CAMSENSE - THE #1 VIDEOCHAT AFFILIATE PROGRAM
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Terms and Conditions

Before You can become a referral source (an "affiliate") to the CamContacts Network for websites and multimedia platforms (hereafter the "CamContacts Network") You must first read and agree to all of the following terms and conditions. Please read the following CAREFULLY. This is a legal agreement (hereafter "Agreement") between CC Network (Asia) Ltd. (hereafter "Company," "we," or "us"), operator of the affiliated websites set forth in www.camsense.com (hereafter the "Company Websites" or "CC Network of sites") and you the individual affiliate (hereafter the "affiliate" or "You").

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

  • 1. The affiliate is not an employee of the CamSense program, CamContacts or the CC Network (Asia) Ltd. and has no rights as such.

  • 2. If a visitor who is not a current qualified spender on one of the CC Network of sites (one who has not actively used a CC Network site within the past six months) uses your link to visit the CC Network of sites and then registers as a qualified spender the affiliate is entitled up to 40% of all the net spending from that member for the entire period of his active membership (See Programs), provided that you continue to be an active affiliate.

    • (2.1). An active affiliate ("Active Affiliate") of CamSense, the administrator of the affiliate programs for the CCNetwork of sites, for this purpose is:

      • One whose qualified spenders do not, in the aggregate, exceed chargebacks of 1 ½ % over a one (1) month period.
      • One who has complied with the CamSense Customer Identification requirements set forth herein within thirty (30) days after becoming an affiliate or within sixty (60) days from a request by CC Network for such compliance for existing affiliates.
      • One who delivers at minimum five (5) qualified spenders per month to a CC Network site,

    • (2.2). CamSense has the option to discontinue the payouts for your referred visitors who have become qualified spenders on a CC Network site upon your failure to meet the criteria for an Active Affiliate over a two (2) month period.

    • (2.3). Net spending shall mean the fees paid by the referred member to a CC Network site less refunds and chargebacks for such member, and chargeback fees and penalties assessed by the credit card associations against a CC Network merchant account caused by or resulting from, in whole or in part, excessive chargebacks by the members referred by you as a group.

    • (2.4). For Chathosts who also refer traffic through CamSense, the administrator of the affiliate programs for the CC Network, the following terms also apply:

      • If a visitor who is not a current qualified spender on one of the CC Network of sites (one who has not actively used a CC Network site within the past six months) uses your link to visit the CC Network of sites and then registers as a qualified spender, the referring Chathost is entitled to earn up to 30% on everything they spend on sessions with other Chathosts, provided that the Chathost continues to be an active Chathost.
      • An active Chathost of the CC Network of sites, for this purpose is: One who has conducted live video sessions on CamContacts.com or a CC Network site at least once within a sixty (60) day period, and who conforms to age verification and all other Chathost terms & conditions.

  • 3. Advertising Materials.

    During the term of this agreement:

    • (3.1) Company grants to affiliate a limited non-exclusive, non transferable and revocable license to access and download promotional banners, and other promotional materials created by Company for use on affiliate's Website for the exclusive purpose of advertising, marketing or promoting affiliate's participation as an affiliate on the CamContacts Network or the Company's Websites; however, the license herein granted shall automatically and immediately cease upon the termination of this Agreement.

    • (3.2) Company grants to affiliate a limited non-exclusive, non transferable and revocable license to use the Company's trademarks, solely in connection with affiliate's promotion, marketing or advertising of Company's websites; however, the license herein granted shall automatically and immediately cease upon the termination of this Agreement.

    • (3.3). Affiliate may create its own banners for its use, PROVIDED that they have been pre-approved in writing by Camsense Support and do not contain misleading information of any kind, do not contain any libelous, slanderous or obscene material and do not violate the intellectual property of others.

    • (3.4). Use a text link of your own words, provided that it does not contain misleading information of any kind, does not contain any libelous, slanderous or obscene material and does not violate the intellectual property of others.

    • (3.5). Promote specific Chathosts using images PROVIDED affiliate has received written approval from both the Chathost and CC Network (Asia) Ltd. In order to use a specific Chathost's information (images, etc.), affiliates shall request by email an approval from CamSense support.

  • 4. Your Agreements, Representations and Warranties To Us.

