SkinMagzCash.com Terms and Conditions
1. ACCEPTANCE OF TERMS:
By participating in the SkinMagzCash Affiliate Program (the “Program”), you agree to the following Terms and Conditions in their entirety. These terms do not invalidate any other prior written agreement that you may have with SkinMagz, SkinMagzCash, or Blue Light Media LLC, regarding this or any other revenue sharing program. Should there be a contradiction between these terms and those of any written agreement, the written agreement shall have precedence.
2. YOUR OBLIGATIONS:
a) It is your sole responsibility to promote and publicize the Program’s site(s). You agree to use all advertising and promotion means at your disposal to generate the maximum possible number of visitors and sales per month on the Program’s site(s) including, but not limited to, advertising the Program’s site(s) in your site’s banners, newsletters, mailings, emailings, print ads and other such promotional media.
b) You also must comply with all local laws within your state and country. This includes "18 U.S.C. 2257 Record-Keeping Requirements Compliance" policies.
You may send as much traffic as you want to the Program’s site(s) using as many sites and webpages as you wish and posting as many links as you desire. You may use banners and content modules provided to you by the Program. If you wish to use banners of your own design, they must be preapproved by the Program. You may use text links as long as they are a proper description of the Program’s site(s). You may also register your link(s) with search engines or lists, and use popups or consoles. In short, you may use whatever commercially acceptable methods at your disposal to send traffic from your website(s) to the Program’s site(s), provided you comply with all other terms and conditions herein and do not infringe any laws regarding content or copyright.
4. SPAMMING IS PROHIBITED:
You agree to abide by all current State and U.S. Federal laws and regulations regarding spamming. The following practices are prohibited without exception:
a) The marketing of the Program by the transmission of unsolicited bulk email. Bulk emailing must be pursuant to a prior business relationship with the e-mail recipients, including, but limited to, having obtained their email addresses through a verifiable opt-in procedure.
b) The marketing of the Program by the transmission of email that uses or contains invalid forged headers, invalid or non-existent domain names or other means of deceptive addressing (counterfeit email).
c) The marketing of the Program by the transmission of email that is relayed from any third party’s mail servers without the permission of that third party, or which employs similar techniques to hide or obscure the source of the email.
d) The harvesting or collection of screen names from any ISP service for the purpose of sending unsolicited email.
e) The use of “meta refresh” and “forced exit” to force visitors to the Program’s site(s).
f) Posting newsgroup links, IRC & chatroom messages, and any other practice that could damage the Program’s reputation, or expose the Program to legal liability.
Failure to comply with these rules will result in the immediate termination of your account and forfeiture of any funds owed to you.
5. UNACCEPTABLE CONTENT:
Links to your site or the Program’s site(s) from and to any site that contains or promotes illegal content, such as child pornography, depictions of bestiality or rape, pirated content or software, passwords, or that infringes on the rights of any third party (including, but not limited to, copyrights, trademarks, privacy rights, or other proprietary or personal rights), are strictly prohibited.
6. AFFILIATE CODE:
You will receive an Affiliate Code and instructions on how to format links to the Program’s site(s). You will only get credit for sales that can be automatically tracked through links/URLs as the Program supplies them to you. You will not receive credit if customers order by phone, fax, mail or enter the Program’s site(s) by any other means than through your links/URLs.
You must restrict access to the Program’s site(s) and/or links to the Program’s site(s) from (a) jurisdictions where adult material is illegal, and (b) minors.
8. LEGAL AGE:
You must be at least 18 years of age, and must have reached the age of majority in your local jurisdiction to participate in the Program.
a) You are paid 25% of net revenue generated from your qualifying referral s. A qualifying referral which entitles you to a commission is defined as a person who has been directed to the Program’s site(s) through your links and who makes a purchase on the Program’s site(s) within 30 days of the referral.
b) You will continue to be paid 25% of all net revenue generated by that referral for as long as the person remains a customer of the Program's site(s)
c) Net revenue is defined as gross revenue less applicable taxes, chargebacks, and refunds.
10. PAYMENT SCHEDULE:
Payments will be mailed to you monthly no later than 30 days following the previous month's activity. All payments are made in US Dollars. Payments are only made when the combined amount due is $100.00 USD or more. When less than $100.00 USD has accrued in a single month, the amount owed is carried forward until the combined amount due is $100 USD or more. If a product is returned or charged-back by a customer after your commission payment is issued, the corresponding commission will be deducted from the next monthly payment. If there is no subsequent payment, you agree to reimburse the commission upon receipt of an invoice.
