Terms & Conditions
Sweetkandie.com.com and you, the webmaster which submits the on-line form to become a webmaster(referred to herein as "WEBMASTER" or "you" or "your") enter into this binding Marketing Agreement ("the Agreement"). This Agreement relates to Sweetkandie.com's program (the "Sweetkandie.com Program") which is further described below.
Webmasters from Albania, Argentina, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croatia, Czech Republic, Ecuador, Estonia, Georgia, Hungary, India, Indonesia, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Korea, Kyrgyzstan, Latvia, Lithuania, Malaysia, Moldova, Pakistan, Philippines, Poland, Romania, Russia(past and present), Singapore, Slovakia, Slovenia, Syria, Spain, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, and Yugoslavia are banned from joining with Sweetkandie.com. If you are from one of the above countries please do not signup, your account will be deleted without notice if you signup.
A. WEBMASTER RESTRICTIONS
1. Restricted Sites. WEBMASTER shall not PROMOTE Sweetkandie.com’s sites on any type of "password giveaway" "mp3" or "warez" sites. If any Sweetkandie.com’s promotion is found on such a Sites, WEBMASTER's account will be subject to immediate termination and denial of Commissions.
2. Misuse/Cheating. WEBMASTER shall be deemed to be in material breach of this Agreement, and shall forfeit all Commissions due to it, in the event WEBMASTER creates, assists in the creation of, or knows of, a false generation of Joins. By way of example, and not limitation, WEBMASTER shall not cause or assist in the creation of Joins which the initiator thereof intends to chargeback or for which the initiator intends to request credit.
3. Spamming/Unfair Advertising. WEBMASTER shall not advertise, market, or promote the Webmaster Site or the Sponsor Sites by sending unsolicited electronic mail messages, including the sending of spam, "junk mail" or other electronic advertising material to individuals who did not specifically request such material, nor shall WEBMASTER engage in any advertising, marketing, or promotion of the Webmaster Site or the Sponsor Sites in any manner which would be unfair to competitors, unethical, or constitute a violation of netiquite (i.e., what is acceptable to the average reasonable Internet user). In such event, WEBMASTER shall be deemed to be in material breach of this Agreement, and shall forfeit all Commissions due to it.
4. Notification of Contact Network. You are advised that a network of contacts with AOL and other major ISP's is in place, and if you spam, you will be caught, and your account will be terminated, and your account information will be turned over to such ISP. If your account is caught spamming AOL, your account will be terminated, and your personal information will be forwarded to AOL's legal department. If your account is caught spamming ICQ, IRC, AOL AIM, MSN IM, USENET, MESSAGE BOARDS, EARTHLINK your account will be terminated, and your personal information will be forwarded to the appropriate organization.
5. Quality Control/Legal and Non-Infringing Content. Sweetkandie.com shall at all times have the right to terminate this Agreement if, in Sweetkandie.com's sole discretion, the Webmaster Site does not meet the quality which Sweetkandie.com deems appropriate for association with the Sweetkandie.com Program or the Sponsor Sites. Moreover, Sweetkandie.com shall have right to terminate this Agreement if any website controlled, owned, or operated by WEBMASTER contains material which is illegal or violates the rights of any third party, including, without limitation, obscene content or material which constitutes or includes copyright infringement (e.g., display of images on the Webmaster Site to which WEBMASTER does not have a license or does not own), trademark infringement, patent infringement, defamatory statements, invasion of privacy, or misappropriation of publicity rights.
6. No Modification Allowed. WEBMASTER may not alter, customize, modify, add to, delete from, or create derivative works based upon the Sweetkandie.com Program, or any designs or artwork which comprise the Sweetkandie.com Program, or any copyrightable or copyrighted work or trademark provided to WEBMASTER by Sweetkandie.com in any way.
7. License Granted to Sweetkandie.com for Access to the Site. For the term hereof, WEBMASTER shall provide to Sweetkandie.com a fully paid up license to access and use (without any charge) all portions of the Webmaster Site. Moreover, WEBMASTER will provide Sweetkandie.com with a unique and valid username and valid password for the Webmaster Site which will permit Sweetkandie.com access to the Webmaster Site such that Sweetkandie.com can inspect the Webmaster Site to verify that WEBMASTER abides by the terms and conditions set forth herein. Sweetkandie.com may terminate the Agreement, and WEBMASTER shall forfeit all Commissions due to it, if at anytime such username or password becomes invalid.
