Terms and Conditions for GetSCORECash.com
This Terms and Conditions Agreement (the "Agreement") is entered into by and between you (hereinafter referred to as the "Affiliate") and The SCORE Group, dba GetSCORECash.com (hereinafter referred to as "SCORE").
By creating an affiliate account with SCORE, the Affiliate is entering into this legal agreement with SCORE and affirming that the affiliate has read, understood and agrees to be bound by the terms and conditions set forth herein.
1. Eligibility to become an Affiliate
- Affiliate must be over eighteen (18) years of age and/or over the age of majority if residing and/or conducting business in states, provinces or countries where the age of majority is greater than eighteen (18) years of age. If Affiliate is a corporation or any other legal entity, its shareholders, partners and directors must be over eighteen (18) years of age and/or over the age of majority if residing and/or conducting business in states, provinces or countries where the age of majority is greater than eighteen (18) years of age. Violation of this requirement will result in the Affiliate's account being cancelled, all monies due forfeited and Affiliate may be subject to criminal and/or civil prosecution.
- Affiliate must provide a valid email address. Failure to do so will result in your account being deleted.
- Affiliate must provide a URL of Affiliate's website. SCORE evaluates all applications and reserves the right to accept or reject applications solely at our discretion. SCORE will reject applications if in a review of your URL we determine that Affiliate's website violates the Acceptable Use Policy found in section 4 of this Agreement.
- SCORE does not accept applications from all countries. The list of countries not accepted changes on a regular basis. SCORE reserves the right to reject applications based solely upon the country of the applicant.
2. Rights Granted to Affiliate
- Affiliate is granted a limited, nonexclusive, nontransferable and revocable license to access and download promotional banners, images, videos and other promotional materials created and owned by SCORE for use by Affiliate for the exclusive purpose of advertising, marketing or promoting SCORE. Affiliate may only use materials provided on GetSCORECash.com and may not without prior permission use content obtained from the members areas of SCORE sites or any other source.
- SCORE directly or indirectly owns and retains all rights, title and interest in and to its intellectual property, copyright, trademarks, patents, and in the files, promotional banners and other material provided by SCORE, including all images and video therein. Upon termination of Affiliate's account with SCORE and/or termination of this Agreement, the limited grant of right and license shall cease and terminate, and Affiliate shall immediately remove all SCORE files, banners, ads, and any and all other SCORE intellectual property, copyrighted material, trademarks, and patents, if any, from Affiliate's Web sites.
- Affiliate is not authorized to change SCORE proprietary 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 by SCORE.
- Nothing in this Agreement is intended to create or constitute a joint or collaborative venture, employment relationship or partnership of any kind between Affiliate and SCORE. Affiliate acknowledges and agrees that SCORE has no control or ownership interests of any kind in Affiliate's business. Affiliate acknowledges and agrees that Affiliate has no financial or other interest in SCORE, its affiliates, licensees, agents, successors or assigns.
- NO LICENSE TO USE SCORE INTELLECTUAL PROPERTY AND CERTAIN “ADWORDS”
Nothing in this Agreement permits, nor should be interpreted to permit, Affiliate to: 1) bid on, purchase or otherwise register/use GETSCORECASH.COM, SCORE or the name of any other Site owned by SCORE or its associated companies (or any derivative thereof), together known herein as Site Names. Furthermore, Affiliate may not use the words 'Official', 'Officially' or 'Official Site' as keywords (sometimes referred to as 'AdWords') on Internet search engines, such as google.com, ask.com, yahoo.com, msn.com, etc.; 2) use the words 'Official', 'Officially', 'Official Site' or any similar verbiage in connection with Affiliate’s promotion of its Sites; 3) use SCORE’s Site Names in association with any similar or competing website or service; 4) use SCORE’s Site Names or other intellectual property to create numerous links, often referred to as “link spam”, whether by automated link building or otherwise and/or utilize SCORE’s Site Names or other intellectual property in a manner intended to or having the effect of increasing the rank of Referral Sites, our Site(s) or any other site(s) on search engines; 5) post or cause to be posted out of context or untrue comments or other notations in the “comments” or similar section of any website(s) with link(s) to any of SCORE’s Sites; or, 6) register any domain name which incorporates or is a 'misspelling' of any of SCORE’s Site Names. Affiliate agrees that in the event Affiliate violates any part of this section of this Agreement, Affiliate’s limited license shall be immediately terminated from the Program, any monies earned but not yet paid shall be forfeited, and that Affiliate will cooperate fully in transferring any items, including, but not limited to Site Names, URL’s, marks and other intellectual property forbidden by this section to SCORE as the rightful owner.
- SCORE operates primarily as a revenue sharing program. Affiliates receive 50% of the gross receipts from referred accounts, less applicable processing fees and other related fees charged by the third party processors who process charges for SCORE.
- SCORE may, from time-to-time, conduct subscription bonus programs that award extra compensation above or in lieu of revenue sharing. Each of such bonus programs shall contain its own remuneration offering, at SCORE's sole discretion, in which Affiliate may elect to participate.
