|
TERMS AND CONDITIONS
FOREWORD
All partners who take part in the ErosAdv program must accept
this agreement, which lays out the terms and conditions for
participation (rules). Not complying with the following
conditions may lead to disabling the ErosAdv account and loss of
accrued credit.
01) DEFINITION OF PARTIES
The online agreement between the user that makes the registration,
hereinafter referred to as "Affiliate", "Partner",
or "Webmaster", and the company Ambroworks LLC,
registered office in Norcross, GA 30010, USA, hereinafter also
referred to as "ErosAdv" and also with the suffix
".com" and similar.
The Partner declares that all information entered in the
registration form for the ErosAdv program is true and is fully
liable for all information provided.
02) DEFINITION OF EROSADV PROGRAM
By registering in the ErosAdv program the Partner begins
collaboration to show text, graphical or similar banners provided
by ErosAdv inside their website(s). The banners are shown on the
Partner&rsquos pages using HTML code, JavaScript or similar
languages and are placed by the Partner in their website or
websites and in the position deemed best. ErosAdv shall pay the
Partner based on the number of clicks on the banners. The clicks
are paid only when they are validated by ErosAdv and by automated
IT systems used to check for fraud.
03) RIGHT TO REFUSE AND CONDITIONS FOR PARTNERSHIP
ErosAdv is entitled to refuse any requests for membership that do
not conform to their interests, without any need to provide a
reason for the refusal. All requests will be refused from owners
of websites that are still under construction or that contain
images or content with violence, racism, pedophilia or that may
in any way harm the name and image of ErosAdv. The following
rules are to be considered as an open-term contract and can be
terminated at any time by either of the parties.
Only adults can register. If parents or guardians allow minors
under 18 to use the service provided by ErosAdv, they shall be
held liable for the minor&rsquos behavior.
The Partnership is established free of charge and all parties can
end it at any time without advance notice.
It is expressly agreed that access to ErosAdv web pages and
programs and data contained in them does not give the Partner any
entitlement to the pages and content, which remains the exclusive
property of the respective authors and editors. This agreement
can be unilaterally amended by ErosAdv. If the amendments have an
effect on the outcome of calculations for commissions due or on
new restrictions or rules on behavior, the Partner shall be
informed immediately by email or through the control panel.
The parties undertake to reach an amicable agreement should any
dispute arise on the interpretation, execution or termination of
the partnership.
Sites with all types of domains are accepted, such as 2nd and 3rd
level, as long as they comply with our policies on quality in
content and graphics and/or presentation.
04) PARTNERSHIP CONDITIONS AND LIABILITY FOR ADULT SITES
ErosAdv only accepts registration from webmasters of erotic sites
that are forbidden to minors under 18 years of age and sites in
the range of sex and eroticism. The Partner undertakes to enter
the category that is most suitable to their website.
The category can be unilaterally changed by ErosAdv if deemed
necessary.
In compliance with the laws in force in the United States of
America and Europe, if any child pornography, bestiality or
illegal material is found in the Partner&rsquos website then
ErosAdv shall provide the publisher&rsquos data to the
competent authorities in the nation of residence.
05) OBLIGATIONS AND RESPONSIBILITIES OF PARTNER:
All clicks on the banners in the Partner&rsquos website(s)
must be from real interest without any forcing or incitement. It
is forbidden to place ads on layers, whether fluctuating or not,
and on popups/popunders.
It is strictly prohibited to artificially change and/or
manipulate the number of clicks or impressions or any other
information coming from the Partner&rsquos website.
It is prohibited to incite users to click by using phrases such
as "click here to enter" or "support
us, visit our sponsor", or similar wording that forces
or incites users to click banners. Ambiguous phrases over, beside
or under ads, which may confuse users, are forbidden. Misleading
images are forbidden such as arrows pointing towards the ads or
frames that call attention to the banners.
It is forbidden to self-click banners and/or clicking and
changing IP addresses in order to increase the number of clicks
and so earnings.
Every click is monitored and saved with country and city of the
IP address that clicked the ad. If there are doubtful multiple
clicks from the same city as the registered webmaster an
investigation will be performed to determine whether to terminate
the account and pay any amounts that were earned validly.
The Partner&rsquos site shall place on their pages the code
provided by ErosADV without changing it in any way. If the code
is changed then the partner is banned and any earnings accrued
are lost.
It is strictly forbidden to use the code for self-surfing sites
or any sites that exchange visits or banners. If this happens the
account is brought to zero and the partner is banned and loses
all earnings accrued.
All SPAM techniques are strictly prohibited with the pages
of your website and with our code and logo. Users of spam will
immediately be reported to the competent authorities and all
credits accumulated will be lost and the user will be banned from
the network immediately. In serious cases ErosAdv reserves the
right to file suit against the Partner for payment of damages.
It is mandatory to insert the code within 10 days from approval
by our Staff. If this does not happen the registration is
considered invalid and it is eliminated. It is necessary to
reregister in order to use the service.
Accounts that are inactive or with sites that no longer exist,
invalid email addresses or accounts with false information on the
Partner, shall be permanently banned from the network.
Commissions shall be paid only if the minimum of USD 200.00 is
accumulated, if not, or if the Partner provided false data, the
latter is not entitled to any amounts.
The Publisher undertakes to store data to access statistics and
personal information with due diligence and waives ErosAdv from
any liability also for any unauthorized access.
