This Webmaster Terms and Conditions Agreement and the Webmaster
Acknowledgment (the "Agreement") is entered into by and between you
(the "Webmaster") and Titan Websites Inc, doing business as TeenCash.com, ("TC"), upon acceptance of this Agreement evidenced by your electronic signature below and by
clicking on the Create Account button on the TeenCash.com sign-up
1. BASIC AGREEMENT
Upon acceptance by Webmaster of the terms and conditions and the Webmaster
Acknowledgment contained herein and
continued compliance herewith, Webmaster shall be allowed to participate
TeenCash.com Webmaster Program (the "Program") wherein TC shall
to use certain intellectual property of TC on Webmaster's Web sites
and promotional purposes and as consideration for any traffic directed
to TeenCash.com through Webmaster's marketing and promotional
efforts and that
converts into revenue to TC, TC shall pay Webmaster compensation, as
forth in section 3 below.
WEBMASTER IS PROHIBITED FROM USING ANY FORM OF MASS EMAILING, SOLICITED
TO PROMOTE TEENCASH.COM, ANY OF ITS WEB SITES, OR OTHER WEB SITES OWNED,
AND/OR OPERATED BY TC. Violations of this provision of the Agreement
in immediate termination of this Agreement. If Webmaster violates this
utilizes unsolicited emailing to promote, market, or advertise
TeenCash.com, any of
its web sites, or other web sites owned, controlled, and/or operated by
Program accounts operated by Webmaster will be immediately terminated
will be reported to the proper authorities.
Prohibited Countries: Due to excessive fraud attempts, TC does not
who reside in the following countries to participate in our program:
Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croatia, Czech
Estonia, Georgia, Hungary, India, Indonesia, Israel, Jordan,
Kazakhstan, North Korea, South Korea, Kyrgyzstan, Latvia, Lithuania,
Moldova, Pakistan, Philippines, Romania, Singapore, Slovakia,
Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine,
United Arab Emirates,
Uzbekistan, and Yugoslavia.
2. RIGHTS GRANTED WEBMASTER
TC grants Webmaster each of the following:
2.1 The nonexclusive right to refer, direct or send
visitors or users
of Webmaster's Web site(s) to web sites owned, controlled and/or
operated by TC
("TC Web sites"); and
2.2 A limited nonexclusive, nontransferable, and
to access and download promotional banners, and other promotional
and owned by TC for use on Webmaster Web sites for the exclusive
purpose of advertising,
marketing or promoting TeenCash.com, its web sites, or any other
TC Web sites. Webmaster
may post as many of these banners and other materials on its site(s) as
2.3 TC owns and retains all right, title and
interest in and to its
intellectual property, copyright, trademarks, patents, and in the files,
and other material provided by TC, including all images therein. Upon
Webmaster's participation in the Program and/or termination of this
grant of right and license set forth in subsection 2.2
cease and terminate, and Webmaster shall immediately remove all TC
files, banners, ads,
and any and all other TC intellectual property, copyrighted material,
trademarks, and patents,
if any, from Webmaster's Web sites.
2.4 Webmaster is not authorized and shall not change
file names, trademarks, design logos, banners, ads or other material for
purpose other than as expressly set forth herein or in any modification
this Agreement by TC.
2.5 Webmaster further acknowledges and agrees that any
or changes will be a material breach of this Agreement and shall
infringement of TC' copyrighted and/or trademarked intellectual
2.6 Webmaster agrees and covenants to notify TC of
Resource Locator (URL) a.k.a. "Web site" locations where it has
published TC' names,
file names, trademarks, design logos, banners, ads or other material
pursuant to this
Agreement, specifically identifying the names, file names, trademarks,
banners, ads or other material posted at each URL. Webmaster further
and agrees that failure to notify TC of these locations constitutes a
breach of this Agreement and each such posting of which Webmaster fails
TC shall constitute an infringement of TC' copyrighted and/or
3. PAYMENT OF COMPENSATION
TC will pay Webmaster for Web traffic to TC Target Page(s) from a
banner or link
posted on web page(s) of Webmaster's site(s) as follows.
