that any mass e-mailings by you conform with US Federal Law, CAN-SPAM Act of 2003.
2.3 (d) Participate in Affiliate Program in any manner that could interfere with, disrupt, negatively affect or inhibit other Affiliates from using our Affiliate Program or that could damage, disable, overburden or impair the functioning of Affiliate Program in any manner.
2.3 (e) Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Affiliate Program or to extract data.
2.3 (f) Use or attempt to use another Affiliate account without authorization.
2.3 (g) Engage in any form of deceptive, unfair, and/or false advertising.
2.3 (h) Use Company’s trademarks, logos, images, videos, or other materials for the promotion of any other site, or in any manner inconsistent with the terms and conditions of this Agreement.
2.3 (i) Engage in, display, or promote behavior that is libelous, slanderous, harmful, abusive, threatening, violence-inducing, or hate-oriented.
2.3 (j) Provide FapCash with any false or fraudulent information, including but not limited to personal information and contact details provided when registering as an Affiliate.
2.3 (k) Modify our banners, custom thumbnails and affiliate links.
2.3 (l) Create any derivative works based on our Affiliate Program or any of the materials contained therein, and you agree and stipulate that any and all derivative works are NOT “fair use”;
2.3 (m) Encourage or induce any third party to engage in any of the activities prohibited under this Section.
2.4. Any violation of representation and warrants described in this section and in the entire Terms may result in the immediate termination of your Affiliate status, as well as the other consequences provided for by this Agreement.
2.5. YOU INDEMNIFY AND HOLD THE COMPANY HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE WARRANTIES, REPRESENTATIONS AND COVENANTS OF THIS SECTION AND THE ENTIRE TERMS.
3. ELECTRONIC NOTICES
3.1. Consent to Electronic Delivery. You agree and consent to receive electronically all communication, that FapCash may be willing to communicate to you in connection with your participation in Affiliate Program. You agree that FapCash may provide these communications to you by posting them on the Website. Communications is these Terms refers to all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to you by FapCash or vice- versa.
3.2. Updating Contact Information. It is your responsibility to keep your email address on file with FapCash up to date so that FapCash can communicate with you electronically. You understand and agree that if FapCash sends you an electronic communication but you do not receive it because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, FapCash will be deemed to have provided the communication to you. You waive your right to plead ignorance. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add FapCash to your email address book so that you will be able to receive the communications We send you. If your email address becomes invalid in a such way that electronic communications sent to you by FapCash are returned, FapCash may deem your account being inactive, and you may be not able to receive any payment until We receive a valid, working email address from you.
Company (“We”, “FapCash”) in these Terms refer to the operator of the Website, which is:
4. SUSPENSION AND TERMINATION OF YOUR ACCOUNT
4.1. We may at our sole discretion and as we may deem necessary suspend or terminate your access to our Affiliate Program, delete or deactivate your account and all related information and files in such account without limitation in the following cases:
4.1 (a) We believe, in our sole discretion, that you have breached any material term of this Agreement or the document(s) it incorporates by reference.
4.1 (b) We believe, in our sole discretion, that your actions may cause legal liability for our Affiliates or for the Company.
4.1 (c) We decide to cease our Affiliate Program or to otherwise restrict conditions of our Affiliate Program.
4.1 (d) In case of Force Majeure.
4.1 (e) You haven't logged into your account in over 6-months period.
4.1 (f) Your financial and accounting information is incorrect, and our financial department is not in a position to conduct payment to you.
4.2. Force Majeure Event refers herein to any event beyond our reasonable control, including but not limited to the flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, suspension of bank accounts of any kind, communications, network or power failure, or equipment or software malfunction or any other cause beyond our reasonable control.
5. DISCLAIMER OF WARRANTIES. LIMITATION OF LIABILITIES
5.1. Except as expressly provided to the contrary in a writing by Us, our Affiliate Program is provided on an "As is" and "As available" basis. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR AFFILIATE PROGRAM, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
5.2. You acknowledge that information you store or transfer through our Website may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including but not limited to software failures, protocol changes by third party providers, internet outages, Force Majeure event or other disasters including third party DDOS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Website.
5.3. Affiliate hereby agrees to indemnify, defend and hold harmless FapCash, 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 FapCash (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) Your use of and access to the Website and your participation in the Affiliate Program; (ii) the breach of any promise, covenant, representation or warranty made by the Affiliate herein; (iii) Your violation of any part of these Terms; (iv) Your violation of any third party right, including without limitation any copyright, property, or privacy right or (v) or any other claim related to Affiliate’s Website.
5.4. FapCash shall not be liable for any losses due to server downtime, net congestions and any and all similar and like occurrences or difficulties.
5.5. Except as otherwise required by law, IN NO EVENT SHALL FAPCASH, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR WEBSITE AND/OR AFFILIATE PROGRAM, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY AFFILIATE ON ANY INFORMATION OBTAINED FROM FAPCASH, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FAPCASH'S RECORDS, PROGRAMS OR SERVICES.
