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Terms And Conditions
Please read the following Terms and Conditions carefully. These Terms and
Conditions define the Webmaster Program pursuant to which LolanaGold.com
("LG") has agreed to pay YOU to provide Web traffic to a
web page or pages to be specified by LG ("LG Target Page(s)").
1. ACCEPTANCE
OF TERMS AND CONDITIONS. YOU acknowledge that YOU have read,
agree to abide by, and accept these Terms and Conditions, including as
they may be amended from time to time. Ignorance of these Terms and Conditions
is not an excuse for any violation.
2. MODIFICATION
OF TERMS AND CONDITIONS.LG reserves the right to add to, delete
from, or change these Terms and Conditions at any time. ALL ADDITIONS
TO, DELETIONS FROM AND CHANGES OF THESE TERMS AND CONDITIONS ARE EFFECTIVE
THREE (3) CALENDAR DAYS AFTER BEING MADE, WHETHER OR NOT ACTUAL NOTICE
HAS BEEN GIVEN TO YOU UNLESS NOTICE IS REQUIRED ELSEWHERE IN THESE TERMS
AND CONDITIONS! YOU are responsible for reading and complying with any
changes that LG may make to these Terms and Conditions from time to time.
YOU can review the most current version of these Terms and Conditions
at any time at: http://www.LolanaGold.com/info/terms_unlogged.cfm
3. ADMITTANCE
/ TERMINATION. LG reserves the right to deny YOU admittance
into this Webmaster Program, or to terminate YOU from this Webmaster Program
at any time for any reason. Also, LG may terminate this Webmaster Program
at any time for any reason. LG will provide e-mail notification of denial
of admittance or of termination. If LG terminates for any reason other
than a violation by YOU of these Terms and Conditions, LG will pay to
YOU any sums that have accrued to YOU under this Webmaster Program as
of the date of termination.
4. VIOLATION
OF TERMS AND CONDITIONS. Violation of any or all of these Terms
and Conditions is grounds for termination and releases LG from any payment
or other obligation to YOU, regardless of whether the payment or other
obligation has accrued or has not. In all cases, LG shall be the sole
determiner of whether a violation exists and may act on good faith suspicion
alone.
5. AGE
REQUIREMENT. In order to participate in this Webmaster Program,
YOU must be over the age of 18 or of the legal age to view adult content
in YOUR community.
6. UNITED
STATES TAXES. United States residents and corporations, and
foreign participants who are residents of the United States, are required
to provide a completed and signed United States Department of Treasury
Internal Revenue Service Form W-9 setting forth information including
a United States Federal taxpayer ID Number or Social Security Number.
Foreign participants who are not residents of the United States and who
are not conducting a trade or business in the United States, are required
to provide a completed and signed United States Department of Treasury
Internal Revenue Service Form W-8BEN before any payment will be processed.
Foreign participants who are not residents of the United States but who
are conducting a trade or business in the United States, are required
to provide a completed and signed United States Department of Treasury
Internal Revenue Service Form W-8ECI before any payment will be processed.
7. PAYMENT
FOR WEB TRAFFIC.LG will pay YOU for Web traffic to LG Target
Page(s) from a banner or link posted on web page(s) of YOUR site(s) as
follows:
7.1 LG will pay you a percentage (50%) of each new membership sign-up and renewal to LolanaGold.com that you bring to LG.
7.2 LG
reserves the right to change the future payout per sign-up at any time
with three (3) days written notice to YOU.
7.3 All
payments are made by check in U.S. dollars. Payments are mailed
on Fridays for the Pay Period ending on the immediately preceding
Sunday. Payment will only be sent if the amount due to YOU is
at least $100. Payment will be carried over from week to week
until the amount due to YOU is at least $100. If YOU are a foreign,
non United States resident participant, YOU may request that
LG withhold payment until the amount due is $300.00, $600.00
or $900.00 so as to incur lower banking fees.
7.4 YOU
agree, by accepting and negotiating payment received from LG,
that the payment received is payment in full for any and all
advertising space and traffic for the Pay Period to which the
payment applies.
8. BANNERS
AND ADS.
8.1 LG will provide YOU with
a selection of banners and ads for use in this Webmaster Program. YOU may
post as many of these banners on YOUR site(s) as YOU wish.
8.2 YOU may create banners or
ads for use in this Webmaster Program, but YOU must obtain LG's written
approval of any such banners or ads prior to usage. There is no compensation
for making banners or ads, and LG reserves the right to post any banners
or ads you create for use by other sites.
8.3 LG retains all copyright
and ownership in the banners and ads provided by LG, including all images
therein. During the existence of this Agreement, LG hereby grants to YOU
the right to post banners and ads provided by LG on YOUR web pages, solely
in order to send traffic to LG Target Page(s). Upon any termination of YOUR
participation in this Webmaster Program, this grant of rights shall cease
and YOU must immediately remove LG's banners and ads from YOUR web pages.
8.4 YOU are not authorized to
use LG's names and/or trademarks and/or logos and/or banners and ads for
any other purpose.
9. PROHIBITED
ACTIVITY.