3.1 Per Sign-Up Payments: Webmaster will be paid a
flat rate of twenty five
United States Dollars ($25 USD) per new membership sign-up. In addition to the standard per
sign-up rates of $25 USD, TC maintains a variety of other payout rates
for sites and products on the Program.
Click here to review all
Rates for the Program.
3.2 Revenue Share Payments: As an alternative to the
compensation option, TC offers a Revenue Sharing option to Webmasters.
the Revenue Sharing option of the Program, Webmasters receive 60% of the
gross receipts from referred accounts. For a breakdown
of other TeenCash payout rates, visit the
3.3 All payments are made by check in U.S. dollars.
Payments are mailed
on the 1st and 15th of each month. Payment will only be sent if the
amount due to Webmaster
is at least US $50 depending on which pay method was chosen. Payment
will be carried over
from week to week until the amount due to Webmaster is at least US $50
depending on pay
method that was chosen. A "Pay Period" is defined as a two-week period
commencing on the
1st and 16th day of each given month at 12:00 AM Pacific Standard Time
and ending two
weeks later on the 15th or last day of the month, respectively, at 11:59
Standard Time. If Webmaster is a foreign, non-United States resident
may request that TC withhold payment until the amount due is US$200 or
greater, so as to
incur lower banking fees.
3.4 Webmaster agrees, by accepting and negotiating
payment received from TC, 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.
3.5 A "referral" from a Webmaster Web site
entitling Webmaster to a "commission" is defined as follows:
(i) A person who has been directed to an
owned, controlled or operated by TC ("TC Web site") through
the use of a hypertext transfer link residing on Webmaster's
Web site in the form of a banner ad or other promotional link
which automatically connects any person who clicks on the
banner ad or other promotional link to a TC Web site, and
which banner ad or other promotional link has been supplied
to Webmaster as part of the Program; and
(ii) That person who, after having been directed
TC Website through the use of the hyperlink banner ad or other
link supplied to Webmaster residing on Webmaster's Website, has been
into a subscriber or member of a TC Website.
3.6 "Webmaster Referral" Program: TC will also
Webmaster for sales generated by other webmasterss referred to TC by
When a new webmaster signs up for the Program through the approved
Referral link provided to the Webmaster by TC, the Webmaster will
commission on each sale generated by that referred webmaster.
For details on the current commission rates for the TC Webmaster
(i) Webmasters are prohibited from "referring" their
as such "self-referrals" will result in termination of all Program
operated by the Webmaster.
4. RESTRICTIONS ON PAYMENT OF COMPENSATION
4.1 Webmaster is not entitled to a commission for any
subscriber sent or referred to a TC Website in violation of the terms
this Agreement, or for any TC subscriber who does not fall within the
terms of paragraphs 3.6 (i) &
4.2 Webmaster will not be entitled to a commission
TC for any subscription that TC determines is the result of
fraudulent activity. TC shall have the right, in its sole and absolute
discretion, to expand or modify what it determines to constitute
fraudulent activity. Without limiting the foregoing, potential
activity includes without limitation, the following circumstances or
(i) The subscriber used or attempts to use a credit
number that is in a "negative database;"
(ii) There are multiple subscriptions from a single
Internet Protocol (IP) address within a one (1) month period of time;
(iii) There are sequential or multiple
different names, or variations of the same name using the same credit
or sequential names or patterns of names using different credit card
(iv) There is a pattern of "bursting subscriptions"
characterized by numerous subscriptions from a Website in a relatively
time span (the "bursting period"), where there has been history of few
subscriptions from that Website before or after the bursting period.
(v) There are sequential or multiple attempts to
or subscribe from a credit card using the same "bin number" and
or multiple number strings are used to complete the credit card number.
(vi) There are subscriptions from an IP address that
the IP address Webmaster used in establishing an account in the Program,
an IP address that is otherwise known to be used by Webmaster.
(vii) Advertising the site as free or that a credit card is required only for age verification.