    In consideration of Company providing You with rights granted herein, You agree, represent and warrant as follows:

    • (4.1) That You are a person over the age of eighteen (18) years and that You have the legal capacity and authority to enter into this Agreement and to perform as per the terms of this Agreement.

    • (4.2) That You shall not use the CamSense materials to promote any competitor to one of the CC Network sites.

    • (4.3) You represent and agree that You shall not misrepresent any of the terms and conditions, including without limitation, fees for services, or the content provided on a Company website.

    • (4.4) You agree that you shall not use or employ any form of mass unsolicited electronic messages, newsgroup postings, adware, spyware, toolbars, malware, or any other form of 'spamming' for the purposes of directing or referring users to CamContacts or related sites. CamSense does not allow electronic commercial email promotions of any kind without prior written approval. CamSense does not allow any form of mass unsolicited marketing whatsoever, including mass instant message spamming. Email marketing using spam of any kind will result in immediate termination and a lifetime ban from the program. We reserve the right to release your personal identity to government agencies and law enforcement for the purpose of enforcing spam laws.

    • (4.5) That if we provide You with any banners or other promotional or advertising materials of any kind, You will not copy or reproduce, alter, modify or change, broadcast, distribute, transmit or disseminate any banners or other promotional or advertising materials provided to You by US pursuant to this Agreement in whole or in part, in any manner, at any time anywhere in the World except as authorized by Us in writing.

    • (4.6) That You will not, directly or indirectly, link to Company's Website through any hyperlinks maintained or created on Your Website, if Your Website contains:

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

      • (ii) Any material that 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 the age verification and record keeping requirements of 18 U.S.C. Sec. 2257 et seq., and its related regulations.

      • (v) Any material which constitutes child pornography or matter which involves depictions of nudity or sexuality by an age inappropriate-looking performer (i.e. someone who looks younger than 18 years of age), 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;

      • (vi) Any material that 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.

    • (4.7). Affiliate will not use any Chathost images or other materials from CamContacts or any other site owned by CC Network, Inc. if not specifically given permission in writing by CC Network, Inc.

    • (4.8). Affiliate shall only use promotional materials approved in writing by CamSense support to advertise CamContacts or related sites.

    • (4.9). Affiliate shall not violate the Terms and Conditions of any other site for the purpose of publishing advertisements for CamSense, CamContacts or any other CC Network, Inc. site.

    • (4.10). Affiliate shall notify CamSense.com, upon request, of any and all URLs where CamSense.com or CC Network, Inc. intellectual property might be published by Affiliate anywhere on the Internet. Affiliate further agrees that failure to notify CamSense.com of these URL locations is a violation of this agreement and shall constitute a material breach subject to termination.

    • (4.11) Affiliate shall not: (i) Use blind links of any type when linking to CamContacts; (ii) Attempt to defraud CC Network, Inc. in any manner whatsoever, (iii) Use more than three pop-up windows per web site, or (iv) use any mechanism to falsely generate hits, registrations, banner impressions or otherwise.

    • (4.12). Affiliate shall not transmit, broadcast or distribute the material provided through the CamSense Program to anyone other than consenting adults over the age of majority, but in any circumstances, no younger than eighteen years old. All content displayed on any web site containing CamSense banners, links, or content must comply with all local laws and community standards.

    • (4.13) Affiliate shall not register any domain name with any registrar located anywhere in the world using a domain name containing in whole or in part, confusingly similar to, a misspelled variant of, or in combination with any other words or partial words, letters or numbers, any of Company's trademarks or existing domain names.

    • (4.14) Affiliate shall comply with providing Company with all information and documents required by the Know Your Customer requirements hereinafter set forth and failure to do so will constitute a basis for terminating this Agreement and for forfeiting any revenues, fees or commissions to which You would otherwise be entitled under this Agreement.

    • (4.15) That if affiliate's participation as an affiliate is terminated for any reason, or if affiliate changes its Website's URL without prior written notification to Company, affiliate shall immediately and permanently cease all use of all materials provided to it by CamSense through the affiliate program and affiliate agrees that it will remove all files containing materials provided to affiliate by Company, including without limitation any banner ads, from affiliate's website, and cease using any Company Trademarks or Trade names.

    • (4.16) You acknowledge and agree that You shall cease to be an affiliate in good standing and shall be subject to immediate termination of all benefits and rights granted to You by Company under this Agreement, including forfeiture of accumulated earnings, without prior notice, if You fail to perform under, or breach any part of this Agreement.

    • (4.17) That all Your warranties, indemnities and obligations, which by their nature are designed to survive termination, shall extend beyond the termination of this Agreement.

  • 5. Links

    • (5.1). Keyword Buys - For purposes of this Agreement, a keyword buy is an advertisement that appears when certain words are purchased, which matches a given keyword search query (hereinafter "Keyword Buy"). Further, a search engine is defined as software that acts as a service by searching an index or database and which returns relevant matches based on information typed into a query (hereinafter "Search Engine").

    • (5.2) Within the limitations set forth herein, Affiliates are permitted to participate in Keyword Buys through Search Engines to promote the goods and/or services offered via the Affiliate's web site. However, Affiliates are not permitted to purchase, and will not earn a commission from, Keyword Buys purchased from Search Engines utilizing Keywords that are identical or confusingly similar to a trademark or domain owned by CC Network, Inc., as such use constitutes a trademark infringement of CC Network, Inc.

  • 6. Affiliate Program Benefits.

    You shall be entitled to fees or commissions only as set forth at the "PROGRAM" link located in this website. All the terms and conditions set forth at said link are fully incorporated herein by reference and made a material part of this Agreement. Company reserves the right, in its sole and exclusive discretion, at any time to alter or modify the Affiliate Program benefits including the method and terms of all payment benefits to Participants. Any changes posted in the "Program" link shall be binding upon all Participants, including You, immediately upon posting said changes at that link by Company. It shall be Your sole obligation to check the "Payment Schedule" link to determine if there have been any changes in the Program.

    • (6.1) You acknowledge and agree that You shall not be entitled to any commission or referral fee from Company for any purchase of services offered on or through Company's Websites, which Company determines, in its sole and absolute discretion, is the result of possible fraudulent activity. You further acknowledge and agree that Company shall have the right, in its sole and absolute discretion, at any time to modify what it determines constitutes possible fraudulent activity.

    • (6.2) All commissions or fees due and payable hereunder shall be payable in United States Dollars and shall survive termination of this Agreement, except as herein set forth.

    • (6.3) Company, in its sole and absolute discretion, shall have the right at any time to change or modify the Affiliate Program and any of its terms and conditions by posting such changes on Company's Website, effective immediately upon posting. If at any time Company changes the Affiliate Program, you shall have the right to withdraw and terminate your participation in the Affiliate Program.

    • (6.4) Company has the sole and absolute right and discretion to terminate Yours and any other person's participation in the Affiliate Program at any time and may do so with or without prior notice or cause.

    • (6.5) Any Benefits or rights to which You are entitled under this Agreement are not transferable by You and may be used only by You while You are participating as an affiliate in good standing, under the terms of this Agreement, with the CamSense Program.

    • (6.6) All materials, including, without limitation, all advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property provided to You by Company as part of the Affiliate Program, if any, shall remain the property of Company 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 by Company in writing.

  • 7. "CamContacts.com" and "CamContacts Network" are service marks or trademarks of Company. All rights are reserved. Nothing herein shall be construed as a grant or assignment of any rights in any intellectual property owned by Company, including, without limitation, any of its trademarks or service marks.

  • 8. No Joint Or Collaborative Venture; No Monitoring Or Control Of Your Content By Us.

    • (8.1) Nothing in this Agreement is intended by Us or You to create or constitute a joint or collaborative venture or partnership of any kind between You and Us, nor shall anything in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between You and Company, its employees, agents or assigns.

    • (8.2) You acknowledge and agree that We shall have no control or ownership interests of any kind in Your business or Your Website.

    • (8.3) You acknowledge and agree that You shall have no financial or other interest in Company or any property owned by Company, its affiliates, agents, successors or assigns.

    • (8.4) You acknowledge and agree that Your relationship with Us shall be governed and limited exclusively by the terms and conditions of this Agreement.

    • (8.4) You further acknowledge that neither Company nor any employee, associate, agent, assign or successor of Company 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 Your Website, or any of the live video content or communication streamed by You, and that You shall be solely responsible for any legal liabilities or consequences resulting from the dissemination of that content.

  • 9. No Guarantees Or Warranties Of Any Kind.

    You acknowledge and agree that Company makes no guaranties or warranties of any kind with respect to the Affiliate Program or materials provided by, through or in association with the Affiliate Program, and all materials are provided to you "as is", and that use of Affiliate Program and associated materials, of any kind, is solely at Your risk. Company 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 Affiliate Program and any and all materials of every kind supplied to You as part of the Affiliate Program.

  • 10. No Representations Of Success Or Profitability.

    • (10.1) You hereby confirm and acknowledge that You have unilaterally decided to enter an Internet service business and acknowledge that it is a high-risk business. You further confirm, acknowledge and expressly agree that neither Company, any agent or representative of Company, nor any other person has at any time in the past, represented to You or has otherwise directly or indirectly communicated in any manner to You any guarantee, reassurance or any other communication of any kind regarding:

      • (a) The potential profitability or likelihood of success of Your participation in the Affiliate Program as set forth in this Agreement or otherwise;

      • (b) The possibility or likelihood that participation in the Affiliate Program can or will result in the recoupment of any funds expended by You for the promotion of Your 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 Your participation in the Affiliate Program pursuant to this Agreement.

    • (10.2) You expressly acknowledge and agree that the success any of its business endeavors which involve Your participation in the Affiliate Program pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of advertising and promotion, Your administrative capabilities, etc., and that the ultimate success or failure of Your business rests with You and not Company. You further expressly agree not to raise any claim of any kind against Company and You agree to hold Company harmless from any claim of loss to You directly or indirectly resulting from Your decision to participate in the Affiliate Program pursuant to this Agreement.

  • 11. No Monitoring Or Supervision Provided By Us.

    • (11.1) Affiliate shall provide CamSense the website domain names of each and every website that they intend to use to refer Referred Members to a Company website, which list shall be updated no later than five (5) days after any changes.

    • (11.2) CamSense shall not monitor, supervise, alter or review, and shall not be responsible for content of any nature appearing or otherwise distributed on, at or in association with Your website including without limitation any photographic or graphic content, audio content, recorded video or film content or live video content which You may provide on your website(s). You assume the full and sole responsibility and liability for the decision to display or include content on Your website, to distribute or make the content available to the viewers of Your website in various geographical areas, and for all decisions relating to the manner in which You permit or restrict access to Your website(s). CamSense does not have control, beyond suspension of participation in the program, for violations of any affiliate. All affiliate related complaints should be directed to abuse@camsense.com

  • 12. CamSense Property

    • (12.1). CC Network, Inc. owns and retains all right, title, and interest in, and to, its intellectual property, copyrights, patents, trademarks, digital media, images, and video that can be accessed by downloading it from CamSense websites and from within the Program's affiliate area.

    • (12.2). Upon termination of this agreement, Affiliate agrees to remove any such intellectual property or media from his/her/its' web sites and cease publishing of said media.

  • 13. CamSense Communication

    • (13.1). Notices from CamSense.com to affiliates may be transmitted by email, instant messenger or by general postings on the Program web site.

    • (13.2). Communications from Affiliates to CamSense.com may be transmitted by email or instant messenger.

    • (13.3). All notices to CamSense.com sent by electronic mail shall be sent to help@camsense.com.

    • (13.4). Affiliates are responsible for keeping contact and payment details up-to-date and providing details when it is requested by the CamSense support team.

  • 14. Affiliate Information - Customer Identification Procedures.

    • (14.1). CamSense has established the following requirements pursuant to EU, U.S. and other international Customer Identification Procedures. Accordingly, CamSense now requires all affiliates and all beneficial owners to provide accurate and complete details regarding your identity and personal details including but not limited to: Your full legal name, address, telephone number, nationality, bank account or other required information. If the affiliate is a corporation or other entity, the name, address, telephone number and nationality should be provided for the principal officer or contact at the company. You understand that Camsense will email you notices about the program and your account based on the information that you provide. In case your information is incorrect and/or misleading, Camsense and CC Network (Asia) Ltd. will not be liable to fulfill any obligations that it may otherwise have to you pursuant to these Terms and Conditions. Further, Camsense and CC Network (Asia) Ltd. have the right to cancel accounts and suspend commission payments for any affiliate not in compliance with the customer identification procedures outlined herein within 30 days of notification. For these purposes, address shall be:

      • For individuals, a residential or business street address;

      • For a person other than an individual (such as a corporation, partnership, or trust), principal place of business, local office, or other physical location;

        Affiliate's bank, together with the full postal address and telephone number of such bank;

        Identification number, which shall be:

      • For a U.S. person, a taxpayer identification number; or

      • For a non-U.S. person, one or more of the following: passport number and country of issuance; alien identification card number; or number and country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or similar safeguard.

