This Affiliate Terms and Conditions Agreement (the "Agreement") is entered into by and between you (the "Affiliate") and Media Revenue . Acceptance of this Agreement evidenced by clicking on the Create Account button on the Media Revenue sign-up page.
1. You must be 18 or 21 years of age, depending on your local jurisdiction, to participate in the Affiliate program.
2. Spamming. Media Revenue has a ZERO TOLERANCE policy relating to "spamming." No spamming of any kind, whatsoever, is permitted to Media Revenue site. We do not allow Affiliates to market websites under this program through the transmission of unsolicited bulk e-mails. If you send hits or cause hits to be sent via unauthorized spamming methods, your status as Affiliate will be revoked, your account cancelled and all monies due to you will be forfeited.
Should any law enforcement agency, internet service provider or other individual or entity provide Media Revenue with notice that you have engaged in the transmission of unsolicited e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, Media Revenue reserves the right to cooperate in any investigation relating to your activities, including the disclosure of your account information in connection therewith.
3. Unacceptable Traffic. Child Pornography, bestiality, rape, torture and/or any other type of obscene and/or illegal material are not tolerated by CountingStacks.com. If you send hits or cause hits to be sent from any site which contains Child Pornography, bestiality, rape, torture of any other type of obscene and/or illegal material your status as Affiliate will be revoked, your account cancelled and all monies due to you will be forfeited. Further, Media Revenue does not accept traffic from any site that contains materials which constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc.
4. Affiliate is not authorized and shall not change Media Revenue names, file names, trademarks, design logos, banners, ads or other material for any purpose other than as expressly set forth herein or in any modification to this Agreement.
5. An Active Affiliate is defined as a Affiliate that has sent a minimum number of valid referrals and sales, which result in, qualified signups on a monthly basis (the required minimum number is 5+ qualified signups to the program. Family members and employees are not eligible as referrals and any attempt to refer ineligible individuals to the program will result in immediate account termination.
6. Qualified Signup. A qualified signup is a signup of a valid referral that does not result in a refund or reversal in the first 24 hours of membership and is not in violation of the terms of this agreement.
7. Structure of the Promotion: Active Affiliates are paid by Media Revenue based on the commission program chosen by the Affiliate and the billing processor the transaction is completed with.
Standard commission options are available as follows:
Link Codes with Consoles are paid at thirty five dollars ($35) for valid trial and full qualified signups.
Link Codes without Consoles are paid at thirty dollars ($30) for valid trial and full qualified signups.
Revshare payment option is paid at 60% of gross revenues, minus processing fees on qualified signups.
Affiliate Referrals are paid at 5% of referred affiliate's gross revenues, minus transaction fees on qualified signups.
Media Revenue offers several billing options on its sites in order to satisfy the members' needs regarding type of payment instrument, currency and geographic location. Some of the billing options provide a lower profit performance when compared to the standard.
Transactions processed through LocalBilling / WTS / NetCash / PasswordByPhone and other processors besides the primary gateway biller are subject to lower PPS payouts and or set to Revshare based on the discretion of Media Revenue .
Signups as a result of second tier processors or discount offers after failure of initial payment attempt are not included in the commission program. Referrals using mobile phone devices are not included in the commission program, at this time. We reserve the right to add mobile commissions in the future as products are developed and based on program options.
Media Revenue reserves the right to adjust Affiliate payouts based on lower than average profit performance from referred sales.
8. The Pay Periods for affiliate commissions are as follows:
Current minimum payouts are:
Checks and Paxum: $100
Bank Wire Transfers: $1,000
The Pay Periods for affiliate commissions are as follows:
Commissions earned on Monday through Sunday are paid on the following Thursday (4 days later)
Example:
August 1st – August 7th – Payout on August 11th
August 8th – August 14th – Payout on August 18th
August 15th – August 21st – Payout on August 25th
August 22nd – August 28th – Payout on September 1st
The minimum payout selected by the affiliate must be reached before commisisons are paid.
All affiliate payments are made in U.S. dollars.
9. Charge Backs. Media Revenue reserves the right to cancel any Affiliate's account that has an unusually high number of charge-backs and refunds as decided in the sole and unfettered discretion of CountingStacks.com. Any monies, which are due to any Affiliate whose account has been terminated due to charge-backs and refunds, will be forfeited.
