Terms and Conditions
1) Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate 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 written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.
2) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
3) 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 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 Program will not exceed the total referral fees paid or payable to you under to this Agreement.
4) Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
5) Miscellaneous: This Agreement will be governed by the laws of the Netherlands Antilles, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Dutch Antilles. 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 be 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.
6) Spyware: We will refuse all applications or signups from affiliates which we believe participate in spyware, adware or parasiteware techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these practices are in place. Affiliates found in violation of this policy will be immediately terminated from the program and will forfeit all commissions.
7) Promotion: affiliates will only earn fees if they are actively promoting the site to a level deemed acceptable by the operators of HomoactiveCash. If they decide the promotion is not sufficient then they can immediately terminate the affiliates account and no further commissions need to be paid.
8) Payment: where possible we will try to pay via a means acceptable to the affiliate however we reserve the right to pay by any mechanism we wish - transfer, cheque, postal order etc
9) By promoting the sites the affiliate accepts that he has no right or title to any of the images or films. All promotional materials must be credited to www.staxus.com or linked directly to one of our commercial sites.
10) Payment dates on commissions may vary and no compensation can be claimed for late payment. We generally make comisison payments 2 months after the close of the pay out month.
11) If an affiliate account is terminated or suspended Black Diamant reserves the right to withhold the last months payment for six months to cover exposure to credit card chargebacks. The chargeback amounts will be removed from the last payment and then all monies owed will be transferred to the affiliate.
12) All commissions are payable after removal of the applicable taxes (for example BTW, VAT , USA Sales tax) , processing fees (credit card fees, bank charges etc) , all delivery costs, and bonus points. These costs of sale are automatically deducted and affiliates will automatically receive their commission on the remainder.
13) Accounts queries. Due to the high number of accounts queries we will now levy a charge of 50 dollars per enquiry if we have to prove that we have paid your bill. We pay all our bills on time and in the manner requested so if we have paid and it is in your account we need to be recompensed for the effort in showing you that you have in fact received our payment.