8. Limited by These Terms and Conditions as Modified. Sweetkandie.com reserves the sole right to modify or re-state this Agreement at any time and any such modifications or restatements shall be deemed effective thirty (30) days after such revisions or restatements are posted at the Sweetkandie.com website. WEBMASTER shall have a continuing duty to check these Terms and Conditions once a month in order to ensure that you are in compliance with this Agreement. If you do not agree with any change or modification to this Agreement, your only remedy shall be to terminate the Agreement. By continuing to market the Sponsor Sites, you consent to and agree to be bound by any such modifications to this Agreement.
B. WARRANTIES; INDEMNITY; LIMITATION OF LIABILITY 1. WEBMASTER represents, warrants, and guarantees that:
(i) Access to the Webmaster Site is restricted to adults eighteen (18) years of age or older (or not less than the valid age of adulthood if such age is greater than eighteen (18) in such Customer's jurisdiction of residence or place the Customer uses the Webmaster Site), and access to minors of the Webmaster Site is strictly prohibited;
(ii) WEBMASTER understands that the Sponsor Sites are intended for adults only, that the Sponsor Sites contain sexually explicit material (but not obscene material), access to the Sponsor Sites is restricted to adults eighteen (18) years of age or older, and access to minors of the same is strictly prohibited;
(iii) WEBMASTER owns or operates the Webmaster Site and maintains WEBMASTER's business in connection therewith in accordance with the laws of the jurisdictions in which WEBMASTER conducts such business;
(iv) The Webmaster Site is a lawful, and otherwise valid Internet web site;
(v) WEBMASTER is an adult at least eighteen (18) years of age, or is a business entity (e.g., corporation, limited liability company, etc.) run or operated solely by adults at least eighteen (18) years of age, who has/have the requisite power and authority to enter into this Agreement and perform the obligations set forth herein;
(vi) Performance under this Agreement does not and will not constitute a breach of any existing contract or obligation undertaken by WEBMASTER and there are not outstanding orders, judgments, decrees, rules or regulations which would preclude WEBMASTER from entering into this Agreement or advertising adult-oriented content on the Webmaster Site;
(vii) WEBMASTER maintains, and upon reasonable request by Sweetkandie.com shall provide to Sweetkandie.com, a copy of the records required to be kept by a Producer pursuant to 18 U.S.C. § 2257, for each performer featured or depicted via the Webmaster Sites engaged in actual sexually explicit conduct, and specifically: (a) identification of the images in which the performer appears; (b) the full legal name of the performer; (c) any and all names ever used by such performer, including maiden name, alias, nickname, stage name, or professional name; (d) a certification of date of birth; and (e) a copy of the performer's valid passport, driver's license, work identification card, school identification card, selective service card, or identification card issued by a state.
(viii) WEBMASTER is solely responsible to take all reasonable steps necessary to comply with all applicable state, federal and local laws, if any, regarding access to sexually explicit materials by minors or residents of areas where such materials are likely to be deemed in violation of community standards or to form the basis of an obscenity prosecution.
2. INDEMNITY. WEBMASTER will indemnify and hold harmless Sweetkandie.com, its officers, directors, shareholders, employees, agents, affiliates, attorneys, successors, assigns, and those persons' spouses (if such persons are individuals) (collectively, "Sweetkandie.com Parties") from and against any claims, including, without limitation, any loss, damage, liability (including reasonable attorneys' fees and costs) resulting from WEBMASTER's use of the Sweetkandie.com Program or any other Sweetkandie.com product, service, or material not expressly authorized by this Agreement, arising from or relating to a breach of WEBMASTER's representations, warranties, covenants, or promises herein made. WEBMASTER further agrees to indemnify and hold harmless Sweetkandie.com Parties from and against any claims arising from or in connection with any materials or works accessible or made available via the Webmaster Site or any other site that WEBMASTER owns or operates including obscene content or material accessible via the Webmaster Site which constitutes or includes copyright infringement (e.g., display of images on the Webmaster Site to which WEBMASTER does not have a license or does not own), trademark infringement, patent infringement, defamatory statements, invasion of privacy, misappropriation of publicity rights, or which may indirectly or directly result in a civil lawsuit or criminal action filed against Sweetkandie.com Parties or any one of them.