(viii) Encouraging members to signup and then cancel their trial subscription.
(ix) Pretending to be one of TC site models while soliciting sales.
4.3 TC has the right to deny or withhold payment
Webmaster, and to terminate Webmaster from the Program, if there is an
abnormal number of charge backs or cancellations of memberships or
subscriptions which have been referred to TC through Webmaster's
TC shall determine, in its sole and absolute judgment, what
an abnormal number of charge backs or cancellations of memberships or
5. TERM AND TERMINATION
5.1 This Agreement is not for any specific term or
duration of time.
Webmaster may terminate this Agreement at any time, for any reason or no
this Agreement and/or the Program may be terminated by TC, in its sole
absolute discretion, at any time, for any reason or no reason.
5.2 Webmaster shall terminate participation in the
program by notifying
TC by E-mail at support@TeenCash.com
of Webmaster's intent
to terminate participation in the Program.
In the event this Agreement is terminated, Webmaster shall be entitled
to any unpaid
commissions or referral fees earned prior to the date and hour of
Webmaster shall not be entitled to receive any commissions or referral
for any "referrals" delivered or received after the date and time of
If this Agreement is terminated due to Webmaster's breach of any portion
of this Agreement,
TC reserves the right to withhold any amounts then due and owing.
6. WEBMASTERS'S RESPONSIBILITIES AND DUTIES
Webmaster shall only use and promote on Webmaster Websites TC approved
links, and other promotional materials.
Webmaster shall not use or employ any form of mass solicited or
unsolicited electronic mailings,
newsgroup postings, Instant Messenger chat, IRC postings, adware,
spyware, malware marketing or
any other form of "spamming" as a means of promoting Webmaster Websites
or for the
purpose of directing or referring users to any Websites owned, operated
or controlled by TC.
Webmaster further acknowledges and agrees that TC has the right to
and without notice, terminate your participation in the Program if TC,
sole and absolute discretion, concludes that Webmaster has engaged in
of any form of mass solicited or unsolicited electronic mail
newsgroup postings, password selling or trading, warez, IRC posting,
spyware, malware marketing or any other form of "spamming".
NOTE: TC HAS ZERO TOLERANCE FOR SPAMMING. IF WEBMASTER
PARTICIPATION IN THE PROGRAM WILL BE TERMINATED, WEBMASTER WILL
BE BARRED FROM FUTURE PARTICIPATION IN THE PROGRAM AND ALL FUNDS
OTHERWISE DUE TO WEBMASTER WILL BE FORFEITED TO TC.
TC, its subsidiaries, and affiliated entities operate within the laws
the adult entertainment business. However, it is the webmaster's
to become familiar with and make every effort to continually educate him
of the laws that regulate and govern the adult entertainment industry.
provided the links below to some of the laws, as they exist today.
HERE TO REVIEW THE TEXT OF THE CAN-SPAM ACT)
( CLICK HERE TO REVIEW THE TEXT OF THE FTC's FINAL
This list may be amended as enactment of similar laws occurs federally
or in other states.
Notice to webmaster of said amendments is considered provided by the
posting of such amendments
hereto. It is the responsibility of webmaster to frequently refer to
these terms and conditions
for any amendments or modifications thereof. Further, TC does not
represent or guarantee the
above list/links to be all-inclusive and recommends that webmaster
independently research and
investigate the possibility of other state or federal legislation
mandating compliance with
online registers or regulating the adult entertainment industry.
If you have questions regarding the law, please consult with an
If you have any questions concerning TeenCash Zero Tolerance
Policy, please contact
Except as expressly authorized by TC in writing, Webmaster shall not
reproduce, alter, modify, change, broadcast, distribute, transmit or
any banners or other promotional or advertising materials provided by
to this Agreement in whole or in part, in any form or manner, at any
time or anywhere
in the World.
6.5 Webmaster shall ONLY use Promotional Pictures and
provided by TC to promote sites that are included in the Program. For
of this Agreement, Promotional Pictures and Images means any of the
videos provided in zip file format on TEENCASH.COM.
6.6 Webmaster shall disseminate, transmit, broadcast
the material provided through the Program only to consenting adults over
of eighteen (18) years, twenty-one (21) years in those locations where
the age of majority.
6.7 All content displayed on any Website containing
TC banners or links,
and all content displayed on any Website to which Webmaster provides
third party links to,
must comply with all local laws and community standards. Accordingly,
Webmaster shall not
include, or link to, any of the following within a Website that contains
TC banners or
links, or directly or indirectly link any of the following content or
material to any
TC Website through any hyperlinks maintained or created on Webmaster's
(i) Material deemed obscene by TC, including
materials depicting bestiality, violence, rape, torture, feces, or
(ii) Any material not in full compliance with the
18 U.S.C. 2257, and as may be amended by Congress;
(iii) Any material that constitutes child
any material in which persons under the age of eighteen are depicted in
simulated, or suggestive sexual situations, or material that involves
of nudity or sexuality by an age inappropriate-looking performer (i.e.
who looks younger than 18 years of age), or by a performer who is
made to appear to be a person under the age of 18 years of age by virtue
the script, make-up, demeanor, costuming, setting, etc. Prohibited
mentioned herein includes the use of the term 'lolita' for any purpose
any fashion including, but not limited to, within meta-based tags;
(iv) Any material deemed by TC to be threatening,
abusive, hateful, defamatory, libelous, slanderous, scandalous or
to the reputation of any person or entity;
(v) Any material which constitutes an infringement,
misappropriation, or violation of any person's intellectual property
rights including without limitation, copyrights, trademarks, rights of
publicity, patent rights, personal property rights, privacy rights,
or any other intellectual property right; or
(vi) 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.
7. REPRESENTATIONS AND WARRANTIES
Webmaster hereby represents and warrants each of the following:
7.1 That if Webmaster is an individual person,
he/she is over the age of eighteen (18) years;
7.2 That if Webmaster is an entity (i.e., corporation,
limited liability company, etc.) that all individuals employed or
associated with Webmaster in any way are over the age of eighteen (18)
7.3 Webmaster warrants and represents that it owns or
operates a lawful, and otherwise valid Internet Web site;
7.4 That the individual who provides information
to the Program and accepts this Agreement has full, lawful, power and
to enter into and to carry out the terms of this Agreement.
8. UNITED STATES TAXATION
8.1All United States residents and corporations, and
participants who are residents of the United States, are required to
completed and signed United States Department of Treasury Internal
Service Form W-9 setting forth information including a United States
Employer Identification Number, or Social Security Number.
9. RIGHTS OF TC
9.1 TC shall have the right, in its sole and
discretion, to terminate the Program and any and all Program Benefits
to Webmaster's participation in the Program at any time and may do so
with or without cause.
9.2 TC shall have the right, in its sole and
to change or modify the Program, including without limitation, the right
an Webmaster participating in the Program based on "click throughs"
a flat commission or fee for a referral, as defined in section
3. If at any
time TC changes or modifies the Program, Webmaster shall have the
to withdraw and terminate participation in the Program.
10. NO PARTNERSHIP, JOINT OR COLLABORATIVE VENTURE
10.1 Nothing contained in this Agreement shall create
deemed to create a partnership, joint venture, or other business
or venture of any kind between Webmaster and TC, its subsidiaries,
affiliated entities, successors or assigns; nor shall any term contained
in this Agreement constitute or create any agency or employment
between Webmaster and TC, its subsidiaries, affiliated entities,
successors or assigns.
10.2 TC has no control over nor ownership interest
or Webmaster's Websites, and Webmaster has no financial or other
interest in TC,
its subsidiaries, affiliated entities or any property owned by such
except as expressly set forth herein.
11. NO CONTENT CONTROL, MONITORING OR SUPERVISION
11.1 TC does not monitor, supervise, or review
contained on Webmaster's Websites. TC is not responsible for any
appearing or otherwise distributed on, at, or in association with
Websites that is provided by Webmaster or independent third parties.