10. Commission Drops for Non-Profitable Joins
Due to the growing changes in affiliate behavior and traffic types, we are now forced to implement standard procedures for notified payment reductions. In past years we've accepted that on payout drops, some affiliates will simply move all traffic to another network. This is perfectly fine behavior but it also leaves us without any protection from future chargebacks , refunds or nonconversion.
All affiliates are expected to maintain 50% of the original traffic on payout reductions to maintain the previous payments go out as scheduled for the full amount. Those affiliates who cannot maintain this traffic level will be paid in full for all their joins, but over a 6 Month period which operates like a rolling reserve, similar to the structure all Networks are forced to adhere to with Banks.
Affiliates who cannot maintain these percents will be paid over the 6 month period, each month receiving 16.7% of the balance on hand until all payouts are no longer due.
11. Fraudulent Activity. You acknowledge and agree that Media Revenue 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. Any monies, which are due to any Affiliate whose account has been terminated due to fraudulent activity, will be forfeited.
12. Reservation of Rights. Media Revenue reserves the right to cancel this program at any time. Media Revenue shall not be liable for any losses due to server downtime, net congestions and any and all similar and like occurrences or difficulties. All Media Revenue program benefit materials, including but not limited to all advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property provided to you by Media Revenue as part of this program shall remain the property of Media Revenue and may not be copied, reproduced, altered, modified, changed, broadcast, distributed, transmitted, disseminated, sold or offered for sale in any manner except as expressly authorized in writing by CountingStacks.com.
13. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion.
14. Relationship of Parties. 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 our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of Media Revenue and CountingStacks.comtmpting expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
15. Limitation of Liability. We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
16. Representations and Warranties. You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
17. Indemnification. You hereby agree to indemnify, defend and hold harmless CountingStacks.com, 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 us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
18. Miscellaneous. This Agreement shall be binding, the failure of Media Revenue to enforce the strict performance of the terms of any provision of this Agreement shall not be deemed a waiver of the right of Media Revenue to subsequently strictly enforce any provision of this Agreement. This Agreement constitutes the entire agreement between you and CountingStacks.com. If for any reason a court of competent jurisdiction finds that any provision of this Agreement, or portion thereof, to unenforceable, in whole or in part, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement and the remainder of this Agreement shall continue in full force and effect.
19. Acceptance and Execution of Agreement. By clicking on the "I agree" button on the signup form, and by supplying Media Revenue with all the required information to sign you up as a Affiliate, you are acknowledging that you have read and agree to all of the terms and conditions, promises, warranties, duties and obligations set forth in the above agreement and agree to be bound by the terms thereof.
20. Media Revenue Community.
DO's:
1. DO have fun, get to know us and our other members
2. DO let us know of any ideas or needs you may have
3. DO interact with us and others here and discuss business or other issues that come to mind.
4. DO keep up with our news and notifications and everything we have going on, as it will be updated on this community as it is going on
5. DO let us know if you have ideas for promotions, or any other ideas you may have that will help us to help you better, you are the ones in the trenches, we are here to help all we can
DO NOT:
1. DO NOT come and make drama here, we aren't about that, against us, other sponsors, other members, it just isn't that kind of Community here. There are other boards for that type of thing, let's keep it there.
2. DO NOT post personal information about anyone, you, us, or anyone else, it simply will not be tolerated at all!
3. DO NOT be a troublemaker, troublemakers have their place and this is not the place. This will not be tolerated at all, not even for a minute.
4. DO NOT post images to anything illegal here, no underage pictures, etc. Not even of your own children, this isn't the place for it.
We reserve the right to modify the above at anytime, without notice so please be sure and keep the rules in mind, as we are very strict about them. This isn't the normal community where anything goes, this is a community for us to interact with you more closely and you to us. We love having fun and we love helping and working with and for you, but we aren't into the drama at all. So it isn't just anything goes here. Just have fun, get help, do business.. but leave the drama at the door.
21. Affiliate Code of Conduct: Affiliate agrees that if there is ever an issue, error, or cause for concern, they contact Media Revenue first, and bring this to our attention. There then must be a cure period of time of no less than 7 days for us to investigate the related issue. Once affiliate chooses to bring issue to a public forum, they eliminate Media Revenue of all damages.