- All payments are made in U.S. dollars. SCORE reserves the right to determine the manner in which payments shall be processed.
- Generally, the pay period shall be split into two monthly periods: from the 1st of the month to the 15th of the month and from the 16th of the month to the last day of the month. Generally, payments shall be made 30 days after the end of the corresponding pay period. Generally, the first payment is sent 30 days after end of the corresponding pay period and subsequent payments are sent every 2 weeks thereafter.
- SCORE reserves the right to reject traffic that does not comply with SCORE’s requirements, determined at SCORE’s sole discretion.
- Affiliate must ensure that the linking codes between your site and our site are properly formatted to permit accurate tracking, reporting, and fee accrual.
- Affiliate shall not be entitled to compensation from SCORE for any subscription which SCORE, in its sole and unfettered discretion determines, is the result of possible fraudulent activity. Additionally, Affiliate cannot refer traffic and website joins from family members and employees of Affiliate. Attempts to refer ineligible individuals to the program will result in immediate account termination.
- Test joins by Affiliate can only be refunded to Affiliate if Affiliate notifies SCORE of such test joins within six (6) months of initial charge. Test joins for promotional bonus programs are not considered eligible for bonus remuneration.
- Affiliate sales which result in credit card chargebacks exceeding 1% or refunds/credits exceeding 5% may be terminated by SCORE without notice.
- SCORE retains the right, in our sole and exclusive discretion, to restructure and adjust commissions or referral fees on an individual or group basis by providing written notice to Affiliate.
- You, the Affiliate hereby confirm and acknowledge that you have unilaterally decided to enter an Internet service business and acknowledge you solely are responsible for the success or failure of said business. You further expressly agree that neither SCORE, any agent, licensee or representative of SCORE, 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 of the potential profitability or likelihood of success of your participation in GetSCORECash.com.
4. Acceptable Use Policy for Affiliates
Affiliate agrees to be bound by the following general policies in connection with all content with which SCORE promotional materials, links or logos are associated:
- Illegal content is strictly forbidden. Illegal content includes, but is not limited to: child pornography, incest, scat, coffins, defecation, urination, genital mutilation, religious parody, below 18 years of age teen modeling, actual or simulated rape, sexual violence, menstruation, bestiality, threats of physical harm to persons or property, programs containing viruses, pirated software, wire fraud, drug trafficking, offshore casino gambling, offshore poker and other gambling that violates United States laws and/or violations of international export control laws.
- NO EMAIL SOLICITATIONS OF ANY KIND. SCORE will not accept, under any circumstances, any referrals that are obtained, directly or indirectly, from email promotions or email marketing, whether or not such email promotions comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the "CAN-SPAM ACT"). Any breach of this restriction will result in Affiliate’s immediate termination and forfeiture of accrued monies.
- NO SPYWARE OR AD-AWARE. SCORE will not accept referrals that are obtained through the use of Spyware, Ad-aware or any other similar software.
- No traffic is allowed from websites that contain Content that constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, right of publicity, patent rights, personal property rights, privacy rights or other rights.
- No traffic from password trading or hacking websites.
- Fraudulent, deceptive or unfair transactions or trade practices are strictly forbidden. Affiliate agrees to fully comply with the United States Federal Trade Commission ("FTC") statutes and regulations (whether or not Webmaster does business in the United States or with United States-based customers), and any related rules, policies, and advisory opinions issued by the FTC.
- Affiliate may not attempt to cheat, defraud or mislead SCORE in any way.
- Violation of the limited non-exclusive license provided in this Agreement is prohibited.
- Affiliate shall not engage in any activities that may be harmful to the image, goodwill or reputation of SCORE.
- Affiliate may not use third-party content to promote SCORE, nor may they use SCORE promotional materials to promote a third-party.
- SCORE enforces a strict, zero tolerance policy with respect to child pornography. No Affiliate Site may use models under the age of eighteen (18) or suggest that its models are under the age of eighteen (18), either through text or other implication. Any Affiliate suspected of violating this zero tolerance provision shall be terminated from the GetSCORECash Program and all monies owed will be forfeited.
- Affiliates may not "hotlink" to any SCORE images, banners, and/or graphics.
- Affiliates agree to indemnify and hold SCORE harmless from any and all liabilities, claims, damages (including attorney's fees), threatened or incurred as a result of Affiliate's activities.
- Affiliate agrees not to utilize any false, misleading or infringing metatags tied to the Affiliate's website and/or webpages on third-party Internet sites. In addition, Webmaster agrees not to utilize any metatags that would imply or suggest that underage or illegal content may be found on the either Affiliate or SCORE websites.
- SCORE reserves the right to interpret, modify and enforce provisions of the Affiliate Acceptable Use Policy at SCORE's sole discretion.
