Terms & Conditions

Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, affscash agrees as follows:

• We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the "Links") which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, "Media").
• We will pay Affiliate for each Qualified Action (the "Commission"). A "Qualified Action" means an individual person who (i) accesses the Program Web Site via the Link, (ii) is not a computer generated user, (iii) is not using pre-populated fields, (iv) completes all required information within the allowed time period, and (v) is not later determined to be fraudulent, incomplete, unqualified or a duplicate.
• We will pay you any Commissions earned monthly, provided that your account balance is greater than $100. Accounts with a balance less than $100 will roll over monthly until $100 is reached.

• Payment for Commissions is dependent upon Clients providing such funds to affscash. You hereby release affscash from any claim for Commissions if affscash has not received such funds from the Clients.
• affscash shall automatically generate an invoice on behalf of Affiliate for all Commissions payable under this Agreement. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by affscash in its sole discretion.
• If Affiliate has an outstanding balance due to affscash under this Agreement or any other agreement, affscash may offset any such amounts from amounts payable to Affiliate under this Agreement.

Email Campaigns: For all email campaigns, Affiliate must download the "Suppression List" from the Offers section of affscash. Affiliate shall filter its email list by removing any entries appearing on the Suppression List and will only send emails to the remaining addresses on its email list.

Advertising Campaigns: No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by affscash in writing.

Affiliate Network Campaigns: For all Affiliates that maintain their own affiliate networks, Affiliate agrees to place the Links in its affiliate network for access and use by those affiliates. Affiliate agrees that it will expressly forbid any Third Party Affiliate to modify the Links in any way.

Except as otherwise provided in this Agreement or with the consent of affscash, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret.

Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.

We grant you a nonexclusive, nontransferable, revocable right to use the Links and to access our web site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Web Site.

You may not alter, modify, manipulate or create derivative works of the Links or any affscash graphics, creative, copy or other materials owned by, or licensed to, affscash in any way. We may revoke your license anytime by giving you written notice. All rights not expressly granted in this Agreement are reserved by affscash.

This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media and deleting all copies of the Links.

We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you. Upon termination, you will immediately cease all use of and delete all Links, plus all affscash or Client intellectual property.

In addition to any other rights and remedies available to us under this Agreement, affscash reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if (i) affscash determines that you have violated this Agreement, (ii) affscash receives any complaints about your participation which affscash reasonably believes to violate this Agreement, or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement.

You must strictly comply with the federal CAN-SPAM Act of 2003 (the "Act"). All emails sent in connection with the Affiliate Program must include the appropriate party's opt-out link.

From time to time, we may request — prior to your sending emails containing or referencing the Affiliate Program — that you submit the final version of your email to affscash for approval. It is solely your obligation to ensure that the email complies with the Act.

You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Affiliate Program.

You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement.

Subject to the other terms and conditions of this Agreement, affscash represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to affscash's own business operations or affscash's proprietary products or services.

We may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty within such ten (10) business day period.

Your continued participation in this Affiliate Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, affscash may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link.

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Affiliate Program.

Affiliate hereby agrees to indemnify, defend and hold harmless affscash and Clients and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of this Agreement, (ii) any misuse by Affiliate of the Links, Offers or affscash intellectual property, or (iii) any claim related to your Media.

affscash hereby agrees to indemnify, defend and hold harmless Affiliate and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses based on a claim that affscash is not authorized to provide you with the Links.

THE AFFILIATE PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE "AS IS". EXCEPT AS EXPRESSLY SET FORTH HEREIN, AFFSCASH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

AFFSCASH DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET AFFILIATE'S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. AFFSCASH DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.

IN NO EVENT SHALL AFFSCASH BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF AFFSCASH.

AFFSCASH'S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY AFFSCASH IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.

Affiliate shall be responsible for the payment of all attorneys' fees and expenses incurred by affscash to enforce the terms of this Agreement. This Agreement contains the entire agreement between affscash and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral.

Affiliate may not assign all or any part of this Agreement without affscash's prior written consent. affscash may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto.

Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties.