Terms and Conditions
ManicaMoney Partnership Program - TERMS AND CONDITIONS
The following terms and conditions reflect the obligations of the user identified by the personal data, address and e-mail address specified in the sign-up/registration form (hereinafter referred to as 'you' or 'your', 'affiliate' or 'affiliate member(s)' ) and ManicaMedia when you use ManicaMedia's MANICAMONEY program to promote ManicaMedia's websites. All conditions must be adhered to, and are legally binding. You are responsible for reading and respecting all the conditions defined by ManicaMedia. If the conditions are not respected, your account will be terminated and the payment void. No warnings will be issued, and no reasons or excuses will be accepted.
The following describes the general restrictions and obligations that have to be followed by you, independently of the specific program used by you to promote MANICAMEDIA's websites.
RESTRICTIONS AND OBLIGATIONS:
1. You must be at least 18 years of age (or 21 years of age where 21 is the age of majority in your country/state) to signup or use the Program.
2. The surfer has to click on the banner/text link promoting a specific site from MANICAMEDIA for that site to be loaded. MANICAMEDIA must at all-time be able to track your hits and visit the websites from where the visitors are coming from. All hits must come from your own web page(s). You are not authorized to use MANICAMEDIA's name, URL or anything associated with MANICAMEDIA or its websites outside of your website(s).
3. We grant to you the limited, non-exclusive, nontransferable and revocable license, during the term of this Agreement, to use graphics, including banners, text, audio and visual content and other intellectual properties (hereinafter 'marks') owned by us for the sole purpose of marketing, advertising and promoting Program `s Site(s). The license herein granted shall automatically and immediately cease upon the termination of this Agreement.
4. No SPAM will be tolerated. Should MANICAMEDIA receive complaints due to unsolicited emails sent by or via you, you will be on our blacklist and your account will be terminated immediately and payment will be void. This condition applies to, but is not limited to, newsgroup postings, email links, malware, spyware and any other form of illegal content distribution etc.
5. Affiliate members are not permitted to use MANICAMEDIA's sign up forms within a co-registration or automated transfer process. MANICAMEDIA is under no obligation to pay for subscribers generated using either of these methods. The form action for subscription must be to MANICAMEDIA servers, and initiated by the surfer. Failure of an affiliate in this regard will result in MANICAMEDIA canceling all payments due to that affiliate.
6. Any misrepresentation of our site(s), including (but not limited to) misrepresenting the cost of membership, terms of membership, or content contained within our site(s) and exploitation of our terms and conditions, instructing the member to signup and cancel is not permitted in any way.
7. Affiliate members are not permitted to display a MANICAMEDIA sign up form on mailing list unsubscribe pages. MANICAMEDIA wants to protect the risk of SPAM complaints that are often associated with this type of form implementation. MANICAMEDIA is under no obligation to pay for signups generated from unsubscribe pages.
8. You may not promote our MANICAMONEY program on or to sites that promote or contain content pertaining to or displaying child pornography 'actual' or 'suggested', molestation, bestiality, rape/torture, hate crimes/hate propaganda, acts of violence, or other illegal content, any references to 'Lolita', 'Pre-Teen' and 'youngest', any URL names implying any unqualified content or any other sites displaying illegal material, password selling or trading. Nor may you promote our MANICAMONEY program on any other non-adult web sites unless you have received an authorization before doing so from MANICAMEDIA. If you not do so, your account will be terminated and the payment void.
9. Sites that promote illegal activity, anti-government activity or discrimination based on race, sex, religion, sexual orientation or physical disability are not permitted to participate in MANICAMEDIA's MANICAMONEY program.
10. Any affiliate member who violates or infringes upon 3rd party copyright, trademark, patent, or any intellectual property rights will have their account terminated immediately, this includes, but is not limited, fraudulent activity against any other program. Termination will result if you are found to be profiting from the false submission of names, using executable files to scam other online ventures and/or if you are in any way committing fraud against 3rd party companies.
11. You may not keep a copy of any of the names or associated data they generate through the MANICAMONEY program. MANICAMEDIA retains sole and exclusive rights to this data.