9.1 Any and all practices that
could reflect negatively on LG are prohibited. All Web traffic sent to LG
Target Page(s) must be voluntary and must originate from a Web page. Misleading
text in connection with the banner, forced exit traffic, forced click-throughs,
and blind links, are all prohibited. Postings to newsgroups, bulletin boards,
clubs, or IRC postings,or other postings, with links to LG Target Page(s)
are prohibited. Links from e-mail are prohibited, whether or not the e-mail
constitutes unsolicted commercial e-mail (UCE), commonly known as SPAM.
9.2 YOU are prohibited from sending
any Web traffic to LG Target Page(s) from any Web pages with any content,
on the Web page or in its URL, that infringe the rights of third parties,
including but not limited to: warez, password selling or trading, copyright
or trademark or other intellectual property infringement, privacy or right
of publicity infringement, use of another's name or a variation thereof
without express consent. YOU are prohibited from sending any Web traffic
to LG Target Page(s) from any Web pages which violate any laws of a jurisdiction
in which YOU or LG is located, or which contain or promote, in any way,
the following: obscene content, child pornography, bestiality, rape, warez,
password selling or trading, UCE or SPAM e-mails, copyright or trademark
or other intellectual property infringements, rights of privacy or publicity
infringements, use of another's name or variation thereof without express
consent. �
9.3 YOU are prohibited from placing
LG banners or ads on a "Circle Jerk" site or sending Web Traffic to LG Target
Page(s) from a "Circle Jerk" site. "Circle Jerk" is defined to include,
but is not limited to, sites that hide or camouflage their entry button
and/or links to their pictures, as well as any effort to hide the site's
true content with the intention of tricking or encouraging browsers into
clicking on banners. �
9.4 YOU are prohibited from
displaying LG Target Page(s) in a frame or similar device for displaying
LG Target Page(s) with other advertising or content. �
9.5 YOU are prohibited from using
LG's names and/or trademarks and/or logos and/or banners and ads and/or
other intellectual property in any unsolicited commercial e-mail (UCE),
commonly known as SPAM. �
9.6 If YOU engage in any PROHIBITED
ACTIVITY, or in any similar activity or practice to accomplish similar results,
YOUR participation in this Webmaster Program will be terminated immediately
as a violation of these Terms and Conditions.
10. WEB
TRAFFIC FROM PASSWORD PROTECTED AREAS. YOU are required to
provide a functional username and password to LG, upon request, for all
password protected URLs from which YOU have sent Web traffic to LG Target
Page(s). The username/password combination must remain functional throughout
YOUR participation in this Webmaster Program.
11. NONRESPONSIBILITY
FOR TECHNICAL PROBLEMS.LG will not be held responsible for
any loss to YOU that is caused by computer server downtime resulting from
complications with YOUR or our hosting equipment or technical errors.
12. ENTIRE
AGREEMENT.These Terms and Conditions, along with the information
provided by YOU about YOU and YOUR site(s), shall constitute the entire
agreement between YOU and LG. The date of execution shall be the date
on which YOU submit to LG all identity, contact (address, telephone, fax,
e-mail) and tax information requested by LG.
13. APPLICABLE
LAW; ARBITRATION.This Agreement shall be governed by, and
construed in accordance with, the laws of the State of California,
which are applicable to contracts entered into and to be fully
performed therein. Any dispute, controversy or claim relating to this
contract shall be settled by arbitration in the city of Los Angeles, State of California in
accordance with the rules and regulations governing commercial arbitration
promulgated by the American Arbitration Association before a neutral arbitrator(s)
(i.e., individuals who, to the best of either party's knowledge, do not
have a bias in favor of, or against, either party) having experience in
matters involving Internet commerce. The decision of the arbitrators shall
be final and binding on the parties, and judgment upon the award rendered
by the arbitrators may be entered in any court having jurisdiction thereof.
Any arbitration award shall include attorney's fees for the prevailing
party.
14. LIMITED
LIABILITY. Notwithstanding anything to the contrary contained
herein, LG shall not, under any circumstances, be liable to YOU for incidental,
special, or punitive damages, including but not limited to lost profits,
even if apprised of the likelihood of such damages occurring.
15. NOTICES.
All notices which YOU are required hereto or may desire to give to LG
shall be in writing and shall be given either by personal delivery (which
shall include by means of overnight delivery services), fax or e-mail
or by registered or certified mail (postage prepaid), air mail if available.
Such notices shall be deemed given on the date delivered, faxed, e-mailed,
or, if mailed, on a date three (3) business days after the date of mailing
if mailed in the United States or five (5) business days after the date
of mailing if mailed outside of the United States. Until further notice,
notices given to LG shall be given as follows: LolanaGold.com, c/o DHD Media,
13428 Maxella Ave Ste. 294, Marina Del Rey, CA, 90292, (310) 258-6229, legal@LolanaGold.com
Notices given to YOU shall be given to the contact information (address,
fax, e-mail) provided by YOU upon committing to this Webmaster Program,
or such subsequent contact information YOU provide in writing to LG with
receipt acknowledged.
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