1. You must be 18 or 21 years of age, depending on your local jurisdiction, to participate in the Affiliate program.
2. Spamming. Media Revenue has a ZERO TOLERANCE policy relating to "spamming." No spamming of any kind, whatsoever, is permitted to Media Revenue site. We do not allow Affiliates to market websites under this program through the transmission of unsolicited bulk e-mails. If you send hits or cause hits to be sent via unauthorized spamming methods, your status as Affiliate will be revoked, your account cancelled and all monies due to you will be forfeited.
Should any law enforcement agency, internet service provider or other individual or entity provide Media Revenue with notice that you have engaged in the transmission of unsolicited e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, Media Revenue reserves the right to cooperate in any investigation relating to your activities, including the disclosure of your account information in connection therewith.
3. Unacceptable Traffic. Child Pornography, bestiality, rape, torture and/or any other type of obscene and/or illegal material are not tolerated by CountingStacks.com. If you send hits or cause hits to be sent from any site which contains Child Pornography, bestiality, rape, torture of any other type of obscene and/or illegal material your status as Affiliate will be revoked, your account cancelled and all monies due to you will be forfeited. Further, Media Revenue does not accept traffic from any site that contains materials which constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc.
4. Affiliate is not authorized and shall not change Media Revenue names, file names, trademarks, design logos, banners, ads or other material for any purpose other than as expressly set forth herein or in any modification to this Agreement.
5. An Active Affiliate is defined as a Affiliate that has sent a minimum number of valid referrals and sales, which result in, qualified signups on a monthly basis (the required minimum number is 5+ qualified signups to the program. Family members and employees are not eligible as referrals and any attempt to refer ineligible individuals to the program will result in immediate account termination.
6. Qualified Signup. A qualified signup is a signup of a valid referral that does not result in a refund or reversal in the first 24 hours of membership and is not in violation of the terms of this agreement.
7. Structure of the Promotion: Active Affiliates are paid by Media Revenue based on the commission program chosen by the Affiliate and the billing processor the transaction is completed with.
Standard commission options are available as follows:
Link Codes with Consoles are paid at thirty five dollars ($35) for valid trial and full qualified signups.
Link Codes without Consoles are paid at thirty dollars ($30) for valid trial and full qualified signups.
Revshare payment option is paid at 60% of gross revenues, minus processing fees on qualified signups.
Affiliate Referrals are paid at 5% of referred affiliate's gross revenues, minus transaction fees on qualified signups.
Media Revenue offers several billing options on its sites in order to satisfy the members' needs regarding type of payment instrument, currency and geographic location. Some of the billing options provide a lower profit performance when compared to the standard.
Transactions processed through LocalBilling / WTS / NetCash / PasswordByPhone and other processors besides the primary gateway biller are subject to lower PPS payouts and or set to Revshare based on the discretion of Media Revenue .
Signups as a result of second tier processors or discount offers after failure of initial payment attempt are not included in the commission program. Referrals using mobile phone devices are not included in the commission program, at this time. We reserve the right to add mobile commissions in the future as products are developed and based on program options.
Media Revenue reserves the right to adjust Affiliate payouts based on lower than average profit performance from referred sales.
8. The Pay Periods for affiliate commissions are as follows:
Current minimum payouts are:
Checks and Paxum: $100
Bank Wire Transfers: $1,000
The Pay Periods for affiliate commissions are as follows:
Commissions earned on Monday through Sunday are paid on the following Thursday (4 days later)
Example:
August 1st – August 7th – Payout on August 11th
August 8th – August 14th – Payout on August 18th
August 15th – August 21st – Payout on August 25th
August 22nd – August 28th – Payout on September 1st
The minimum payout selected by the affiliate must be reached before commisisons are paid.
All affiliate payments are made in U.S. dollars.
9. Charge Backs. Media Revenue reserves the right to cancel any Affiliate's account that has an unusually high number of charge-backs and refunds as decided in the sole and unfettered discretion of CountingStacks.com. Any monies, which are due to any Affiliate whose account has been terminated due to charge-backs and refunds, will be forfeited.
