Terms of Service-
Please review our Terms of service before signing up as an affiliate
1. You MAY NOT send "spam" or "unsolicited commercial e-mail (UCE)" promoting our sites! Case closed! You will not be paid if you send traffic to our site from spam! This includes, but is not limited to, newsgroup postings promoting sites containing our promotional materials, unsolicited email, and 'chatters' including instant messaging/chat room linking to any sites that promote the Kick Ass Pays program. There are no loopholes or exception to this policy, and we reserve the right to determine what constitutes spam. Kick Ass Pays does not condone or recommend the use of spam! Let us say it again for effect: IF YOU ARE CAUGHT PROMOTING OUR SITES WITH SPAM/UCE, YOUR ACCOUNT WILL BE TERMINATED, ALL AMOUNTS OWED WILL BE FORFEIT, AND WE WILL PURSUE LEGAL ACTION.
2. You may use any banner in our banner farm. We recommend using big, descriptive text links above and below our banners to increase your hits.
3. You may use any text link as long as it is a proper description of the site you're promoting. For example, you may not use a text link saying "Click here for ten free pictures of Monica Lewinsky nude!" or make reference to child pornography or bestiality. All of our Kick Ass Pays sites feature beautiful, sexy, legal women, special features, and interactivity with our models. The site also features lots of live sex feeds and movies. These are the features you should "hype" in your text links.
4. You may not place banners or text links on ANY page that contains actual or simulated depictions of bestiality or child pornography. Additionally, you may not place our banners or link from pages which contain advertisements for bestiality or child pornography. We will not partner with webmasters who break the law! This policy exists to protect you, ourselves and all of our valued partners.
5. You may not force visitors to our page via any mechanism which acts as an automatic transport, such as "meta refresh" and "forced exit" scripts. You are welcome to use consoles, popups, or any method which displays our banners or text links and allows the visitor to choose to visit our sites. Remember, unproductive traffic has no benefit to you - or us! This is a partnership program. You earn dollars by sending quality traffic that converts!
6. Kick Ass Pays reserves the right to terminate webmasters from the Kick Ass Pays partnership program for unproductive traffic.
7. Kick Ass Pays reserves the right to terminate inactive accounts.
8. Neither Password, nor Warez sites, are eligible for Kick Ass Pays. If you're caught using them, you will not be paid on ANY sales made up until that point.
9. Any webmaster found cheating Kick Ass Pays will be terminated immediately without pay. We will also actively pursue any and all legal actions available to recover any amounts previously paid.
10. You must be 18 or 21 years of age, depending on your local jurisdiction, to participate in the program. 12. You are welcome to participate as long as you do not reside in one of the following countries: Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croatia, Czech Republic, Estonia, Georgia, Hungary, India, Indonesia, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, North Korea, South Korea, Kyrgyzstan, Latvia, Lithuania, Malaysia, Moldova, Pakistan, Philippines, Romania, Russia, Singapore, Slovakia, Slovenia, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, and Yugoslavia. You will not be paid by Kick Ass Pays if you reside in one of these countries. Kick Ass Pictures, Inc (hereafter "Kick Ass Pictures") operates the KICK ASS PAYS Partnership Program, through which independent owner-operators of Internet web sites ("Agent") are granted the non-exclusive right to direct visitors to their Internet services (the "referrals") to one or more Internet services designated by Kick Ass Pictures, hereafter known as "Kick Ass Pictures Member Site(s)." Kick Ass Pictures shall pay Agent a commission for each independent bona-fide member signup delivered to a Kick Ass Pictures Destination Site, through a mechanism known as an Internet "hypertext transfer" link and PHP/FI reference coding. The appearance and syntax of the hypertext transfer link and reference coding are designed and designated by Kick Ass Pictures and constitute the only authorized and permitted representation of the Kick Ass Pictures Member Site(s). Payment shall be made on the 5th and 20th day of the calendar month. Agent must strictly follow technical guidelines for the Kick Ass Pictures Partnership Program in order to earn commissions. Technical guidelines are readily available online via hypertext transfer protocol at http://www.Kick Ass Pays.com. Termination of this Agreement is at will, and may be effected by either party at any time.
