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By signing up as an affiliate, you certify that you have read and agree to these Terms & Conditions. The
terms herein serve as a legally binding agreement (Agreement) between you (You, Your) and the owner of IconsCash, Firestorm Entertainment,
Inc. (Company)
1) Terms of Agreement
By registering for IconsCash (sponsored by CCBill), you agree to adhere to the terms and conditions set forth herein.
This legal agreement shall last until you or Company terminates your account.
You understand that the prices, services, information, and resources offered by Company are subject to change without
notice. Your failure to comply in full with the Terms and Conditions herein will result in the suspension or termination of your
account, including the forfeiture of your payment balance, at Company's sole discretion.
Company reserves the right to suspend, cancel, and/or terminate your account at any time without prior notice. Failure
to comply with the Terms herein may lead to such action. Company reserves the right to terminate this Agreement by ending the
IconsCash program, subject to a 30 (thirty) day advance notice.
2) Registration
You must be over the age of 18 (21 in some areas) to register for and use the IconsCash affiliate program. You affirm
that all information provided upon registration is truthful and accurate. If there is any change in the information, you must
immediately update it.
3) Limited License for Promotional Materials
Company authorizes you to use specified promotional content solely for the purpose of promoting Company's websites,
products, and services. Such content is owned under U.S. and international copyright law solely by Company. This is a LIMITED
agreement and is not to be construed as a partial or complete transfer, sale, licensing, distribution, or forfeiture of copyright
ownership. Company reserves the right to retract Affiliate's privileges to use Company-owned content at any time.
Content covered by this includes but is not limited to: Brand or domain names (i.e. Import Icons, ImportIcons.com,
iHeartJennyChu.com, etc.), slogans (i.e. "Your Import Sweetheart," etc.), logos, web banners, code, text, photos, videos,
model statistics / trivia / interviews, galleries, color schemes, typography, website layouts, graphics.
Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicenseable
and revocable right and license to (i) direct, refer and otherwise send visitors to or users of your website (as identified in
your completed signup form) to one or more specified websites owned, operated or controlled by Company, and (ii) access, copy
and store the hyper-links, promotional banners, photographs and other promotional materials made available to you by Company on
IconsCash.com exclusively for your use pursuant to the terms and conditions herein and solely in connection with your participation
in the Program ("Authorized Promotional Materials"). YOU HAVE NO RIGHTS IN OR TO, AND MAY NOT USE, ANY COMPANY-RELATED
TRADEMARKS, PHOTOGRAPHS OR OTHER CONTENT OR MATERIALS EXCEPT THOSE MADE AVAILABLE TO YOU UNDER THE FOREGOING LIMITED LICENSE.
ALL USE OF AUTHORIZED PROMOTIONAL MATERIALS HEREUNDER SHALL INURE TO THE BENEFIT OF COMPANY AND SHALL NOT CREATE ANY RIGHTS, TITLE
OR INTEREST IN THEM FOR YOU. COMPANY RESERVES ALL RIGHT, TITLE AND INTEREST IN AND TO SUCH MARKS AND MATERIALS WORLDWIDE. THIS
LICENSE WILL TERMINATE IMMEDIATELY AND AUTOMATICALLY UPON TERMINATION OF THIS AGREEMENT AND YOU WILL BE REQUIRED TO CEASE ALL
USE OF ANY COMPANY TRADEMARKS, CONTENT, PHOTOGRAPHS OR MATERIALS.
4) Linking and Promotional Policies
By registering as an affiliate, you agree to comply with the following policies:
i. You are responsible for the accurate and honest depiction of Company's websites and products. You are also responsible
for the correct and accurate use of the proper code to link to Company's websites.
ii. If you portray Company or Company's websites or products in an inaccurate, demeaning, fraudulent, or false manner,
your account is subject to termination, at Company's sole discretion. Misleading, hidden, blind, or camouflaged links of any kind
are NOT allowed.
iii. You may open a SINGLE new browser window or frame when a link or button is clicked. Multiple browsers, frames,
pop-ups, consoles, loops ("circle jerks"), or repeating versions thereof are NOT allowed.
iv. Exit traffic (sending users to a site/page after they hit the "Back" or "Close" buttons
in a browser) is strictly prohibited.
v. Blind links (links with hidden or misleading destinations) or misleading / fraudulent window status bar changes
are NOT allowed.
vi. You may not engage in illegal and/or unsolicited distribution of promotional media. This includes but is not
limited to electronic mail, bulletin boards, forums, mail, telephone marketing, pop-up ads, dialers, redirects, spyware, adware,
malicious or invasive code or programs.
