General Terms and Conditions for the rampantcash affiliate program.
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SKYCAST B.V. WHO ARE THE OWNERS AND OPERATORS OF THE RAMPANT.TV WEBSITE AND IT’S AFFILIATE PROGRAM RAMPANTCASH.COM
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
- This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in the rampantcash.com Affiliate Program. The purpose of this Agreement is to allow the affiliate (YOU) to promote the rampantcash.com affiliate program in exchange for monetary reward as set down and detailed in the various promotions in appendix 1.
- Agreement, "we," "us," , "our"and “the program” refer to rampantcash.com, and "you," "your," and "yours" refer to you as the affiliate.
2. Affiliate Obligations
- 2.1. To join the program you will complete and submit your company details on the rampantcash join form. The information that you provide must be truthful and wholly accurate. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application and rampantcash account if we determine that your websites or promotional methods are unsuitable for our Program. We reserve the right to re assess your account at any time and we will close non-compliant accounts and withhold revenues should your account not operate within these terms and conditions.
The following non-exhaustive list states some of the types of websites and content which will not be allowed in this program.
- 2.1.1. Sites which use illegal or morally questionable content or methods.
- 2.1.2. Sites which show, promote, or encourage any of the following : violence, rape, non-consensual acts, cruelty to persons or animals, sex with minors, implied sex with minors, suicide, torture, illegal drugs.
- 2.1.3. Sites which promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- 2.1.4. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
- 2.1.5. Includes "rampant tv or rampantcash or rampant.xxx" or variations or misspellings thereof in its domain name
- 2.1.6. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
- 2.1.7. Contains software downloads that the user has not requested.
- 2.1.8. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are rampant.tv or any other affiliated business.
- 2.1.9 Sites which promote or profit from prostitution or escorting.
- 2.2. As a member of the rampantcash Affiliate Program, you will have access to Affiliate Account Management area. Here you will be able to review our Program’s details, download links and promotional materials, and other affiliate tools which we may provide. All such tools will contain the correct tracking code for your affiliate account to ensure that you are correctly credited for all sales generated by your promotional efforts. These tools and the tracking code must not be altered or changed in any way without the written permission of the management of this program. The tools and the creative materials used to create them remain the property of the program. You may not use the said tools for any other purpose than the promotion of this program.
- 2.3. Rampantcash reserves the right, at any time, to review your placement and approve the use of said tools and require that you change the placement or use to comply with the guidelines provided to you.
- 2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
- 2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, video, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of any countries law or any third party rights.
- 2.6. By hosting a Rampant Cash iframe on your site you hereby agree that no other services will be present or promoted on the same page as a firecall player. This includes other iframes, ads for cam sites, premium rate services, dating or players from other babeshow products. Your site also must not refer to our perv or Pervcam services.
3. Rampantcash.com Rights and Obligations
- 3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the rampantcash.com Affiliate Program.
- 3.2. Rampantcash.com reserves the right to terminate this Agreement and your participation in the Affiliate Program immediately and without notice to you should you commit fraud in your use of the rampant.tv Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, this program shall not be liable to you for any commissions for such fraudulent sales.
- 3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
- Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
- We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and rampantcash.com promotions or Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the rampantcash.com Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
- Payments are at the sole discretion of the program. You will be paid the agreed amount for each qualifying sale when all of the pertinent qualifying criteria for that particular promotion have been met. We reserve the right to change which and modify any of the promotions at any time. We also reserve the right to move your account to a different promotion.
7. Grant of Licenses
- 7.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the rampantcash.com Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of rampantcash.com and the good will associated therewith will inure to the sole benefit of rampant.tv and rampantcash.com. On termination of this agreement this license is revoked.
- rampant.tv MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING rampant.tv SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF rampant.tv ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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.
9. Representations and Warranties
You represent and warrant that:
- 9.1. 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;
9.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
- 9.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
10. Limitations of Liability
- WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL rampant.tv'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
- You hereby agree to indemnify and hold harmless rampant.tv and rampantcash.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
- All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
- 13.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the program or rampant.tv. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
- 13.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
- 13.3. This Agreement shall be governed by and interpreted in accordance with the laws of the Netherlands.
- 13.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
- 13.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
- 13.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
- 13.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
The promotions effective date 1/1/2014
1. Pay Per Lead
- Get $10 when your surfers take the free offer (no credit card required). Payable for each surfer that calls the free mins number. (Email Verify Required. 14 day cookie)
- Each payment made under this promotion must satisfy the following criteria.
- The account must register and validate a valid email address.
- The account must use the free minutes of talk time allocated to it.
- Sales under this promotion with be monitored. If we feel that your traffic does not produce further sales we reserve the right to restrict your account to revshare promotions.
- Get paid $100 for each surfer that adds funds to their account. (14 day cookie)
- This is a one off payment.
3. 30 Day Revshare
- Get 45% rev share for 30 days after your surfer's first spend.(30 day cookie)
- This payment applies to all spend by your allotted user of the site.
4. Program Rev Share
- 25% rev share for the lifetime of the program. Big payouts when you catch that whale! (Lifetime cookie)
- This payment applies to all spend by your allotted user of the site.
5. I Want It All
- Receive $5 for each unique surfer who uses the free minutes offer and receive 15% of their call revenues for the lifetime of the program.