The Partner is fully liable for the development, management and
maintenance of their website and all elements used for its
construction. ErosAdv cannot be held liable for any damages or
expenses deriving from illegal development, operations,
maintenance and content of the partner's site.
06) LIMITED LIABILITY
ErosAdv undertakes to keep the service active and operational
with the limits of their ability and knowledge. The Partner
waives ErosAdv from any liability for any service failure,
alterations in statistics or total loss of data, due to attacks
against their servers or for any unforeseeable events.
In the event of closure, service termination, or termination of
the agreement by either of the parties, the Partner shall be paid
only if their credit amounts to at least USD 20.00 and never for
lower amounts.
No payment for damages shall be made in the event of failure,
slow service or loss of data caused by codes provided by ErosAdv.
The service is provided without any guarantee. ErosAdv does not
guarantee the number of impressions or clicks, the number of
advertisers or any other legal or technical aspect, without
limitation, of the ErosAdv service.
ErosAdv is in no way liable for the content of sites that
advertise through the service and is in no way liable for the
material on the pages or in the websites advertised.
The Partner is required to use every means necessary to prevent
minors from viewing material for adults and the Partner assumes
full liability, and thus exonerates ErosAdv from any liability
related to limiting entrance to their site.
07) VISITOR IDENTIFICATION
Clicks and impressions from the partner&rsquos website
are identified through the account of the partner in the link to
the ErosAdv network. Under no circumstances will ErosAdv be held
liable for any technical errors made by affiliates or their
representatives when entering the code for the link and images.
ErosAdv shall not be held liable for temporary suspension of
service and/or technical issues, not depending on their will,
which prevent registering the number of clicks and impressions
made on banners on the Partner&rsquos website, due to
failures and/or service suspension and/or technical issues caused
by third parties. Furthermore, since current Internet protocols
cannot guarantee certain and constant quality communication,
issue or receipt of messages, integrity of files sent, or the
identity of users, ErosAdv cannot be held liable for total or
partial failure of means or services that compose or are used by
the Internet.
08) DEFINITION OF CLICKS AND IMPRESSIONS
A click is an action performed by the user who clicks a
banner or link to enter a site in the ErosAdv network. The
software used by ErosAdv to check this stops calculating clicks
when repeated clicks come from a single IP address on the same
domain as the Partner. Anti-cheat software is also used to detect
irregularities.
An impression is defined as showing/displaying a banner or link
to the ErosAdv network on the Partner&rsquos website.
09) TRACKING AND EFFECTIVENESS OF PROMOTIONS
ErosAdv tracks sponsor sites to assess Pay-per-Click campaigns in
order to ensure the system is efficient and high quality and to
prevent the sponsor from suffering losses if the visit/action
ratio is lower than 1%. ErosAdv reserves the right to contact the
webmaster to resolve the problem by asking to change or replace
the pages where the banners are shown. If an answer is not
received from the webmaster or if the situation does not change
then the account may be suspended.
10) INSERTION AND PLACING BANNERS
IT IS STRICTLY PROHIBITED to change codes and personal statistics
HTML codes provided are inserted in the site with changing them
in any way. Codes provided by ErosAdv cannot be used for sites
other than the ones the Partner includes in their control panel
under the item "Domains". The ErosAdv
management software will not count clicks or impressions coming
from domains other than the ones indicated above.
The Publisher can insert up to 2 banners (different sizes) on
every page of their website.
It is not allowed to insert banners in hidden positions, at the
bottom of the page (on long pages) or together with other banners.
Placing banners well enables higher earnings.
11) PAYMENT AND TAX INFORMATION:
The minimum amount required for payment is $200.00, which is
calculated by adding up all the earnings from all services. If
the Partner does not reach the minimum amount for payment then
the amount is brought forward to the subsequent month.
Payments are made 30 days from the end of the month by check or
by ePassporte. The exact date of payment is shown in the control
panel in the "Payment" section. It is not necessary
to issue an invoice since our company is registered in the United
States, where invoicing is not necessary. Commissions due are
sent automatically to the ePassporte account or by check to the
mailing address entered in the partner panel. It is the partner's
responsibility to update this information at all times. If the
address or account is wrong it is necessary to void the check and
way 30 days to send a new check. If the ePassporte account is
wrong ErosAdv will not send payment again. It is the partner&rsquos
responsibility to contact ePassporte to resolve the situation.
12) JURISDICTION
This agreement is governed by the laws of the United States
of America. The parties undertake to reach an amicable agreement
should any dispute arise on the interpretation, execution or
termination of the partnership. If a settlement is not reached
the parties agree that the jurisdiction shall be Atlanta, Georgia,
USA.
13) CONCLUSION
The partnership in question is not exclusive with the partner
for an indefinite period of time, without prejudice to the fact
that any of the parties may end the partnership at any time.
Additionally, if there is any behavior that is prohibited by this
agreement or against the spirit thereof, ErosAdv reserves the
right to terminate the relationship with the partner at any time
without paying any commissions. The Partner is required to fully
comply with the rules and by registering the partner accepts the
rules entirely. ErosAdv reserves the right to take legal action
against the Partner if any of these rules are violated and/or if
the Partner damages the image of ErosAdv, Ambroworks LLC or their
merchants, advertisers, employees, collaborators or any other
third party involved.
|