12 If you cheat anywhere on the MANICAMEDIA network, you will lose all accounts in all programs and will not be allowed to gain access to a new accounts. Credit card fraud is closely monitored and will not be tolerated by MANICAMEDIA. Misleading advertising by you will be considered as cheating. In the event that any sort of mechanism that falsely generates hits and/or signups to the website is detected by MANICAMEDIA, you will be prosecuted to the fullest extent of the law and earnings will not be paid.
13. MANICAMEDIA reserves the right to terminate any affiliate for any reason, including but not limited to, fraud or suspected fraud. Fraud includes, but is not limited to, the submission of unauthorized email signups, the creation of new email addresses for submission by the affiliate, or changing HTML or other code related to the affiliate program. MANICAMEDIA is not obligated to pay the balance of a terminated affiliate's account.
14. Referring an affiliate who already exists in the affiliate database is not supported by MANICAMEDIA. Doing so may result in your termination from the program without compensation.
15. Affiliates will not receive referral commissions from referred affiliates who are terminated from the program for any reason.
16. MANICAMEDIA reserves the right to suspend and/or cancel payment to an affiliate who has been found to have altered, changed and/or modified the HTML of the MANICAMEDIA sign up form. The MANICAMEDIA sign up form must be in its original format, which must contain the original amount of lists, the proper pre-checked boxes, an email and zip code form submission field, etc. Permission is needed to make modifications. Contact us for details.
17. MANICAMEDIA is not obligated in any way to reveal the reasons for termination of referred affiliates. MANICAMEDIA will not release information on an affiliate unless fraud and/or abuse has been committed against a third party program. The final decision regarding account status and information will be made by MANICAMEDIA in the case of a request for information by a third party program/venture.
18. In no event shall MANICAMEDIA be liable to you for any damages, whether direct, indirect, incidental or consequential, arising out of the use or inability to use the MANICAMONEY Program, including your use of the MANICAMONEY Program for any other purpose than what has been stated in these terms and conditions, even if MANICAMEDIA has been advised of the possibility of such damages. MANICAMEDIA's aggregate liability, if any, arising out of or in any way related to its performance of the services provided for under these terms and conditions shall be limited to EUR 50,00 (fifty euro); and in no event shall MANICAMEDIA, its staff, its agents, or its suppliers pay for incidental, indirect, special, or consequential damages, even if they have been advised of or should have foreseen, the possibility of such damages.
19. MANICAMEDIA shall not be liable for any damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any communication, advertisement, or other materials of any kind comprising in whole or in part your use of MANICAMEDIA's services or MANICAMONEY Program.
20. MANICAMEDIA disclaims any and all liability with regard to the operation of affiliate sites. These sites are outside of MANICAMEDIA's control, and as such MANICAMEDIA cannot be held responsible for their actions.
21. MANICAMEDIA shall in no event be liable to you, your customers or any third party for any loss resulting from any failure to perform its obligations under these terms and conditions because of intrusion or malicious attacks by hackers on the MANICAMONEY Program, theft of access codes or passwords from our installations, or other acts by any third party beyond MANICAMEDIA's direct control, including but not limited to acts of God, nature, any government agency(ies), war, civil disturbance, labor disputes or shortages, electrical or mechanical breakdowns, inability or refusal of a common carrier to provide communications capabilities as well as the issuance of an injunction or seizure order by a court of competent jurisdiction prohibiting MANICAMEDIA from carrying on its day-to-day operations as contemplated under these terms and conditions or an order by any regulatory, administrative, judicial or legislative body, which shall temporarily suspend or permanently terminate MANICAMEDIA's ability to provide you access to the services and/or MANICAMEDIA's MANICAMONEY Program pursuant to these terms and conditions.
22. Except for the express warranties stated herein, the MANICAMONEY Program and MANICAMEDIA's services are provided 'as is', and MANICAMEDIA disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the MANICAMONEY Program, MANICAMEDIA's services or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. MANICAMEDIA makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. In addition, MANICAMEDIA makes no declarations that the services or the MANICAMONEY Program will be uninterrupted or error-free and MANICAMEDIA shall not be liable for any damages, whether direct, indirect, incidental or consequential, arising out of any interruptions or errors occurred as a consequence of your use of MANICAMEDIA's services or MANICAMONEY Program.