      • For corporations, the registration number, together with where the corporation was incorporated, and the names of all directors and officers and the beneficial owners of the corporation.

    • (14.2). Certain information required above must be verified by you providing CamSense a true and accurate photocopy of one or more of the following documents:

      • For each individual who controls or has a beneficial interest in the affiliate, an unexpired government-issued identification evidencing nationality or residence and bearing a photograph or similar safeguard, such as a driver's license or passport; and

      • For a person other than an individual (such as a corporation, partnership, or trust), documents showing the existence of the entity, such as certified articles of incorporation, a government-issued business license, a partnership agreement, or trust instrument.

    • (14.3). Affiliates acknowledge and agree that CamSense may independently verify the affiliate's identity through the comparison of information provided by the affiliate with information obtained from a consumer reporting agency, public database, or other source; and hereby authorizes CamSense to check references with financial institutions. Any documentation provided by the affiliate shall be stored centrally on the CC Network, Inc. network and it is agreed that this shall not infringe the affiliate's rights of privacy.

  • 15. Miscellaneous

    • (15.1)We will not be held responsible for any or all of your data loss due to downtime resulting from complications with your hosting equipment, our hosting equipment, our software, technical errors, Internet problems, or any technical problems associated with the World Wide Web.

    • (15.2) We reserve the right to cancel this agreement at any time, for any reason. In such cases, you will be notified immediately and paid all accumulated earnings up to that point in time.

    • (15.3) Accounts that are terminated without pay will have a stop placed on all outstanding funds. We reserve the right to alter or modify the terms and conditions. Please refer to this document from time to time so that you may be informed of any changes to the terms and conditions.

    • (15.4) THE MATERIALS ON THE SITE AND ITS AFFILIATED SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. OR ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. THE COMPANY, THE SITE AND/OR THE SITE OWNER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE.

    • (15.5) THE COMPANY, THE SITE, AND/OR THE SITE OWNER MAKE NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS OR SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO YOU OR ANYONE CLAIMING THROUGH YOU, YOU SHALL ASSUME THE ENTIRE COST AND RESPONSIBILITY FOR SAME.

    • (15.6). YOU WILL INDEMNIFY AND HOLD HARMLESS THE COMPANY, THE SITE, THE SITE OWNER AND ALL OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES OR EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THE USE OF OR PARTICIPATION IN THE PROGRAM, THE SITE OR THE INFORMATION CONTAINED THEREIN, OR RESULTING FROM OR ARISING OUT OF AFFILIATE'S BREACH

    • (15.7) This Agreement constitutes the entire agreement between You and Company with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral.

    • (15.8) You agree that no modification of this Agreement by You, Your employees, representatives, agents, assigns or successors shall be enforceable of have any effect unless first reduced to writing and signed by Company' duly authorized representative.

    • (15.9) You acknowledge and agree that the failure of Company 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.

    • (15.10) You agree that all promises, obligations, duties and warranties made by You in this Agreement are personal to You and that neither they nor any benefits hereunder may be assigned by You to any other person or entity.

    • (15.11) You agree that Company may at any time, and without prior notice to You, freely assign all or part of its duties, obligations and benefits hereunder.

    • (15.12) This Agreement shall be governed by and construed under the laws of Hong Kong, China, as applied to agreements between parties entered into and to be performed within Hong Kong, China. You agree that all legal disputes arising out of this Agreement shall be resolved in the courts of applicable jurisdiction in Hong Kong, China.

    • (15.13) If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.

    • (15.14) By supplying Company with all the required information to sign You up to the Affiliate Program, You are acknowledging that You agree to all of the terms, conditions, promises, warranties, duties and obligations set forth in the above Agreement.


 
 
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All persons who appear in any visual depiction contained in this site were/are eighteen years of age or older at the time of the creation of such depictions. Compliance with 18 U.S.C. § 2257