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Terms

Welcome to the DiamondMoney Affiliate Program. Before  you can become a participant in the DiamondMoney Program ("Program"), you must first read and agree to all of the following terms and conditions. This is a legal agreement ("Agreement") between DiamondMoney Affiliate Program and you, hereinafter referred to as “The Webmaster.”

The following offer to “The Webmaster” to participate in the Program is subject to all the terms, conditions, limitations and waivers below. “The Webmaster” acknowledges and agrees that by participating in the DiamondMoney Affiliate Program “The Webmaster” will be bound by all the terms and conditions in this Agreement.

1. Rights Granted To “The Webmaster” By the DiamondMoney Affiliate Program Subject to the terms and conditions set forth in this Agreement  “The Webmaster” is granted the following:

1.1 The non-exclusive right to direct, refer or send visitors or users of “The Webmaster’s” Website to websites owned, operated or controlled by the  DiamondMoney Affiliate Program.

1.2 A limited nonexclusive, nontransferable and revocable license to access and download promotional banners, and other promotional materials created by the DiamondMoney Affiliate Program for use on “The Webmaster’s” Website for the exclusive purpose of advertising, marketing or promoting websites owned, controlled and/or operated by the DiamondMoney Affiliate Program; however, the license herein granted shall automatically and immediately cease upon the termination of this Agreement.

2. “The Webmaster” Warranties, In consideration of the DiamondMoney Affiliate Program providing “The Webmaster” with the DiamondMoney Affiliate Program benefits, the following:
2.1 That “The Webmaster” will at no time while “The Webmaster” are participating in the DiamondMoney Affiliate Program, or using any materials provided to “The Webmaster”, directly or indirectly display or include on “The Webmaster’s” Website any advertising or advertising links of any kind which promote the DiamondMoney Affiliate Program or DiamondOnCam.com, other than those advertisements or ad links which have been pre-approved, in compliance with this Agreement, and which advertise the DiamondMoney Affiliate Program, DiamondOnCam.com or other sites, companies, products or other wide area network addresses which the DiamondMoney Affiliate Program designates.

2.2 That “The Webmaster” will not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of "spamming" as a means of promoting “The Webmaster’s” Website or for the purpose of directing or referring users to any websites owned, operated or controlled by the DiamondMoney Affiliate Program.  “The Webmaster” further acknowledges and agrees that the DiamondMoney Affiliate Program shall have the right to immediately, and without notice, terminate “The Webmaster’s” participation in the Program if, in our sole and exclusive judgment, conclude that “The Webmaster” has engaged in the use of any form of mass unsolicited electronic mail solicitations, news group postings, password selling or trading, warez, IRC posting or any other form of "spamming".

2.3 That “The Webmaster” will not copy or reproduce, alter, modify or change, broadcast, distribute, transmit or disseminate any banners or other promotional or advertising materials provided to “The Webmaster” by the DiamondMoney Affiliate Program pursuant to this Agreement and the Program in whole or in part, in any manner, at any time anywhere in the World except as authorized by the DiamondMoney Affiliate Program  in writing;

2.4 That “The Webmaster” will ONLY use Promotional Pictures and Images Provided by the DiamondMoney Affiliate program to promote DiamondOnCam.com.

2.5 That “The Webmaster” will not include, or link to, any of the following within a website that contains:

(i) Obscene material, including without limitation any material depicting bestiality, rape or torture.

(ii) Any material which is displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors;

(iii) Any material in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations;

(iv) Any material not fully in compliance with 18 U.S.C. Sec. 2257 et seq.

(v) Any material which constitutes child pornography or matter which involves depictions of nudity or sexuality by an age inappropriate-looking performer or by a performer who is portrayed or made to appear to be a person under the age of 18 years of age by virtue of the script, make-up, demeanor, costuming, setting, etc. Prohibited material mentioned herein includes the use of the term 'Lolita' for any purpose in any fashion including, but not limited to, within meta-based tags

(vi) Any material which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;

(vii) Any material which constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or other rights; or

(viii) Any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature, regardless whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person.

2.6 That all materials of every kind, including photographic, videographic, audio and textual materials used in direct or indirect association with materials provided through the Program shall only be transmitted, distributed, broadcast and otherwise disseminated by “The Webmaster” to willing adults and shall at all times comply with contemporary community standards in the communities into which they are so disseminated.

2.7 That “The Webmaster” shall remain a Program Participant until “The Webmaster” terminates participation in the program by notifying the DiamondMoney Affiliate by E-mail at
 "diamondoncam@msn.com" of “The Webmaster’s” intent to terminate “The Webmaster’s” participation; or “The Webmaster’s” participation in the Program is terminated for any reason; or the Program is terminated for any reason.

