By using or participating in any one of the Nothing Ventures Inc. (hereinafter: the "Company") affiliate programs (the "Program" or "Programs") You, the user ("You"), are entering into this binding agreement ("Agreement") with the Company and its site called: Enticenetwork.com ("EnticeNetwork", "We", the "Site"). BY PARTICIPATING IN THE SITE AND BY USING THE SITE YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO THIS AGREEMENT AND ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW.
- Some of the content on the Site deals with mature subject matters, human sexuality, and explicit materials. If You are under the legal age of adulthood in Your state or country, if You are bound by Your country's law not to look at sexual material, or You are offended by sexually explicit material, You have no permission to, and should not enter this Site and should immediately leave this site. By using this site, You also agree and confirm that You will not redistribute this material to anyone nor will You permit any minor to see this material, or any other person who might find such material personally offensive. Continuing further means that You understand and accept responsibility for Your own actions, and that You hereby release the Company from all liability relating in any way to You, any actions that You may take or any activities in which You may engage that relate in any way to the Company or use of this Site. Please also note that none of the contents of this, or subsequent pages or links reflect upon the moral attitudes or legal responsibilities of those involved with this server, the Site or the Company, including their contributors, agents, clients or owners. You also verify that You are not accessing this material to use against the Company, the Site's operators, its affiliates or any other person or entity in any conceivable manner.
- You hereby warrant and represent that You are over the age of 18 (21 in AL, MS, NE, WY, and any other location where 18 is not the age of majority), and in all respects You are qualified and competent to enter into this agreement.
- The Site complies with 18 U.S.C. 2257, and its regulations. To the best of The Site's knowledge, all subscribers, hosts, models, actors, actresses or other persons that appear in any visual depiction of actual sexually explicit conduct (as that term is defined in 18 U.S.C. 2256) appearing or otherwise contained in this Site were at least eighteen years old at the time of the creation of such depictions.
The owners and operators of this Site are not the primary producer (as that term is defined in 28 C.F.R. 75.1(c)(2)) of any of the visual content contained in this Site. However, the Site may have copies of a record of the ages of those persons portrayed in any sexually explicit materials on this Site. THE SITE WILL NOT RELEASE THESE RECORDS TO ANYONE OTHER THAT THE ATTORNEY GENERAL OF THE UNITED STATES, OR HIS DESIGNATED REPRESENTATIVE, OR AS OTHERWISE REQUIRED BY OPERATION OF LAW.
- All materials on the Site are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. The Sites' materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without a written permission from the Company. Subscribing to the Site does not grant any express or implied right to You under any of the Site's or its owner's trademarks, copyrights or other proprietary information. No representation is made that the materials available on the Site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
- The Site enables You to share information with other users. You agree not to submit, publish, or display on the Site any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of these Terms and Conditions. You agree not to advertise to, or solicit, other users to buy or sell any products or services through the Site without obtaining their prior written consent. All messages shall be deemed to be readily accessible to the general public. Do not use the Site for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages posted on or emailed through this Site can and may be read by the operators of the Site, whether or not they are the intended recipient(s).
- You hereby represent and warrant to the Site as follows:
- (a) You are legally competent and have full authority to enter into this Agreement;
- (b) You will provide accurate and complete details regarding Your identity and personal details including but not limited to: Your full legal name, address or other required information. You understand that the Site will email You notices about the programs and Your account based on the information that You provide. In case Your information is incorrect and/or misleading, the Site will not be liable to fulfill any obligations that it may otherwise have to You pursuant to these Terms and Conditions.
- (c) You will comply with all applicable federal, state and local laws in the performance of your obligations, including but not limited to regulations regarding: the forbiddance to engage in any activity that is considered spoofing, the forbiddance to send unsolicited emails (spam), the forbiddance to use a misleading header in the subject line of each and every email you send, having a valid removal link on each and every email you send and using a valid "from" address on each and every email that you send. You will comply with all applicable federal, state and local laws, including the United States' "CAN-SPAM Act of 2003", in the performance of your obligations. This includes, but is not limited to, all applicable laws that relate to sending solicited and unsolicited commercial e-mails ("spam"). More specifically, among any other legal requirements, You agree: (i) not to send unsolicited e-mail messages in violation of any applicable laws or Nothing Ventures Inc. anti-spam policies; (ii) to include clear and conspicuous identification of unsolicited e-mail messages as "advertisement" or "solicitation;" (iii) to provide a reply address or other Internet mechanism to permit e-mail message recipients to opt-out of receiving additional e-mails about the Company's products and services; (iv) not to send additional e-mail messages about the Company's products and services to recipients that have opted not receive such messages; (v) to include a valid postal address with unsolicited e-mail messages; (vi) to have a valid "from" address on any e-mail that You send; (vii) not to use a false or misleading header in the subject line of any e-mail that You send; (viii) not to engage in any activity that is considered "spoofing;" (ix) not to engage in any activity that is considered "harvesting"; (x) not to engage in any activity that is considered a "dictionary" attack; (xi) not to use a computer without authorization to send e-mail messages; (xii) not to use header information or engage any activity that fails to accurately identify the computer used to originate the message; and (xiii) not to send unsolicited sexually oriented material without proper warning labels and notices.
- (d) You hereby declare that each and every email address submitted by You, as well as each and every promotion or any other type of email that You send, has originated with a customer of Yours and has not been created or obtained fraudulently. You further commit and declare that all of the emails You send are comply with the requirements of the Company's Anti-Spam Policy, and that You will only send emails to consenting users who have double-opted-in to Your lists.
- You hereby agree that the permission granted to You by the Company to participate in the Program and in the Site may be terminated or revoked at any time for any reason, or for no reason, upon notice from the Site/Company. You hereby agree that upon receipt of such notice You will immediately cease using any materials and/or emails related to the sites on the Program as well as remove all such materials and references to the Company and/or the Site and/or the sites on the Program from Your websites and any promotional, advertising or marketing materials of any kind relating thereto.
Important: Your right to receive commission payments is subject to, and conditioned upon Your complying with all of the provisions of this Agreement and these Terms & Conditions as well as with all the terms of the Company's Anti-Spam Policy. Failure to comply with any of the provisions contained in this Agreement and these Terms & Conditions or with any of the terms in the Anti-Spam Policy will result in termination of Your account and possible forfeiture of Your commissions.
- (a) Payments normally are processed weekly with a one week lag. Payments are made via check, direct deposit and bank wire. You must select one of these options on your Entice Network application. In the event of a delay, for any reason whatsoever, in payment by the Site's third party processor(s) to the Company, the Company shall have such reasonable amount of time after receipt of such payment to make any required commission payments to You. In no event shall the Company be obligated to make any commission payments to You until such time that it receives payment from the Company's processor(s) for referred Sign-Ups to the site referred by You (as defined below).
- (b) In the event that Your account is terminated by the Company, for any reason within the sole and absolute discretion of the Company (including Your violation of any of the provisions of this Agreement and Terms & Conditions and/or the Company's Anti-Spam Policy and/or for Your fraudulent activities and/or for actions enumerated in this Section you agree to forfeit all commissions that You may have earned prior to termination for such violation(s). You shall not be eligible to receive, nor shall the Company be obligated to pay You, any outstanding commissions and You shall not be entitled to receive, nor shall the Company be obligated to pay You, any bonuses.
- (c) In case Your account was granted a bonus of any kind, and Your account was terminated, either by the Company or by You, it is hereby clarified that You will not be entitled to receive the bonus or any part of the bonus.
- (d) The Company reserves the right to change the terms of the Programs, as well as the payment scales, at any time and in its sole and absolute discretion. Any and all changes will be applicable and valid upon posting of the terms on the Site without further notice.
- (e) Only the Company's records shall determine Your eligibility to receive commission payments as well as the amounts of the payments. Under no circumstances shall the Company or any person associated with the Company or Site be obligated to reveal any of its records to You or to any third party, except as may otherwise be required by law.
- (f) The Company shall not be obligated to make any commission payment to You unless and until (i) We can track the subscriber that You refer directly to Your site and (ii) full payment for services is made to the Site by the subscriber that You refer.
- (g) In the event that We determine in our sole and absolute discretion that You are engaged in any fraudulent activity such as participating in the Program in bad faith and/or cheating the Program and/or providing false or misleading information, the Company shall have the right, in its sole and absolute discretion, to cancel Your participation and terminate Your account, in any and all Programs, at any time, without prior notification, and to withhold all Your commissions earnings in the Program(s) in which You participated. You further acknowledge and agree that the Company shall have the right, in its sole and absolute discretion and at any time, to expand or modify what it determines to constitute fraudulent activity. Without limiting the foregoing, possible fraudulent activity shall include in addition to the above and, without limitation, the following circumstances or activities: (i) use or the attempted use of a credit card that is listed in a negative credit card database; (ii) multiple attempts to register or subscribe from a credit card using the same bin number and sequential or multiple number strings to complete the credit card number.
- (h) You understand and agree that any of the following actions by You or anyone under Your control will result in Your account(s) being immediately terminated and all of Your unpaid commissions and earnings being forfeited.