vii. E-MAIL MARKETING MUST NOT INCLUDE UNSOLICITED E-MAILS. ANY AND ALL E-MAIL MARKETING MUST BE COMPLIANT WITH
THE CAN-SPAM ACT OF 2003-2004. E-mail marketing is also subject to the policies of individual e-mail providers, such as AOL or
Yahoo. It is your responsibility to understand and comply with such policies. All e-mail recipients MUST have affirmatively consented
to receiving promotional e-mails from you. Your e-mails MUST include directions for opting out (unsubscribing) of your e-mail
list. Opt-outs must occur immediately and permanently.
viii. You may not register or create domains, or e-mail addresses that include any trademark or domain owned by
Company, nor anything similar enough to be reasonably confused for a Company-owned trademark.
ix. You may not own, operate, or publish websites or other media containing, referring to, or linking to illegal
or inappropriate material, including but not limited to content involving minors, hate crimes or propaganda, violence, beastiality,
rape, incest, warez, or pirated music / media. Doing so is a direct violation of this Agreement and subjects your account to immediate
termination by Company, at Company's sole discretion.
Compliance with all of the above is required. Again, if you fail to comply with the terms of this Agreement, Company
reserves the right to terminate or suspend your account at Company's sole discretion, without prior notice. Suspension or termination
includes your forfeiture of any payment or compensation due.
5) Payment and Compensation
You earn a 50% commission of all referred initial sales, plus a 50% commission of all rebills, for the entire life
of the referred membership.
All sales figures are tracked directly by CCBill.com. You my use your login to track traffic and sales figures at
any time, at:
https://affiliateadmin.ccbill.com/
Pay periods are on a weekly basis, from Sunday to Saturday. Payments are sent by CCBill directly to you on the second Monday after
the end of a pay period (e.g., nine days after the end of the period). Depending on your geographic location and other factors,
payment may require a week or more for delivery. Payment will only be sent if the amount due to you is in excess of US$25.00.
If the balance from any given pay period is less than US$25.00, and check will not be sent and the balance will be carried over,
until the accumulated balance exceeds US$25.00. Please note that you share CCBill-related fees with Company, and that the fees
will be deducted from each check by CCBill.
You are responsible for the reporting and payment of all applicable taxes.
Disputes over payment and the calculation thereof must be directed to CCBill.
AGAIN, Company and CCBill are NOT responsible for incorrect affiliate link code!
6) Modification
Company may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion. Notice
of any change by e-mail to the e-mail address we have on record for you, or the posting on the IconsCash website 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 IconsCash rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement
by notifying Company in writing. Your continued participation in the Program, following Company's posting of a change notice or
new agreement on our site, will constitute binding acceptance of the change.
7) Relationship of Parties
You and Company 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 Company's behalf. You are not an agent of the Company or any other party in connection with IconsCash
and Company. Company expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
8) Indemnification and Release of Liability
Company is not liable for damage, loss, injury, or claims resulting from:
a) The use or misuse of materials owned or created by Company;
b) Partial or complete website failure due to technical issues;
c) Downtime relating to CCBill.com;
d) Services, websites, products, contents, claims, or other entities linked to/from or advertised by websites owned and operated
by Company;
e) Typographical or other human errors;
f) Illegal actions perpetrated by or associated with you, including but not limited to copyright infringement or 18 U.S.C. Section
2257 compliance.
g) Incorrect links to Company websites which result in miscounted or uncredited sales;
h) Misdirected or lost mail;
i) Lost or destroyed checks;
j) Loss of data;
Company's aggregate liability arising with respect to this Agreement and the IconsCash program will not exceed the
total commissions paid or payable to you under this Agreement.
You are solely responsible for your website. If you promote Company websites in password-protected areas, you agree
to provide Company with a valid password for the entire duration of this Agreement. You are not Company's agent nor that of our
sponsors, and neither Company nor Company's sponsors shall have any responsibility for the development, operation, hosting and
maintenance of your site or for any materials that appear on your site. You are solely responsible for ensuring that materials
posted on your Affiliate Site are not libelous or otherwise illegal, and 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 and the rights of any third party, including copyrights,
trademarks, privacy, or other personal or proprietary rights. You must have express permission to use another party's copyrighted
or other proprietary material.
You hereby agree to indemnify, defend and hold harmless Company, its shareholders, officers, directors, employees,
agents, affiliates, sponsors, 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 Company (collectively the "Losses"),
insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) the breach of any promise, covenant, representation
or warranty made by you herein; or (ii) your performance under this Agreement, participation in the IconsCash program, promotion
of Company websites, or operation of your Affiliate Site.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY REGISTERING AS AN AFFILIATE OF COMPANY AT ICONSCASH.COM,
YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN, AND ARE INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE
PROGRAM AGREEMENT, AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.
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