2.8 That “The Webmaster” will remain a Program Participant in good standing at all times “The Webmaster” is receiving benefits or is otherwise participating in the Program.

2.9 That “The Webmaster” shall cease to be a Participant in good standing and shall be subject to immediate termination of all Benefits without prior notice if “The Webmaster” fails to perform under or breach any part of this Agreement.

2.10 That if “The Webmaster’s” the DiamondMoney Affiliate Program participation in the Program is terminated for any reason, “The Webmaster” cease to be a Program Participant in good standing, “The Webmaster” change “The Webmaster’s” Website's URL or “The Webmaster” cease to offer services on the Internet, “The Webmaster” shall immediately and permanently cease all use of all materials provided to “The Webmaster” by the DiamondMoney Affiliate Program through the Program and that “The Webmaster” will remove all files containing materials provided to “The Webmaster” pursuant to the Program from “The Webmaster’s” website.

2.11 That “The Webmaster” is a person over the age of eighteen (18) years.

2.12 That “The Webmaster” is the person who owns or is otherwise is entitled to contract on behalf of the entity that owns the rights to the “The Webmaster’s” Website.

2.13 That of those residing in the United States, only citizens or resident aliens of the United States may participate and must supply CCBill with a Federal Tax ID or Social Security Number that is representative of, and exactly matches the Payee Name “The Webmaster” provides. “The Webmaster’s” failure to supply that information will constitute a basis for terminating this agreement and for forfeiting any commissions or fees to which “The Webmaster” would otherwise be entitled under this Agreement.

2.14 That upon termination of this Agreement “The Webmaster” will immediately cease using DiamondMoney Affiliate Program and DiamondOnCam.com marks and remove any materials supplied to “The Webmaster” or referring to the DiamondMoney Affiliate Program, including without limitation any banner ads, from “The Webmaster’s” Website.

2.15 That all “The Webmaster’s” warranties, indemnities and obligations, which by their nature are designed to survive termination, shall extend beyond the termination of this Agreement.

3. Limitations Of “The Webmaster’s” Participation In The Program. “The Webmaster” acknowledge and agree that the Program, “The Webmaster’s” participation in the Program and Program Benefits are subject to the following limitations:

3.1 Only persons over the age of eighteen (18) years may participate in the Program.

3.2 The DiamondMoney Affiliate Program shall at all times have the right, in its sole and exclusive discretion, to terminate the Program and any and all Program Benefits relating to “The Webmaster’s” Participation in the Program at any time and may do so with or without prior notice or cause.

3.3 The DiamondMoney Affiliate Program, in its sole and exclusive discretion, shall have the right at any time to change or modify the Program, including without limitation, the right to pay Participants in the Program based on "click throughs" rather than a flat commission or fee for a referral, as defined in paragraph 4.1. If at any time the DiamondMoney Affiliate Program changes the Program, “The Webmaster” shall have the right to withdraw and terminate “The Webmaster’s” participation in the Program.

3.4 The DiamondMoney Affiliate Program has the right to terminate “The Webmaster’s” and any other person's participation in the Program at any time and may do so with or without prior notice or cause.

3.5 Program Benefits are not transferable by “The Webmaster” and may only be used by “The Webmaster” in association with “The Webmaster’s” Website while “The Webmaster” are participating in the Program and are a Participant in good standing.

3.6 All Program Benefits materials, including, without limitation, all advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property provided to “The Webmaster” as part of this Program shall remain the property of the DiamondMoney Affiliate Program and may not be copied or reproduced, altered, modified or changed, broadcast, distributed, transmitted or disseminated, sold or offered for sale in any manner, at any time anywhere in the World except as expressly authorized in writing.

3.7 Nothing herein shall be construed as a grant or assignment of any rights in any intellectual property owned, including, without limitation, any of its trademarks or service marks.