- (a) Only the Company's files and records will determine relevant statistics including but not limited to: Your commission earnings, the number of Your referred Sign-Ups, etc. You must notify the Company, in writing, of any objections or claimed discrepancies, within 15 days of the last pay-period; Your failure to notify the Company in such timely manner shall mean that You have permanently waived any objections or claims that You might otherwise have had.
- (b) Statistic reports will be available only on the current sites. Statistic reports regarding Your commission earnings (prior to the change) from sites that are still a part of the Program, will also be detailed in the statistic table of the site.
- (c) Statistics reports on sites that are no longer a part of the Program will be detailed in the top of the statistic table: Running Total.
NON-ASSIGNABILITY /THEFT OF LOGIN:
You shall not assign or transfer any rights that You may have under this Agreement to any other person or entity. Any assignment, or attempted assignment, by You shall automatically terminate any rights that You or Your assignee may otherwise have under these Terms & Conditions, including but not limited to any rights to the payment of commissions.
You must promptly inform the Site of any apparent breach of security. Until You notify the Company by email or by telephone of any breach in security, You shall remain personally liable for any unauthorized use of the Site or its service caused by You. You shall be personally liable for, and shall defend against, indemnify and hold harmless the Company, the Site and the Site's owner from any and all claims or damages (including loss of profits, loss of property, fines and penalties), losses and costs (including attorneys' fees) resulting from any attempted or actual unauthorized downloading or other duplication whether solely by You, Your agent(s) or representative(s), or through or by any other person or governmental agency due to Your willful or negligent act(s).
Either You or the Company may terminate at any time, and without cause, Your account on the Site, upon notification of the other party by email.
Additional Terms and Conditions:
- (a) You agree to be bound by the Terms and Conditions of the Site, as well as the specific rules and regulations of each Program.
- (c) You acknowledge and agree that the Site makes no guaranties or warranties of any kind with respect to the Programs; that the Programs are provided to You "as is"; and that Your participation in the Programs and use of the Programs, is solely at Your own risk.
- (d) You understand and agree that the Site may, in its sole and absolute discretion, share selected personal information with third parties for data verification and supplementation purposes.
- (e) The Site does not monitor, supervise or review, and shall not be responsible for any content appearing or otherwise distributed on, at or in association with Your website. You hold the full and sole responsibility and liability for the decision to display or include content on Your website, to distribute or make the content available to the viewers of Your website in various geographical areas, and for all decisions relating to the manner in which You permit or restrict access to Your site.
- (f) This Agreement constitutes the entire agreement between You and the Site with respect to the subject matter hereof, and supersedes and cancels all other prior agreements or representations, written or oral.
- (a) THE MATERIALS ON THE SITE AND ITS AFFILIATED SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. CASH OFFERS, OR ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. THE COMPANY, THE SITE AND/OR THE SITE OWNER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE.
- (b) THE COMPANY, THE SITE, AND/OR THE SITE OWNER MAKE NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS OR SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO YOU OR ANYONE CLAIMING THROUGH YOU, YOU SHALL ASSUME THE ENTIRE COST AND RESPONSIBILITY FOR SAME.
- (c) YOU WILL INDEMNIFY AND HOLD HARMLESS THE COMPANY, THE SITE, THE SITE OWNER AND ALL OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES OR EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THE USE OF OR PARTICIPATION IN THE PROGRAM, THE SITE OR THE INFORMATION CONTAINED THEREIN.
- (d) Under no circumstances shall the Site be held liable to You, any affiliate, user, participant and/or other third party for any direct or indirect damages and/or losses, that may arise due to "downtime" and/or unavailability of the Site or the programs.
You are hereby advised that every agreement You enter into, as well as this Agreement, should be reviewed by Your attorney. You acknowledge and agree that nothing herein prevents or deters You in any way from seeking such legal advice before entering into this Agreement.
By using or participating in the Program You are acknowledging that You have read and agreed to all of the terms and conditions, set forth above.
The Site is a 3rd party affiliation program. All of the Site's participants are required to comply with our strict Anti-Spam Policy and are prohibited from sending any unsolicited emails known as "spam", to solicit, promote their site or otherwise attract traffic or business.
If You are on the receiving any of such unsolicited email, please notify us so that We may take appropriate action against the responsible party.
Please note that EnticeNetwork.com itself does NOT allow its affiliates to advertise by email any of the sites appearing in the EnticeNetwork.com programs
Although many times we are not responsible for such emails, we certainly can take action against the violators of our Terms and Conditions and Anti-Spam Policy, and terminate the accounts of spammer.
Please notify us of any spam by sending an email to: firstname.lastname@example.org