11.2 TC has no direct or indirect control over the
content of performances or services, the manner of performances or
or the time or duration of provision of performances or services by
at or in association with Webmaster's Website except as specifically set
forth in this Agreement.
12. NO WARRANTY OR GUARANTY
TC makes no guaranty of any kind with respect to the Program or
provided by, through, or in association with the Program, and all
provided to Webmaster "as is," and use of the Program and associated
is solely at Webmaster's risk.
TC disclaims all warranties, either express or implied, including, but
not limited to,
warranties of merchantability and fitness for a particular purpose with
regard to the
Program and any and all materials of every kind supplied to Webmaster as
part of this Program.
13. NO GUARANTY OF SUCCESS OR PROFITABILITY
TC cannot guaranty or promise Webmaster any level of success or
due to Webmaster's participation in the Program. Webmaster has
entered into an Internet service business and all risk of loss, cost,
expense of Webmaster doing business shall be borne solely by Webmaster.
14. FORCE MAJEURE
Neither party shall be liable for any loss or delay, nor be considered
of this Agreement, due to an act of God, fire, natural disaster,
strike or other labor stoppage, declaration of war or military
computer system/server failure, network failure, governmental action, or
any other cause outside the control of the parties and which cannot be
avoided by the exercise of due care.
15. LIMITATION OF LIABILITY
TC, its subsidiaries, affiliated entities, employees, independent
agents, representatives, assigns, and successors shall not be liable to
or any other person or entity, for any direct or indirect losses,
incidental, consequential, or other damages (INCLUDING, WITHOUT
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS
OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY
regard to any link to any TC Website, or arising from or in connection
this Agreement or the use of the TeenCash Program materials, or
due to any mistakes,
omissions, delays, errors, interruptions in the transmission, or receipt
TC's services, content, or Program materials, including without
losses due to server problems or due to incorrect placement of HTML.
Webmaster shall indemnify and hold TC, its subsidiaries, affiliates,
content providers, service providers, employees, agents, officers,
and contractors and any successor-in-interest or assign (the
harmless from any breach of this Agreement by Webmaster, including any
Program materials other than as expressly authorized in this Agreement.
Webmaster agrees that the Indemnified Parties shall have no liability in
with any such breach or unauthorized use, and Webmaster agrees to
any resulting loss, damage, judgment, award, cost, expense, and
of the Indemnified Parties. Webmaster shall also indemnify and hold the
Parties harmless from and against any and all claims brought by third
arising out of Webmaster's use of the information accessed from a TC
17. TRANSFER OR ASSIGNMENT
17.1 This Agreement shall not, under any
transferred or assigned by Webmaster to any other person or entity, and
attempted transfer or assignment of a membership shall be void.
17.2 TC may, at any time, in its sole discretion
without prior notice to Webmaster, transfer or assign this Agreement to
affiliated or non-affiliated person or entity.
This Agreement is subject to change or modification by TC at any time
changes shall become effective upon notice to Webmaster by e-mail,
at or via hyperlink to a TC Website, or by mail. An Webmaster may not
alter, delete, add or change or edit any of these terms and conditions,
and any such attempted alteration shall be void and of no effect.
19. NOTICES TO TC OR WEBMASTERS
Notices from a TC Website to Webmasters may be given by means of
messages (email), by general posting on the Website, or by conventional
Communications from Webmaster to TC may be made by electronic messages
or conventional mail, unless otherwise specified in this Agreement.
All notices to TC sent by electronic mail shall be to support@TeenCash.com.
Notices from TC shall be deemed delivered when sent by TC to
notices of changes or modifications to this Agreement shall be accepted
Webmaster upon the first use by Webmaster of the Materials provided in
Program after such notice was sent; and, such acceptance of a change or
shall be deemed to relate back to the date such change or modification
was originally sent by TC.