10. Commission Drops for Non-Profitable Joins
Due to the growing changes in affiliate behavior and traffic types, we are now forced to implement standard procedures for notified payment reductions. In past years we've accepted that on payout drops, some affiliates will simply move all traffic to another network. This is perfectly fine behavior but it also leaves us without any protection from future chargebacks , refunds or nonconversion.
All affiliates are expected to maintain 50% of the original traffic on payout reductions to maintain the previous payments go out as scheduled for the full amount. Those affiliates who cannot maintain this traffic level will be paid in full for all their joins, but over a 6 Month period which operates like a rolling reserve, similar to the structure all Networks are forced to adhere to with Banks.
Affiliates who cannot maintain these percents will be paid over the 6 month period, each month receiving 16.7% of the balance on hand until all payouts are no longer due.
11. Fraudulent Activity. You acknowledge and agree that Media Revenue 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. Any monies, which are due to any Affiliate whose account has been terminated due to fraudulent activity, will be forfeited.
12. Reservation of Rights. Media Revenue reserves the right to cancel this program at any time. Media Revenue shall not be liable for any losses due to server downtime, net congestions and any and all similar and like occurrences or difficulties. All Media Revenue program benefit materials, including but not limited to all advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property provided to you by Media Revenue as part of this program shall remain the property of Media Revenue and may not be copied, reproduced, altered, modified, changed, broadcast, distributed, transmitted, disseminated, sold or offered for sale in any manner except as expressly authorized in writing by CountingStacks.com.
13. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion.
14. Relationship of Parties. 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 our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of Media Revenue and CountingStacks.comtmpting expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
15. Limitation of Liability. We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
16. Representations and Warranties. You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
17. Indemnification. You hereby agree to indemnify, defend and hold harmless CountingStacks.com, 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 us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
18. Miscellaneous. This Agreement shall be binding, the failure of Media Revenue to enforce the strict performance of the terms of any provision of this Agreement shall not be deemed a waiver of the right of Media Revenue to subsequently strictly enforce any provision of this Agreement. This Agreement constitutes the entire agreement between you and CountingStacks.com. If for any reason a court of competent jurisdiction finds that any provision of this Agreement, or portion thereof, to unenforceable, in whole or in part, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement and the remainder of this Agreement shall continue in full force and effect.
19. Acceptance and Execution of Agreement. By clicking on the "I agree" button on the signup form, and by supplying Media Revenue with all the required information to sign you up as a Affiliate, you are acknowledging that you have read and agree to all of the terms and conditions, promises, warranties, duties and obligations set forth in the above agreement and agree to be bound by the terms thereof.
20. Media Revenue Community.
DO's:
1. DO have fun, get to know us and our other members
2. DO let us know of any ideas or needs you may have
3. DO interact with us and others here and discuss business or other issues that come to mind.
4. DO keep up with our news and notifications and everything we have going on, as it will be updated on this community as it is going on
5. DO let us know if you have ideas for promotions, or any other ideas you may have that will help us to help you better, you are the ones in the trenches, we are here to help all we can
DO NOT:
1. DO NOT come and make drama here, we aren't about that, against us, other sponsors, other members, it just isn't that kind of Community here. There are other boards for that type of thing, let's keep it there.
2. DO NOT post personal information about anyone, you, us, or anyone else, it simply will not be tolerated at all!
3. DO NOT be a troublemaker, troublemakers have their place and this is not the place. This will not be tolerated at all, not even for a minute.
4. DO NOT post images to anything illegal here, no underage pictures, etc. Not even of your own children, this isn't the place for it.
We reserve the right to modify the above at anytime, without notice so please be sure and keep the rules in mind, as we are very strict about them. This isn't the normal community where anything goes, this is a community for us to interact with you more closely and you to us. We love having fun and we love helping and working with and for you, but we aren't into the drama at all. So it isn't just anything goes here. Just have fun, get help, do business.. but leave the drama at the door.
21. Affiliate Code of Conduct: Affiliate agrees that if there is ever an issue, error, or cause for concern, they contact Media Revenue first, and bring this to our attention. There then must be a cure period of time of no less than 7 days for us to investigate the related issue. Once affiliate chooses to bring issue to a public forum, they eliminate Media Revenue of all damages.