4. The DiamondMoney Affiliate Program Benefits. For each person who becomes a subscriber to a website owned, controlled or operated by the DiamondMoney Affiliate Program, and who has been tracked and verified as a “referral" to a DiamondMoney Affiliate website from “The Webmaster’s” Website, “The Webmaster” will receive a “referral fee" as follows:

4.1 A “referral" from “The Webmaster’s” Website which entitles “THE WEBMASTER” to a “referral fee" shall be defined as follows:

(i) A person who has been directed to an authorized website owned, controlled or operated through the use of a hypertext transfer link residing on “The Webmaster’s” Website which is in the form of a banner ad or other promotional link which automatically connects any person who clicks on said banner ad or other promotional link to a my website, and which banner ad or other promotional link has been supplied to “THE WEBMASTER” as part of the DiamondMoney Affiliate Program; and

(ii) A person who after having been directed to my website through the use of the hyperlink banner ad or other promotional link supplied to “The Webmaster” residing on “The Webmaster’s” Website has been converted into a subscriber;

(iii) A person shall not be deemed a “referral" entitling “The Webmaster” to a commission or “referral fee" if that person leaves the my site after having been directed there through the hyperlink banner ad or other promotional link (which has been supplied to “The Webmaster” ) on “The Webmaster’s” Website, without becoming a DiamondMoney Affiliate subscriber, even if at some later time that same person returns to the DiamondMoney Affiliate web site, not through the banner ad or other promotional link (which has been supplied to “The Webmaster” ) on “The Webmaster’s” Website, and at that later time becomes a subscriber to the DiamondMoney Affiliate site.

4.2 “The Webmaster” acknowledge and agree that “The Webmaster” shall not be entitled to a commission or referral fee for any DiamondMoney Affiliate subscriber who “The Webmaster” sent or referred to my website in violation of the terms of this Agreement, or for any DiamondMoney Affiliate subscriber who does not fall within the terms of paragraphs 4.1 (i) & (ii) or who is excluded under the terms of paragraph 4.1 (iii).

4.3 “The Webmaster” also acknowledge and agree that “The Webmaster” shall not be entitled to a commission or referral fee from DiamondMoney Affiliate for any subscription which DiamondMoney Affiliate determines is the result of possible fraudulent activity. “The Webmaster” further acknowledge and agree that DiamondMoney Affiliate shall have the right, in its sole and exclusive discretion, at any time to expand or modify what it determines to constitute possible fraudulent activity. Without limiting the foregoing, possible fraudulent activity shall include without limitation, the following circumstances or activities:

(i) Where the subscriber has used or attempts to use a credit card number which is in a negative data base;

(ii) Where there are multiple subscriptions from a single IP address within a short period of time;

(iii) Where there are sequential or multiple subscriptions under different names, or variations of the same name using the same credit card number, or sequential names or patterns of names using different credit card numbers;

(iv) Where there is a pattern of "bursting subscriptions" characterized by numerous subscriptions from a website in a relatively short time span (the "bursting period"), where there has been history of few subscriptions from that website before or after the bursting period.

(v) Where there has been an attempt to put through a credit card with a bin number that is listed in a negative bin number database;

(vi) Where there have been sequential or multiple attempts to register or subscribe from a credit card using the same bin number and sequential or multiple number strings to complete the credit card number.

4.4 “The Webmaster” acknowledges and agrees that DiamondMoney Affiliate shall have the right to deny or withhold payment from “The Webmaster” and to terminate “The Webmaster” from the program if there has been an abnormal number of chargebacks or cancellations of memberships or subscriptions which have been referred to DiamondMoney Affiliate through “The Webmaster’s” Website. “The Webmaster” further acknowledge and agree that DiamondMoney Affiliate shall have the right, in its sole and exclusive judgment, to determine what constitutes an abnormal number of chargebacks or cancellations of memberships or subscriptions.

4.5 All commissions and referral fees due and payable hereunder shall be payable in United States Dollars and shall survive termination of this Agreement.

4.6 DiamondMoney Affiliate reserves the right, in its sole and exclusive discretion, at any time to alter or modify the Program including the method and terms of all payment benefits to Participants. Upon notice of any change in benefits under the Program, “The Webmaster” shall have the right to withdraw or terminate “The Webmaster’s” participation in the Program.

5. No Joint Or Collaborative Venture; No Monitoring Or Control Of “The Webmaster’s” Content By the DiamondMoney Affiliate Program. Nothing in this Agreement is intended by the DiamondMoney Affiliate Program or “The Webmaster” to create or constitute a joint or collaborative venture or partnership of any kind between “The Webmaster” and the DiamondMoney Affiliate Program, nor shall anything in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between “The Webmaster” and DiamondMoney Affiliate, its employees, agents or assigns.

5.1 “The Webmaster” acknowledges and agrees that the DiamondMoney Affiliate Program shall have no control or ownership interests of any kind in “The Webmaster’s” business or “The Webmaster’s” Website.

5.2 “The Webmaster” acknowledge and agree that “The Webmaster” shall have no financial or other interest in the DiamondMoney Affiliate programor any property owned by the DiamondMoney Affiliate Program, its affiliates, agents, successors or assigns.