Individuals who use the Program’s site(s) and/or any services related to the Program will be deemed customers of the Program. The Program will be the sole owner of all customer information including credit card data, name, address, email address, telephone, etc.
The Program shall not be held liable for any loss of income or loss of profit arising from downtimes due to problems with our network or your website. You agree to participate in the Program at your own risk and not to hold the Program or its directors and owners liable for any damage or loss caused by participation in the Program.
If you are not satisfied with the Program or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate your account and discontinue sending traffic to the Program’s site(s).
14. MISREPRESENTATION AND FRAUD:
You may not use the Program for any other purpose than its promotional design. Any misrepresentation of the Program will be cause for termination of your account. You may not represent that you are a partner or owner of the Program for legal or for any other purpose. Any tampering, misuse or fraud will immediately result in termination, forfeiture of all commissions owing, and prosecution.
The Program retains ownership of and all rights to its names, logos, trademarks, service marks, systems, software, lists, databases, reports and any information created, developed, licensed or purchased by the Program. The Program’s site(s) and all pages within the Program’s site(s) are the property of the Program. However any names, logos, trademarks, and service marks that you own, will remain under your ownership.
You agree that the Program may use your website information for promotional purposes.
17. SUBJECT TO CHANGE:
These rules and regulations are subject to change at any time and the Program reserves the right to change the Terms and Conditions without notice.
18. PASSWORD PROTECTED SITES:
A valid username and password must be provided to the Program upon request, for all password protected URLs directing traffic to the Program’s site(s). The username and password must remain valid throughout the term of the Program.
19. CONTACT INFORMATION:
You are responsible for maintaining current contact and payee information and must inform the Program of any changes within 24 hours. All incomplete information will be deleted from the Programs files and if you provide the Program with an incorrect email address your account will be terminated.
The Program is owned and operated by Blue Light Media LLC. Except as noted, no content can be reproduced, copied, modified, framed, sold, removed, distributed, downloaded, republished, posted, displayed, transmitted, or in any other way exploited, in any form, including, but not limited to, mechanical, electronic, photocopying, recording or in any other form, without express written consent by the Program.
21. INDEPENDENT CONTRACTORS:
You and the Program are independent contractors. Nothing in this agreement shall make either party a partner, joint venturer, representative or any of the other and neither party shall so hold itself out by advertising or otherwise.
22. FAILURE TO COMPLY:
Any failure to comply with any of the Program's rules and regulations will result in the immediate termination of your account and forfeiture of any funds owed to you. The Program will undertake any legal action required to recover funds previously paid and compensation for damages incurred, if any.
23. WARRANTIES AND REPRESENTATION:
You warrant and represent that:
a) You are legally authorized and with full power, able to enter into this agreement.
b) You accept this agreement in its entirely.
c) You are at least 18 years of age, and must have reached the age of majority in your local jurisdiction.
You agree to indemnify, defend and hold harmless the Program and its parent subsidiaries, affiliates, successors, as well as its officers, directors and employees from any and all losses, liabilities, damages, actions, claims, expenses and costs (including attorneys’ fees) relating to the violation of this agreement or the participation in the Program.
25. TAX INFORMATION:
All U.S. citizens must supply a Social Security Number or Federal Tax ID before receiving any commission payments. Anyone providing false information will (a) forfeit all commission payments and (b) have all accounts terminated. You must keep all your contact information accurate and up-to-date.
As an affiliate of the Program you agree to receive any correspondence regarding the Program.
Any provision of this agreement that is illegal, invalid, prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction, and the remainder of this agreement shall not to affected thereby and shall remain in full force and effect and shall be enforced to the greatest extent permitted by law.
The Program reserves the right to cancel your account for inactivity or any other reason at the Program’s sole discretion.
No breach of any of the provisions hereof may be waived except by written notice. No waiver of any breach of any provision of this Agreement shall be deemed a waiver of any other breach of the same or other provision. No failure to exercise any right or privilege shall be deemed a waiver of the Program’s right to exercise a similar or other right or privilege subsequently.
30. GOVERNING LAW:
This agreement shall be construed and interpreted according to the laws of the State of Florida and the laws of the United States applicable hereto, and each party agrees to submit to the jurisdiction of the State of Florida and to accept service of documents relating to commencement of proceedings and actions by certified or registered mail.