20. ARBITRATION; GOVERNING LAW
20.1 This Agreement shall be governed by, and
construed only in accordance with,
the laws of the USA, without giving effect to principles of conflicts of
20.2 The parties agree that any dispute between
out of or related to this Agreement and the services hereunder shall be
by binding arbitration conducted under the Commercial Arbitration Rules
International Chamber of Commerce in effect as of the date any such
initiated. This is an exclusive remedy. Unless another venue is agreed
both parties, any arbitration conducted pursuant to this paragraph shall
place in the USA. The arbitration and proceedings related thereto shall be
in English. A single arbitrator will make a determination and render an
within thirty (30) days of the close of evidence in such arbitration
The parties waive right to jury trial and agree that the arbitration
be final and binding and that judgment will be entered thereon in any
competent jurisdiction. Notwithstanding the foregoing, any party may
judicial intervention to prevent any unauthorized use or disclosure of
or proprietary information of the party (or those to whom it owes a duty
bringing any such action. In addition, any party may bring an action in a
of competent jurisdiction to enforce (i) the Arbitration, Venue, and
provsions hereof and (ii) any arbitration award rendered hereunder, and
action shall not be deemed a waiver of this arbitration requirement or
any other provision hereof.
20.3 The venue for any other legal proceedings
arising from or
connected with this Agreement shall be exclusively in the USA, and no
have the right to challenge venue based upon forum non conveniens
In any legal proceeding (including arbitration) arising from, under or
in connection with this Agreement, the prevailing Party shall recover
attorneys fees and costs incurred in preparation for and in connection
arbitration, trial and appellate proceedings, along with such other
rendered by the arbiter.
20.4 This Agreement shall be executed in the
and shall be controlled in all respects by the English language,
if this Agreement is translated into another language.
The failure of any party hereto to insist upon strict
performance of any
covenant or agreement contained herein, or to exercise any option or
shall not be construed to be a waiver or relinquishment of any such
right or, of any other covenants or agreements, but the same shall be
in full force and effect.
If any provision of this Agreement is held to be invalid or
in any respect, such invalidity or unenforceability shall not affect or
the validity or enforceability of the remaining provisions of this
but, to the contrary, this Agreement shall be construed as if such
unenforceable provision had never been contained herein.
22. ENTIRE AGREEMENT, HEADINGS, AND NEUTRAL CONSTRUCTION
This Agreement and any changes or modifications thereto by TC and
by Webmaster expresses the entire agreement between the parties
Webmaster's participation in the Program, and all materials directly and
indirectly related thereto, superseding and negating any prior or
contemporaneous agreements, whether written or oral. There are no
agreements, arrangements, or undertakings relating to the matters
which are not fully expressed herein. The headings are for convenience
and shall not be construed to give any substantive meaning to the
between the parties. This Agreement shall be construed neutrally and as
commemoration of the mutual assent of both parties rather than for or
against either party.
23. REVIEW BY ATTORNEY
TC strongly advises that Webmaster review this Agreement with an
before acceptance of its terms so Webmaster is fully apprised of all its
rights, duties, and obligations under this Agreement. Webmaster
that nothing herein and no statement by TC or any employee,
agent or other person associated with TC has in any way prevented or
inhibited Webmaster from seeking such independent legal advice prior to
entering into this Agreement. You hereby acknowledge and agree that the
terms of this Agreement are reasonable and fair; all terms have been
fully disclosed in writing, and Webmaster has been given reasonable
opportunity to seek the advice of independent counsel with respect
to this Agreement and all transactions associated herewith.
24. ELECTRONIC SIGNATURES
You hereby acknowledge and agree that physical signatures are not
this Agreement, and any form of electronic acceptance of the terms of
including but not limited to your checking or clicking of an 'I agree'
or 'Create Account'
box, shall be permissible and acceptable forms of acceptance by you of
the terms of this
25. ACCEPTANCE AND EXECUTION
By CLICKING ON THE "CREATE ACCOUNT" BUTTON on the TeenCash.com
and by supplying TC with all the information required to create an
on the Program, Webmaster has accepted all of the terms and conditions
set forth herein above.