5.3 “The Webmaster” acknowledge and agree that “The Webmaster’s” relationship with the DiamondMoney Affiliate Program shall be restricted to matters pertaining to the Program exclusively and shall be governed entirely by the terms and conditions of this Agreement.

5.4 “The Webmaster” acknowledge and agree that the DiamondMoney Affiliate Program has no direct or indirect control over the content of performances or services, the manner of performances or services, or the time or duration of provision of performances or services by “The Webmaster” on, at or in association with “The Webmaster’s” Website except as specifically set forth in this Agreement.

5.5 “The Webmaster” further acknowledges that neither DiamondMoney Affiliate nor any employee, associate, agent, assign or successor of the DiamondMoney Affiliate Program shall exert or provide any direct or indirect control over, monitoring of, supervision of, prior approval of, or review of the content appearing or otherwise distributed on, at or in association with “The Webmaster’s” Website, and that “The Webmaster” shall be solely responsible for any legal liabilities or consequences resulting from the dissemination of that content on or through “The Webmaster’s” Website.

6. No Guarantees Or Warranties Of Any Kind. “The Webmaster” acknowledge and agree that DiamondMoney Affiliate makes no guaranties or warranties of any kind with respect to the Program or materials provided by, through or in association with the Program, and all materials are provided to “The Webmaster” "as is", and that use of the Program and associated materials, including, without limitation is solely at “The Webmaster’s” risk. DiamondMoney Affiliate disclaims all warranties, either express or implied including, but not limited to, express or implied warranties of merchantability and fitness for a particular purpose, with regard to the Program and any and all materials of every kind supplied to “The Webmaster” as part of this Program

7. DiamondMoney Affiliate and Liquidated Damages. “The Webmaster” acknowledge and agree that under no circumstances shall DiamondMoney Affiliate, its employees, independent contractors, authors, agents, representatives, assigns and successors be liable to “The Webmaster”, or any other person or entity, for any direct or indirect losses, injuries or incidental or consequential damages of any kind (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard to any link to any DiamondMoney Affiliate website, or arising from or in connection with the use of the DiamondMoney Affiliate Program materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of DiamondMoney Affiliate services, content or Program materials, including without limitation any losses due to server problems or due to incorrect placement of HTML.

7.1 Notwithstanding the foregoing express limitations of liability, “The Webmaster” acknowledges and agrees that should DiamondMoney Affiliate, its officers, employees, successors, or assigns be held liable to “The Webmaster” for damages, injuries or losses of any kind, directly or indirectly resulting from “The Webmaster’s” participation in the Program, that the total dollar amount of liquidated damages for any and all of “The Webmaster’s” claims, injuries, damages or losses shall not exceed a total of ten dollars ($10.00).

8. No Representations Of Success Or Profitability. “The Webmaster” hereby confirm and acknowledge that “The Webmaster” have unilaterally decided to enter an Internet service business and acknowledge that it is a high-risk business. “The Webmaster” further confirm, acknowledge and expressly agree that neither DiamondMoney Affiliate, any agent or representative of DiamondMoney Affiliate, nor any other person has at any time in the past, represented to “The Webmaster” or has otherwise directly or indirectly communicated in any manner to “The Webmaster” any guarantee, reassurance or any other communication of any kind regarding

(a) the potential profitability or likelihood of success of “The Webmaster’s” participation in the Program as set forth in this Agreement or otherwise;

(b) the possibility or likelihood that use of any products and/or services provided pursuant to this Agreement can or will result in the recoupment of any funds expended by “The Webmaster” for the promotion of “The Webmaster’s” Website or any other purpose; or

(c) the existence, nonexistence, size or any other characteristics of any market for any products or services which involve “The Webmaster’s” participation in the Program pursuant to this Agreement.

8.1 “The Webmaster” expressly acknowledge and agree that the success of any business endeavors which involve “The Webmaster’s” participation in the Program pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of advertising and promotion, “The Webmaster’s” administrative capabilities, etc., and that the ultimate success or failure of “The Webmaster’s” business rests with “The Webmaster” and not DiamondMoney Affiliate. “The Webmaster” further expressly agree not to raise any claim of any kind against DiamondMoney Affiliate and “The Webmaster” agree to hold DiamondMoney Affiliate harmless from any claim of loss to “The Webmaster” directly or indirectly resulting from “The Webmaster’s” decision to participate in the Program pursuant to this Agreement.

