Upon entering into this Agreement, Affiliate understands and acknowledges that the Live Webcam Content ("Content") being offered by Program is adult-oriented and contains sexually explicit materials. Access to Content is restricted to adults over the age of 18. INTENTIONALLY PROMOTING OR FURNISHING ADULT MATERIALS TO MINORS IS ILLEGAL AND WILL NOT BE TOLERATED UNDER ANY CIRCUMSTANCES. SUCH BEHAVIOR IS BY DEFINITION A MATERIAL BREACH OF THIS AGREEMENT.
In order to participate in the Program Affiliates must:
- Not alter or modify any designs or artwork Glass Global LLC provides to Affiliate.
- Provide Glass Global LLC with a valid user name and password for Affiliates subscription web site permitting Glass Global LLC access to inspect the implementation of Services as long as the Program appears on Affiliates web site.
- Affiliate understands that the content requested is adult in nature and agrees not to furnish it in any way to minors and further agrees to verify the age of viewers before viewing where required by law.
- Any breach of the terms set forth in this paragraph 2 and its sub paragraphs, shall be considered to be a material breach and will result in Affiliates immediate termination from the Program and Affiliates forfeiture of any unpaid revenue share.
Affiliate warrants and represents that they own or operate a lawful and otherwise valid Internet web site/Marketing Techniques. Affiliate further represents that they have the requisite power and authority to enter into this Agreement. Affiliate also warrants and represents that they are at least 18 years of age and that performance under this Agreement does not and will not constitute a breach of any existing contract or obligation undertaken by Affiliate; and that there are no outstanding orders, judgments, decrees, rules or regulations which would preclude Affiliate from entering into this Agreement. Affiliate agrees to indemnify Glass Global LLC and its shareholders, officers, directors, employees and agents against any loss, damage or liability (including reasonable legal fees) which result from Affiliates acts or omissions or from the use of any Content or other Glass Global LLC materials not expressly authorized by this Agreement.
Glass Global LLC provides its services "as is" and makes no warranties, either expressed or implied, with regard to the performance of the link or the Content of Glass Global LLC's web site(s); Glass Global LLC expressly disclaims any warranties, including that of merchantability or fitness for a particular purpose with respect to the Program, and Affiliate acknowledges that no representation or warranty has been made with respect to any income which Affiliate may or may not receive under this Agreement. Glass Global LLC shall not be held liable to Affiliate or any other person or entity, including users of Glass Global LLC's services, for any losses, injuries or damages of any kind, arising from or in conjunction with any mistakes, omissions, delays, errors, or interruptions in the transmission or receipt of Glass Global LLC's services or Content. Glass Global LLC is not liable for any direct, indirect, or incidental or consequential damages, including loss of business, loss of profits and the like.
Affiliates share of gross revenues generated by the Content shall be outlined in the following subsections. For specific details about the program itself, please visit the following website www.glasscash.com, Glass Global LLC shall be responsible for the accounting and disbursement of revenues. Disbursement to Affiliate shall be within 5 calendar days after the end of each pay period.
- The Conversion Sale shall be defined as the first purchase made by a customer of any pay-per-view package. By definition there is a maximum of one Conversion Sale per customer.
- Fees: There is no cost for this program.
- Exceptions: No commission shall be paid on the following:
- Purchases charged back by the customer
- Purchases refunded to the customer
- Any purchases or portion thereof for which Glass Global LLC was not paid or was unable to collect payment from the customer.
- All purchases made after the Termination of this Agreement.
- If Glass Global LLC should at it's sole discretion deem necessary, 10% of each disbursement will be withheld by Glass Global LLC to cover any credits, charge backs or reversals that may occur directly from minutes purchased by Affiliates referrals. The withholding shall be reimbursed to Affiliate after three (3) months less disbursements that were credited, charged back or reversed.
- Glass Global LLC reserves the right to withhold disbursements in order to reimburse itself for commissions already paid on exempted purchases (as defined in paragraph 5.5) and in excess of sums previously withheld (as defined in paragraph 5.6).
- All figures are expressed in US dollars.
- All commissions are paid in US dollars.
Term and Termination of Agreement
- The term of this Agreement shall be indefinite. Both parties reserve the right to terminate this Agreement at any time, without cause. Delivery of notice by Glass Global LLC via e-mail to the address provided by Affiliate in the Program application form shall be considered sufficient notice to Affiliate. Delivery of notice by Affiliate via e-mail to affiliates@Glasscash.com from the address provided by the Affiliate in the Program application shall be considered sufficient notice to Glass Global LLC. Ceasing business transactions by either party without notice shall be construed as termination without notice and is by definition a material breach of this agreement.
- Upon termination of this Agreement, Affiliate shall immediately cease using Program's marks and remove Program's banner(s) from Affiliates web site or other Internet entity.
- Any warranties, indemnities and obligations, which by their nature are designed to survive termination, shall extend beyond the termination of this Agreement.
- Upon termination of this Agreement, Affiliate shall be entitled to all unpaid commissions (as described above) earned prior to the date and hour of termination. However, Affiliate shall not be entitled to receive commissions for any transactions occurring after the date of termination.
- Glass Global LLC grants to Affiliate the non-exclusive right to place the Content on their Web site.
- The rights granted herein shall be for reasonable, appropriate and lawful use only. Glass Global LLC neither encourages nor condones the misappropriation of celebrity names or images or other trade or service marks for commercial purposes and shall not be responsible for such conduct by Affiliate. In addition, Glass Global LLC specifically forbids the practice of "spamming" (the sending of unsolicited bulk e-mail) as a means of attracting traffic to Site(s). Any site Operator found to be spamming or infringing upon the rights of another person or entity will be dropped without payment from the program.
Glass Global LLC reserves the right to change any aspect of any program at any time for any reason that Glass Global LLC finds suitable.