23. You hereby agree to indemnify, defend and hold harmless MANICAMEDIA, its shareholders, officers, directors, employees, agents, affiliates, 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 MANICAMEDIA (collectively the 'losses'), insofar as the losses (or actions in respect thereof) arise out of or are based on: a) any claim or threatened claim that MANICAMEDIA's use of tour trademark(s), if any, infringes on the rights of any third party; b) the breach of any promise, covenant, representation or warranty made by you in these terms and conditions; or c) any claim related to your web pages. MANICAMEDIA's indemnity rights shall not be limited or offset by any contributory negligence by MANICAMEDIA. MANICAMEDIA may participate in the defense at its expense.
24. You, acting as the potential affiliate, warrant that you have the legal capacity to enter into a binding contract, and, if appropriate, have the authority to bind your principal or employers to these terms and conditions.
1. Partnership Program:
2. Pay per Signup (Flat fee) Program:
You will be paid a minimum of €20 of the profits generated on MANICAMEDIA's websites from your traffic. The flat fee program does not pay out renewals!!. The pay out percentage depends on the number of signups you generate. The commissions paid for a specific signup by MANICAMEDIA will be deducted from your account if that signup is identified as a fraudulent transaction.
1. The earnings due to you are calculated by MANICAMEDIA. You can see the amount owed to you in the statistics section of MANICAMONEY.
2. All payments will be made in Euro currency. The payment is on the 16th and 30th or 31st of each month. Payments are sent by MANICAMEDIA within 5 days of the end of a payment period. No payment for less than € 100 will be issued. It is possible that you request MANICAMEDIA to pay out only amounts that are higher than a certain fixed amount which should be at least € 100. Unpaid earnings are carried to the following payment period. The payments are made by checks or wire transfers. For payments made by check a € 10.00 fee will be deducted from the total amount.
3. Using a fake payout name or filling out the application with false information is considered as a fraud (especially if you are caught cheating in another account). MANICAMEDIA reserves the right to close ALL the accounts and void the payment of you caught cheating with one of his account. In the event that MANICAMEDIA detects any sort of fraud made by you, MANICAMEDIA will prosecute you to the fullest extent of the law.
4. If MANICAMONEY is closed by MANICAMEDIA, you will be notified and will be paid for all earnings generated up to that point in time, except in cases where it is determined that you has cheated by violating these terms and conditions.
5. If you want to close a publicity account, you must contact MANICAMEDIA and request for your account to be closed. In this case, MANICAMEDIA will pay for all earnings generated up to that point in time, if more than €25 except in cases where it is determined that you have cheated by violating these terms and conditions.
6. MANICAMEDIA's systems are responsible for tracking affiliate accounts, and are not liable for system downtime. Historically, MANICAMEDIA has provided downtime compensation. Provided that downtime compensation is offered, MANICAMEDIA will determine the exact amount of compensation. Each case is unique and the compensation depends upon the effect to subscriptions and payments. MANICAMEDIA will have any and all final judgments regarding downtime compensation.
1. MANICAMEDIA reserves the right to terminate this agreement or transfer an account from a publicity program to another at any time, for any reason, including, but not restricted to, profitability. In any case, you will be notified and will be paid for all earnings generated up to that point in time, except in cases where it is determined that you have cheated by violating these terms and conditions.
2. We reserve the right to change the terms of the MANICAMONEY program, at any time without notification.
3. As an affiliate member you have to regard the following: upon termination of an affiliate's account, the affiliate member must immediately cease using MANICAMEDIA's names, forms, banners, buttons, popup consoles, images and representations of MANICAMEDIA thereof on their site.
4. The services and MANICAMONEY Program licensed to you under these terms of agreement are protected by copyrights. You may not distribute, reproduce, decode, transmit or transfer, in whole or in part, any documentation or software codes contained herein without express prior written permission by MANICAMEDIA.
5. In case any one or more of the provisions contained in these terms and conditions shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included.
6. This agreement, the interpretation and execution thereof, and the relationship between you and MANICAMEDIA, shall be governed by, and construed in accordance with, the laws of Spain. Any claim or dispute arising either directly or indirectly out of this agreement shall be brought before the competent court of Barcelona, Spain, which court shall have exclusive jurisdiction. Notwithstanding the foregoing, MANICAMEDIA shall have the right to institute any legal proceedings against you before the competent court in your home jurisdiction or elsewhere.