FlyHighCash.com
FLYHIGHCASH TERMS AND CONDITIONS:
This Agreement contains the complete terms and conditions that apply to your participation as a member of the "FlyHighCash" Program (the "Program") operated by FlyHighMedia LLC ("FLY"). As used in this Agreement, "we" or "us" means FLY; "you" or "your" means the applicant/participating member.
1. Enrollment in this Program. To begin the enrollment process, you will submit a completed Program Application through our website www.flyhighcash.com. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, "Content Restrictions").
2. Promotion. Utilizing our links on your site as an affiliate website of FLY ("Affiliate Site"), we will make available to you banner advertisements, button links and/or text links to our site (the "Links"), created by FLY containing FLY's trade names, service marks, an/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by FLY. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent. .
3. Free Content. Some Partners may be granted the limited non-exclusive right to use certain FLY content at FLY.s sole discretion, made available to Partners free of charge by FLY (Free Content), for Partners' use in promoting FLY's websites. The free content may be used for the sole purpose of assisting our Partners in promoting our various websites through banners, buttons, links, and thumbnail galleries. Accordingly, the free content cannot appear on any web page unless that page contains a banner or link to an FLY site. You may have other banners or links on the page in addition to FLY, but the FLY banner and/or links must have priority on the page. If FLY determines in its sole discretion that you are using the free content to primarily sell other programs or promote other sites, you will be terminated as a Partner.
Images may not be linked with html or other coding causing people to be re-directed to other websites. Images may not be used in any way for unsolicited corporate email (.Spamming.), or any other type of blatant Spamming, and are meant for use in website publication only. This agreement does not allow you to claim ownership of any of the images. You are not allowed to sell, rent, lease, lend or trade the images online or in any other form of media, without the express written consent of FLY.
All intellectual property rights are retained by FLY. You are hereby indemnified against all intellectual property concerns for the images in this agreement. The Model Releases are guarded by FLY. The directors guarantee that all of the models were over or at the legal age of 18 at the time that the video and/or photographs were taken, and that the models gave their agreement for publishing of the pictures concerned. This guarantee is on our files.
All records required by Title 18 USC Sec. 2257, for this product and all graphical materials associated, are in custody of:
Adam Medici 4004 NE 4th 107-470 Renton, WA 98056
Custodian
Of Records
If your account has been terminated for any reason all images must be removed from your sites immediately
By utilizing these images, you have agreed to the terms outlined above.
4. Commissions. We will pay you a commission ranging from fifty percent to sixty-five percent (50% to 65%) of the revenue actually received by us (after processing fees) from customers who come to us from your Links (the "Commission Rate"). The Commission Rate is subject to change from time to time, with or without notice. Net Income in a given monthly reporting period may be reduced for credit card chargebacks or credit backs resulting from prior months' activities. The tracking and payment of Commissions under the Program is handled by the credit card processor CCBill. Accordingly, the terms and conditions of CCBill regarding such matters shall govern all transactions that are accepted by CCBill. Should any inconsistencies appear between this agreement and those of CCBill, the terms and conditions of CCBill shall control over any provisions in this agreement with respect to transactions processed by these respective processors. Please visit this link for CCBill terms and conditions information www.ccbill.com/servagree.htm. Note that a commission will only be paid if the visitor to our site can be tracked by the system from the time of the Link to the time of the sale. No commission will be paid if the visitor's payment to our site cannot be tracked directly to your site by our system or if full payment for services is not made to us by the customer. At this point in time our system cannot track signups to a secondary processor so credit is given on initial signups only. In the immediate future we will be implementing a system that
5. Commission Payment. Commissions due and owing to you under the Program will be paid to you directly by CCBill. Accordingly, the policies of CCBill regarding the timing of payments, processing fee deductions and chargebacks and related billing matters shall control. Please visit this link for that information www.ccbill.com/servagree.htm
6. Responsibility for Your Site. You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following: - Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or aol customers or otherwise violate the spamming policies of CCBill; - Attempt to cheat, defraud or mislead us in any way; - Misrepresent to the public the terms and conditions of our sites or your sites; - Promote passwords, MP3, or Warez; - Own or operate a website in connection with a person who is under 18 years; or - You operate from a foreign country for which CCBill will not accept accounts.
7. Non-Exclusive Limited License and Use of Affiliate Logos and Trademarks. You grant us a non-exclusive license to utilize your names, titles and logos, trademarks (collectively the "Affiliate Trademarks), to advertise, market, promote and publicize in any manner our rights hereunder. Notwithstanding anything herein to the contrary, we shall not be required to so advertise, market, promote or publicize. You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to us the license to use same in the manner contemplated herein, and such grant does not or will not (i) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the expiration or termination of this Agreement.
8. Term of the Agreements. The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
9. Relationship of Parties. You and FLY are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
10. Modification. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion with or without Notice to you. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
11. Disclaimers. We make no express or implied warranties or representations with respect to the Affiliate Program or any FLY services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
12. Representations and Warranties. You hereby represent and warrant to us 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; and 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 other persons; and neither violate nor constitute a default under the (i) provision of 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.
13. Limitation of Liability. We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
14. Indemnification. You hereby agree to indemnify, defend and hold harmless FLY, 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 us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any representation or warranty made by you herein; or (iii) or any claim related to your site.
15. Representations and Warranties. You hereby represent and warrant to us 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; and 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 other persons; and neither violate nor constitute a default under the (i) provision of 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.
16. Miscellaneous. Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the United States and the State of Washington, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
