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AFFILIATE PROGRAM AGREEMENT This Agreement contains the complete terms and conditions that apply to your participation as a member of the SinglesCash Affiliate Program (the "Program") (hereinafter, "Company," "we" or "us). As used in this Agreement, "you" or "your" means the applicant/participating member. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY CLICKING ON THE "ACCEPT" BUTTOM AT THE END OF THIS DOUCMENT 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 AGRREMENT AND 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 HEREOF.
***See Addendum A relating to Can Anti-Spam Act, attached hereto ADDENDUM A
ALL AFFILIATION PROGRAM PARTICIPANTS THAT SEND COMMERCIAL E-MAILS AND SEXUALLY-ORIENTED E-MAILS
SOLICITED COMMERCIAL E-MAILS. ANY UNSOLICITED COMMERCIAL E-MAIL ADVERTISING THE COMPANY'S PRODUCTS AND SERVICES MUST INCLUDE THE FOLLOWING: ALL COMMERCIAL E-MAILS. YOU ARE PROHIBITED FROM SENDING ANY SOLICITED OR UNSOLICITED COMMERCIAL E-MAILS ADVERTISING COMPANY'S SERVICES AND PRODUCTS THAT CONTAIN THE FOLLOWING PROHIBITED COMMERCIAL ACTIVITIES. YOU ARE PROHIBITED FROM ENGAGING IN THE FOLLOWING PREDATORY AND ABUSIVE COMMERCIAL ACTIVITIES: THE ABOVE-MENTIONED REQUIREMENTS WILL BE INCORPORATED INTO AND ARE IN ADDITION TO COMPANY'S EXISTING ANTI-SPAM POLICIES AS SET FORTH IN THE COMPANY AFFILIATE PROGRAM AGREEMENT. BY CLICKING THE ACCEPT BUTTON HEREIN-BELOW, YOUR ARE AGREEING THAT YOUR HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN-ABOVE. PLEASE NOTE THAT THE INFORMATION PROVIDED IN THIS POSTING IS NOT LEGAL ADVICE. YOU AND YOUR LEGAL COUNSEL ARE RESPONSIBLE FOR READING AND INTERPRETING THE ANTI-SPAM LAW ON YOUR OWN (CLICK HERE TO ACCESS LINK TO LAW, http://www.spamlaws.com/federal/108s877.html). YOUR COMPLIANCE WITH THE CAN-SPAM ACT IS AN EXPRESSED CONDITION OF YOUR BECOMING AND/OR CONTINUING TO BE AN AFFILIATE OF THE COMPANY. FAILURE TO COMPLY WITH ANY ONE OF THE TERMS OR THE LAW WILL LEAD TO THE IMMEDIATE TERMINATION OF YOUR ACCOUNT. IT BEING UNDERSTOOD THAT IT IS DIFFICULT, IF NOT IMPOSSIBLE FOR COMPANY TO ASCERTAIN THE PRECESE AMOUNT OF DAMAGES IT WILL SUFFER AS A RESULT OF YOUR BREACH OF THE TERMS CONTAINED IN THIS ADDENDUM, IT IS UNDERSTOOD THAT ANY COMMISSION EARNINGS ACCRUED TO DATE MAY BE RETAINED BY COMPANY AS LIQUIDATED DAMAGES IN THE EVENT OF ANY SUCH BREACH. YOU ALSO AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY HARMLESS, AS WELL AS ITS AGENTS AND AFFILIATED COMPANNIES, FROM ANY COST, EXPENSE, LAWSUIT, CLAIM, OR LIABILITY OF WHATEVER NATURE WHATSOEVER ARISING OUT OF ANY BREACH OF YOUR OBLIGATIONS CONTAINED HEREINABOVE. ADDENDUM B
TO: ALL AFFILIATION PROGRAM PARTICIPANTS THAT SEND COMMERCIAL E-MAILS AND SEXUALLY-ORIENTED E-MAILS PLEASE BE AWARE THAT THE UNITED STATES CONGRESS HAS JUST ISSUED ITS FINAL RULE (the "FINAL FTC RULE") IN CONNECTION WITH "CAN-SPAM ACT of 2003" (the "ACT") THAT WILL AFFECT HOW YOU SEND E-MAIL MESSAGES UNDER THIS SITE'S AFFILIATION PROGRAM. WHICH BECOMES EFFECTIVE MAY 19, 2004. ANY PROGRAM PARTICIPANT THAT SENDS COMMERCIAL E-MAILS ADVERTISING COMPANY'S PRODUCTS AND SERVICES TO ANY U.S. RECIPIENT MUST COMPLY WITH THE FTC FINAL RULE WHEN SENDING SEXUALLY ORIENTED EMAILS TO PROMOTE OUR PRODUCTS AS FOLLOWS:
YOUR COMPLIANCE WITH THE CAN-SPAM ACT IS AN EXPRESSED CONDITION OF YOUR BECOMING AND/OR CONTINUING TO BE AN AFFILIATE OF THE COMPANY. FAILURE TO COMPLY WITH ANY ONE OF THE TERMS OR THE LAW WILL LEAD TO THE IMMEDIATE TERMINATION OF YOUR ACCOUNT. IT BEING UNDERSTOOD THAT IT IS DIFFICULT, IF NOT IMPOSSIBLE FOR COMPANY TO ASCERTAIN THE PRECESE AMOUNT OF DAMAGES IT WILL SUFFER AS A RESULT OF YOUR BREACH OF THE TERMS CONTAINED IN THIS ADDENDUM, IT IS UNDERSTOOD THAT ANY COMMISSION EARNINGS ACCRUED TO DATE MAY BE RETAINED BY COMPANY AS LIQUIDATED DAMAGES IN THE EVENT OF ANY SUCH BREACH. YOU ALSO AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY HARMLESS, AS WELL AS ITS AGENTS AND AFFILIATED COMPANNIES, FROM ANY COST, EXPENSE, LAWSUIT, CLAIM, OR LIABILITY OF WHATEVER NATURE WHATSOEVER ARISING OUT OF ANY BREACH OF YOUR OBLIGATIONS CONTAINED HEREINABOVE. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THIS AFFILIATE PROGRAM AGREEMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF. Note: Your Affiliate Program Application will be presented upon accepting this Affiliate Program Agreement.
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