- Confidential Information" shall mean any confidential technical data, trade secret, intellectual property, know-how or other confidential information disclosed by either SCORE or Affiliate hereunder in writing, orally, or by drawing or other form and which shall be marked by the disclosing party as "Confidential" or "Proprietary." If such information is disclosed orally, or through demonstration, in order to be deemed Confidential Information, it must be specifically designated as being of a confidential nature at the time of disclosure and communicated in writing and delivered to the receiving party within ten (10) days of such disclosure
- Notwithstanding the foregoing, Confidential Information shall not include information which: (i) is known to the receiving party at the same time of disclosure or becomes known to the receiving party without breach of this Agreement; (ii) is or become publicly known through no wrongful act of the receiving party or any subsidiary of the receiving party; (iii) is rightfully received from a third party without restriction on disclosure; (iv) is independently developed by the receiving party or any of its subsidiary; (v) is furnished to any third party by the disclosing party without restriction on its disclosure; (vi) is approved for release upon a prior written consent of the disclosing party; and (vii) is disclosed pursuant to judicial order, requirement of a governmental agency or by operation of law.
- The receiving party agrees that it will not disclose any Confidential Information to any third party and will not use Confidential Information of the disclosing party for any purpose other than for the performance of the rights and obligations hereunder during the term of this Agreement and for a period of five (5) years thereafter, without the prior written consent of the disclosing party. The receiving party further agrees that Confidential Information shall remain the sole property of the disclosing party and that it will take all reasonable precautions to prevent any unauthorized disclosure of Confidential Information by its employees. The disclosing party shall grant no license to the receiving party with respect to Confidential Information disclosed hereunder unless otherwise expressly provided herein.
- Upon the request of the disclosing party, the receiving party will promptly return all Confidential Information furnished hereunder and all copies thereof.
- Affiliate and SCORE agree that all publicity and public announcements concerning the formation and existence of this Agreement shall be jointly planned and coordinated by and among the Parties. Neither party shall disclose any of the specific terms of this Agreement to any third party without the prior written consent of the other party, which consent shall not be withheld unreasonably. Notwithstanding the foregoing, any party may disclose information concerning this Agreement as required by the rules, orders, regulations, subpoenas or directives of a court, government or governmental agency after giving prior notice to the other party.
- If a party breaches any of its obligations with respect to confidentiality and unauthorized use of Confidential Information hereunder, the non-breaching party shall be entitled to equitable relief to protect its interest therein, including but not limited to injunctive relief, as well as money damages notwithstanding anything to the contrary contained herein.
- Except as otherwise set forth in this Agreement, SCORE shall be entitled to make any public statement, press release or other announcement relating to the website without the prior written approval of Webmaster.
6. Additional Important Elements of this Agreement
- Term and Termination of Agreement
You, the Affiliate acknowledge and agree that the term of this Agreement is at will, and this Agreement may be terminated by SCORE, in its sole and exclusive discretion, at any time, with or without prior notice or cause. Affiliate may voluntarily elect to terminate participation by notifying SCORE at any time. If this Agreement is terminated because Affiliate violated, failed to perform, or breached, any part of the terms of this Agreement, Affiliate is not eligible to receive any compensation, and SCORE shall use any and all compensation as liquidated damages. If this Agreement is terminated for any other reason, Affiliate is only eligible to earn a compensation on sales occurring during the term of the Agreement, and compensation earned through the date of termination will remain payable only if the related orders are not cancelled or returned. SCORE reserves the right to withhold Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid.
All warranties, indemnities and obligations, which by their nature are designed to survive termination, shall extend beyond the termination of this Agreement.
Affiliate acknowledges and agrees that the failure of SCORE 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.
Affiliate agrees that all promises, obligations, duties and warranties made by Affiliate in this Agreement are personal to Affiliate and that neither they nor any benefits hereunder may be assigned by you to any other person or entity. SCORE may at any time, and without prior notice to Affiliate, freely assign all or part of its duties, obligations and benefits hereunder.
This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws of the State of Florida, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of Florida for resolution of all disputes. Exclusive venue for any litigation permitted under this Agreement shall be with the state and federal courts located in Miami-Dade County, Florida.
- Agreement Binding on Successors
The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective heirs, administrators, and successors
If any provision of this Agreement is held to be unenforceable under applicable law, such provision shall be excluded from this Agreement, and the balance of this Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms.
Except where stated to the contrary herein, this Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents that may conflict with this Agreement.
- Force Majeure
Neither party shall be liable for, or will be considered to be in breach of, or default under, this Agreement for any failure to perform its obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, failure of the telecommunications or information services infrastructure; hacking or any failure of a computer, server or software.
- Entire Agreement; Modification; Assignment
This Agreement constitutes the entire agreement between Affiliate and SCORE with respect to the subject matter hereof and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral.
The headings in this Agreement are for convenience only and do not in any way limit or amplify the terms or conditions of this Agreement.
If you accept these Terms and Conditions, click here to become an affiliate of GetSCORECash.com.