5.6. To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FAPCASH (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE WEBSITE AND AFFILIATE PROGRAM, OR ANY PART OF THESE TERMS EXCEED THE TOTAL COMMISSIONS (MONEY) PAID OR PAYBALE TO THE AFFILIATE WITHIN 1 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
6. NO AGENCY RELATIONSHIP
6.1. Nothing in this Agreement shall be construed so as to create a relationship of partners, any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on behalf of FapCash. Affiliate will not make any statement, whether on Affiliate’s Website or otherwise, that would reasonably contradict anything in this section. Affiliate is not an agent of FapCash and FapCash expressly disclaims responsibility for any conduct by Affiliate in violation of this section or other terms of this Agreement.
7. APPLICABLE LAW; ARBITRATION
7.1. Binding Arbitration - If there is a dispute between the parties arising out of or otherwise relating to this Agreement, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding arbitration in accordance with applicable Arbitration Ordinance. Claims subject to arbitration (“Arbitral Claims”) shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by Us under applicable worker’s compensation law, unemployment insurance claims, intellectual property claims (including but not limited to claims involving copyrights, trademarks, patents, unfair competition, and/or trade secrets), along with actions (regardless of the underlying cause of action) seeking injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in the Republic of Cyprus, in a convenient location agreed to by the parties, or absent such agreement, selected by the Arbitrator. The arbitration shall be conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to execute an oath of neutrality.
7.2. The Arbitrator shall have no authority to award any punitive or exemplary damages, certify a class action, add any parties, or vary or ignore the provisions of this Agreement. The arbitrators shall be bound by and apply Cyprus law to any dispute submitted for arbitration hereunder, and this Agreement shall be interpreted in accordance with the laws of the Republic of Cyprus. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
7.3. No waiver of right to arbitration - There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
7.4. No action, regardless of form, arising out of or in conjunction with the subject matter of this Agreement, except for claims involving intellectual property, claims to recover outstanding amounts due to Us and claims for indemnification, may be brought by any party more than one (1) year after the cause of action arose.
8.2. Order of Precedence. In the event of any conflict between these Terms and any other agreement you may have with FapCash, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.
8.3. Amendments. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If We make changes to these Terms, We will provide you with notice of such changes, such as by sending an e-mail, providing notice on the homepage of the Website and/or by posting the amended Terms via the applicable FapCash websites and updating the "Last Updated" date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new Affiliates. In all other cases, the amended Terms will become effective for preexisting Affiliates upon the earlier of either:
8.3 (a) the date Affiliate click or press a button to accept such changes or;
8.3 (b) the date Affiliate continues use of our Affiliate Program after FapCash provides notice of such changes or publishes new version of the Terms on the Website.
8.4. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. If you do not agree to any amended Terms, you must discontinue using our Affiliate Program and contact us to terminate your account.
8.5. No Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
8.6. Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
8.7. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from the Company, including by operation of law or in connection with any change of control. The Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
8.8. Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
II.POSSIBILITIES AND SERVICES OF OUR AFILIATE PROGRAM
9. REGISTRATION OF AN ACCOUNT FOR AFFILIATE PROGRAM
9.1. It is necessary to go through the registration process and create an account with FapCash to be able to use our Affiliate Program in a right order and with its full functionality.
9.2. FapCash reserves the right, in its sole discretion, to limit the number of accounts for Affiliate Program that you may hold, maintain or create. Accounts for Affiliate Program cannot be assigned to any third party.
9.3. When you create an account, you undertake to:
9.3 (a) create a strong password that you do not use for any other websites, online or off-line services.
9.3 (c) provide FapCash with an information of the website, that you want to use in connection with your participation in Affiliate Program. It shall be an Affiliate’s Website where you will place links to our Website and to websites of our partners as may be applicable.
9.3 (d) provide FapCash with an information about the payment method that you want to use to receive payments from us as a part of participation in Affiliate Program. Payment method shall be chosen from available options, and it is our sole discretion to change available payment methods from time to time.
9.3 (e) maintain and promptly update your account information.
9.3 (f) maintain the security of your account by protecting your password and restricting access to your account.
9.3 (g) take responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access to your account, to the maximum extent permitted by law.
9.4. Once you register your account and specify Affiliate’s Website, we take some time to verify your account and Affiliate’s Website. We do not have specific timeframe for such verification process as far as it can take sufficient amount of time. It is our sole discretion to refuse in approval of any Affiliate’s account and/or any Affiliate’s Website due to our internal reasons and without any notice to Affiliate. Without limitation to foregoing we may refuse to approve your account for the following reasons:
9.4 (a) In cases where the domain registration of Affiliate’s Website is hidden or cannot be confirmed the Affiliate applicant will be classified as non-compliant until proof of ownership is provided.
9.4 (b) Affiliates whose websites and URLs are not functional, whose traffic immediately redirects to another website and URL or who do not have content may be considered to be in violation of this Agreement.