9. No Monitoring Or Supervision Provided By the DiamondMoney Affiliate Program. We shall not monitor, supervise or review, and shall not be responsible for any content appearing or otherwise distributed on, at or in association with “The Webmaster’s” Website except for that content which is supplied to “The Webmaster” by the DiamondMoney Affiliate Program, provided that said content supplied to “The Webmaster” by the DiamondMoney Affiliate Program has not be altered or modified by “The Webmaster” or any other party.

10. Term And Termination Of Agreement. “The Webmaster” acknowledges and agrees that the term of this Agreement is at will, and this Agreement and/or the DiamondMoney Affiliate Program may be terminated by DiamondMoney Affiliate, in its sole and exclusive discretion, at any time, without any advance notice and for whatever reason.

10.1 In the event that this Agreement or the DiamondMoney Affiliate Program is terminated by DiamondMoney Affiliate, “The Webmaster” shall be entitled to all unpaid commissions or referral fees earned by “The Webmaster” prior to the date and hour of termination. However, “The Webmaster” shall not be entitled to receive any commissions or referral fees for any “referrals" delivered or received after the date and time of termination.

11. Entire Agreement; Modification; Assignment. This Agreement constitutes the entire agreement between “The Webmaster” and DiamondMoney Affiliate with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral.

11.1 “The Webmaster” agree that DiamondMoney Affiliate may from time to time, in its sole and exclusive discretion, modify the type and quality of benefits provided to “The Webmaster” hereunder either with or without notice. Other terms and conditions may be modified by the DiamondMoney Affiliate Program at any time upon e-mail notice to “The Webmaster” or by posting at a DiamondMoney Affiliate Program information web address location.

11.2 “The Webmaster” agree that no modification of this Agreement by “The Webmaster”, “The Webmaster’s” employees, representatives, agents, assigns or successors shall be enforceable or have any effect unless first reduced to writing and signed by a duly authorized representative of the DiamondMoney Affiliate Program.

11.3 “The Webmaster” agrees that no officer, employee or representative of “The Webmaster” or the DiamondMoney Affiliate Program has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement; and “The Webmaster” acknowledge and agree that “The Webmaster” have not executed this Agreement in reliance upon any such representation or promise.

11.4 “The Webmaster” acknowledges and agrees that the failure of DiamondMoney Affiliate to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder.

11.5 “The Webmaster” agrees that all promises, obligations, duties and warranties made by “The Webmaster” in this Agreement are personal to “The Webmaster” and that neither they nor any benefits hereunder may be assigned by “The Webmaster” to any other person or entity.

11.6 “The Webmaster” agrees that the DiamondMoney Affiliate Program may at any time, and without prior notice to “The Webmaster”, freely assign all or part of its duties, obligations and benefits hereunder.

12. Arbitration; Choice of Law. Any and all disputes as to the interpretation of, or any performance under, this Agreement which are not first resolved informally, shall be determined by binding arbitration in Indianapolis, Indiana, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of Indiana and the United States.
12.1 This Agreement is executed in Indiana and all its provisions shall be governed by and construed according to the laws and judicial decisions of the State of Indiana and the United States when applicable.

13. All Provisions Of This Agreement Not Deemed Unenforceable Shall Survive Any Unenforceable Provisions. In case any one or more of the provisions contained in this Agreement 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. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision
14. This Agreement Shall Be Deemed To Be Mutually Drafted. For purposes of construction of this Agreement, both the DiamondMoney Affiliate Program and “The Webmaster” shall be deemed to have mutually drafted this Agreement and all parts thereof.

15. Review By “The Webmaster’s” Attorney. I strongly advise that “The Webmaster” review this Agreement with “The Webmaster’s” attorney before “The Webmaster” enter into it. “The Webmaster” acknowledge and agree that nothing herein and no statement by me or any employee, representative, agent or other person associated with Me has in any way prevented or inhibited “The Webmaster” in any way from seeking such advice prior to entering into this Agreement. “The Webmaster” hereby acknowledge and agree that the terms of this Agreement are reasonable and fair; all terms have been fully disclosed in writing, and that “The Webmaster” have been given a reasonable chance to seek advice of independent counsel with respect to this Agreement and all transactions associated herewith.

16. Acceptance And Execution Of This Agreement. By CLICKING ON THE "SUBMIT FORM" BUTTON on the DiamondMoney Affiliate Sign-Up Page, and by supplying the DiamondMoney Affiliate Program with all the required information to sign “The Webmaster” up to the DiamondMoney Affiliate PROGRAM, “The Webmaster” are acknowledging that “The Webmaster” agree to all of the terms, conditions, promises, warranties, duties and obligations set forth in the above.

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