3. LIMITATION OF DAMAGES. Sweetkandie.com MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE PERFORMANCE OR FUNCTIONALITY OF THE Sweetkandie.com PROGRAM, THE CONTENT OF THE SPONSOR SITES, OR THE PERFORMANCE OF THE Sweetkandie.com; AND Sweetkandie.com EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, RELATING TO THE SAME. UNDER NO CIRCUMSTANCES SHALL Sweetkandie.com BE LIABLE TO WEBMASTER OR ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, CUSTOMERS, SUBSCRIBERS, OR INTERNET END USERS, FOR ANY LOSS, INJURY, OR DAMAGE, OF WHATEVER KIND OR NATURE, RESULTING FROM OR ARISING OUT OF ANY MISTAKES, ERRORS, OMISSIONS, OR DELAYS RELATING TO THE Sweetkandie.com PROGRAM. Sweetkandie.com SHALL IN NO EVENT BE LIABLE TO WEBMASTER OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, CUSTOMERS, FOR INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES, LOST PROFITS, LOST SAVINGS, OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF Sweetkandie.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER RESULTING FROM BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE. IN AN ACTION FOR BREACH OF THIS AGREEMENT, WEBMASTER'S SOLE REMEDY SHALL BE TO COLLECT, AND WEBMASTER SHALL NOT BE ENTITLED TO RECOVER ANY AMOUNT OR DAMAGES IN EXCESS OF, THE COMMISSIONS UNPAID TO WEBMASTER, WHICH COMMISSION AMOUNTS SHALL CONSTITUTE THE ONLY DIRECT DAMAGES WHICH COULD POSSIBLY ARISE OUT OF THIS AGREEMENT. IN A NON-CONTRACT ACTION (TORT OR OTHERWISE), WEBMASTER EXPRESSLY AGREES THAT Sweetkandie.com 'S LIABILITY SHALL NOT EXCEED, AND WEBMASTER SHALL NOT BE ENTITLED TO COLLECT AN AMOUNT GREATER THAN, $500.00.
F. GENERAL LEGAL TERMS
1. Term. The term of this Agreement is one (1) year. This Agreement shall renew automatically after said term or any renewal term for additional one (1) year terms until and unless either party notifies the other in writing of termination thirty (30) days prior to the end of the then given term. However, in addition to any other reason for termination set forth elsewhere herein, Sweetkandie.com may terminate the license grated herein at any time, with or without cause; and Sweetkandie.com may terminate this Agreement if WEBMASTER fails to cause a single Join in any given calendar month. In such a case, Sweetkandie.com will deliver by e-mail, notice of termination. WEBMASTER shall not be entitled to receive any Commission corresponding to Joins transmitted to Sweetkandie.com after the date of termination. Finally, at any time, Sweetkandie.com may cancel the Sweetkandie.com Program in its entirety, in which case this Agreement shall terminate. Sweetkandie.com's cancellation of the Sweetkandie.com Program shall not constitute a breach of this Agreement.
2. Miscellaneous. Except for public domain works, all content, materials, and works provided by Sweetkandie.com to WEBMASTER are protected by federal copyright laws and, except as otherwise provided herein, may not be copied, redistributed, transmitted, displayed, downloaded, or in any other way exploited or used, in whole or in part, without the prior express written consent of Sweetkandie.com or its licensor. Nothing contained in this Agreement shall be construed to constitute the parties (i.e., WEBMASTER and Sweetkandie.com) as partners, joint venturers, agents for one another, or to constitute employment. WEBMASTER shall not assign or delegate its obligations under this Agreement, either in whole or in part; any attempted assignment in violation of the provisions of this provision will be null and void. This Agreement is not intended to and shall not be construed to provide any rights, remedies or benefits to or for any person or entity not a party to this Agreement. If any provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect any other provision of this Agreement that can be given effect without the invalid or unenforceable provision, or the application of such provision to other persons or circumstances, and, to this end, the provisions hereof are severable. The headings, captions, and other typographical formatting used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. Where the context permit, the use of the plural in this Agreement shall apply to the singular, and the use of the singular shall apply to the plural (by way of example and not limitation, "Webmaster Sites" also refers to a single "Webmaster Site" and vice versa, and "Sponsor Sites" also refers to a single "Sponsor Site" and vice versa). This Agreement constitutes the entire agreement between the parties. No prior or contemporaneous written or oral representation form a part of this Agreement, and this Agreement supersedes all prior oral or written agreements between the parties relating to the subject matter hereof. No amendment, modification or supplement to this Agreement shall be effective unless it is posted by an authorized representative of Sweetkandie.com at the Sweetkandie.com website, or otherwise provided in a writing signed by an officer of Sweetkandie.com. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Nevada. The parties each expressly waive any and all defenses to an action brought in such forum based on lack of personal jurisdiction or inconvenient venue, and each party expressly consents to a dismissal of such action brought in another jurisdiction or venue.
3. Method of Acceptance. WEBMASTER assents to, fully understands, and agrees to be bound by, this Agreement and the terms and conditions by becoming an affiliate of Sweetkandie.com. The date of execution of this Agreement shall be the date on which the WEBMASTER’s signup information is received by Sweetkandie.com.