9.4 (c) If in our sole discretion we believe that Affiliate’s Website may in any way harm the reputation of the FapCash or may lead to any kind of legal responsibility.
9.4 (d) Any other reason that we may find sufficient to refuse approving of your account and Affiliate’s Website.
9.5. Once your account is approved and active, the Affiliate’s Websites submitted are subject to review and any such review, if undertaken, may result in closure of your account and forfeiture of moneys otherwise due to You if the review reveals that You have violated any term of this Agreement. Furthermore, any additional Affiliate’s Websites that You choose to direct traffic from must be communicated with the FapCash. Failure to do so may result in the suspension and/or termination of your affiliate relationship and closure of your account
10. SCOPE OF AFFILIATE PROGRAM
10.1. The Affiliate Program provides each Affiliate with the ability to earn money for each new Membership Subscription purchase and/or FanClub Subscription purchase and/or Tokens purchase (hereinafter together referred as “Subscription”) made by a new customer if such customer makes a purchase immediately after clicking on an advertisement placed by the applicable Affiliate on Affiliate’s Website and such advertisement contains the Affiliate's unique code of FapCash, often called an "affiliate code". Each such sale, which also complies with all other terms of this Agreement, is referred to herein as a "Valid Subscription". Only subscriptions that do not result in a refund or reversal in the first 24 hours of membership and do not otherwise violate any of the terms of this Agreement shall be considered a Valid Subscription.
10.2. We shall not pay money to Affiliate, if the purchase of Subscription by the customer was made without affiliate code. It is an obligation of the Affiliate to provide customer with affiliate code and we bear no responsibility if purchase of the Subscription was made without such affiliate code.
10.3. After the registration process all Affiliates will get an access to a convenient control panel with the following options:
10.3 (a) Possibility to track Affiliate’s statistics.
10.3(b)Possibility to add/delete Affiliate’s Website and to receive additional information about verification process of Affiliate’s Website.
10.3 (c) Possibility to adjust settings for content and advertising materials, that you may place to the Affiliate’s Website.
10.3 (d) Examples of links.
10.3 (e) Payment information.
10.3 (f) Profile information.
10.3 (g) Any other information that at our sole discretion may be placed in this control panel. Please be advised that we may change the content of control panel at our sole discretion and without notice to you.
11. PAYMENT TERMS
11.1. FapCash is obliged to pay an Affiliate a pre-determined revenue share percentage for all Valid Subscriptions in case such Subscriptions are made in accordance with these Terms.
11.2. The precise amount payable per Valid Subscription shall vary depending on the type of the Subscription and shall be disclosed from time to time on the Affiliate Program website and is subject to change in accordance with the terms of this Agreement.
11.3. FapCash reserves the right to cancel or change the payment methods available to Affiliates, the timing of payments, the minimum referral fees required for payment, and any other payment terms in its own discretion, without prior notice. FapCash will generally provide notice of changes in the payment terms, in the same manner as it provides notice of modifications to this Agreement, but you acknowledge and agree that it is your responsibility to review the website periodically for any changes to the payment terms.
11.4. FapCash reserves the right to specify different revenue share percentage for Affiliates that generates huge amount of Valid Subscription. Such revenue share percentage shall be discussed with each particular Affiliate and is subject to separate negotiation.
11.5. FapCash reserves the right to determine the manner in which payments shall be processed. Payments shall be made on a monthly basis.
11.6. You acknowledge and agree that FapCash is not responsible for any currency conversion charges or fees you may incur as a result, or for any fluctuations in the respective value of any.
11.7. It is your responsibility to determine what, if any, taxes apply to the payments connected with Affiliate Program, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that FapCash is not responsible for determining whether taxes apply to your payments in connection with Affiliate Program and does not act as your tax agent.
12. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS.
12.1. All FapCash Trademarks, Logos, and Affiliate Program materials, including but not limited to all advertising banners, photographic materials, recordings, videos, sounds, and any other form of intellectual property provided to the Affiliate by FapCash as part of Affiliate Program, will remain the exclusive property of FapCash or its licensors, and may not be copied, reproduced, altered, modified, changed, broadcast, distributed, transmitted, disseminated, sold, or offered for sale in any manner except as provided by this Agreement or otherwise expressly authorized in writing and in advance by FapCash. You acknowledge and agree that nothing in this Agreement grants you any right of ownership whatsoever in FapCash’s intellectual property, nor any license to use any of FapCash’s intellectual property except as provided by this Agreement.
13. THIRD-PARTY CONTENT
13.1. While using our Website, you may view third-party content. We do not control, endorse or adopt (unless otherwise expressly stated by us) any third-party content and shall have no responsibility for third-party content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of third-party content, and your interactions with third parties, is at your own risk.
13.2. THE FAPCASH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY-PROVIDED PRODUCT OR SERVICE ADVERTISED ON, OFFERED BY, OR FEATURED ON THE WEBSITE OR THROUGH THE WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE WEBSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.