Article 1: Relationship
1.1. Agency Appointment. Kick Ass Pictures hereby grants Agent the non-exclusive right to direct visitors to their services to one or more Internet services designated by Kick Ass Pictures, in accordance with the terms and conditions of this Agreement. This Agreement does not grant Agent an exclusive right or privilege to assist Kick Ass Pictures in the solicitation of orders arising from Agent's referrals, and Kick Ass Pictures may contract with and obtain the assistance from others at any time to perform services of the same or similar nature as specified herein. Agent shall have no claims to commissions or other compensation on business secured by or through persons or entities other than Agent. In connection with such solicitations and referrals, Agent a.) shall not misrepresent the Kick Ass Pictures Member Site(s) or otherwise make any claims, representations, or warranties in connection with the Kick Ass Pictures Member Site(s) other than as expressly authorized by Kick Ass Pictures, and b.) shall have no authority to, and shall not, bind Kick Ass Pictures to any obligations, except as may be expressly set forth herein to the contrary or as otherwise agreed to and approved in advance by Kick Ass Pictures. Notwithstanding the above, or anything to the contrary in this Agreement, Agent shall neither sell nor promote Kick Ass Pictures Member Site(s) without the express prior written consent of Kick Ass Pictures. Nothing in this Agreement nor any conduct of either party shall be deemed to constitute an employment relationship.
Article 2: Payment.
Kick Ass Pictures will pay Agent a commission for each independent bona-fide member signup delivered to a Kick Ass Pictures Destination Site, through a Banner and/or hypertext link. The commission paid to Agent for each signup may change from time to time. Agent should review the home page of the Kick Ass Pays.com web site at least once per week for the current commission rates per signup and for any other changes to the Kick Ass Pictures Partnership Program, including but not limited to the technical guidelines. Amount of commissions for signups delivered are clearly specified on Kick Ass Pays.com with attention placed on WTS Check signups which pay a flat rate of $10.00 per sale under the Pay Per Signup programs. All Agent are deemed on actual notice for any item posted on the Kick Ass Pays.com web site at the time of such posting regardless of whether or not Agent have actually accessed such information. Kick Ass Pictures will pay Agent on the 5th and 20th day of the calendar month (or next business day should the 5th be on a national holiday or weekend) in United States dollars for all commissions earned for the prior period. Kick Ass Pictures will track the commissions earned per Agent in accordance with the technical guidelines. Kick Ass Pictures will track all commissions earned and may at its absolute discretion decide not to pay any commission to any Agent should Kick Ass Pictures believe that any referral has been made in violation of the technical guidelines. Kick Ass Pictures reserves the right to withhold any commission for any referral that was made in violation of the technical guidelines. It is the Agent's sole and absolute duty to follow precisely the technical guidelines at all times. Kick Ass Pictures is under no obligation whatsoever to pay any commission to any Agent who does not strictly follow the technical guidelines, as modified from time to time.
Article 3: License.
3.1.Kick Ass Pictures hereby grants to Agent a non-exclusive, non-transferable license, during the term of this Agreement, to use the hypertext transfer links (hereinafter "Banner(s)") solely in connection with the marketing, advertisement, and promotion of the Kick Ass Pictures Member Site(s). Agent's use of the Banners will at all times be subject to the prior written approval of Kick Ass Pictures, which shall not be unreasonably withheld or delayed. Agent shall comply with all guidelines provided by Kick Ass Pictures with respect to the graphic reproduction, appearance, and "look and feel" related to the marketing and representation of the Banner(s) and the Kick Ass Pictures Member Site(s). This license cannot be sub-licensed, assigned or otherwise transferred by Agent to any third Person or Entity without the express prior written consent of Kick Ass Pictures. The license granted by Kick Ass Pictures to Agent hereunder shall automatically and immediately terminate upon any termination of this Agreement. Any unauthorized use of the Kick Ass Pictures Banner(s) and / or Kick Ass Pictures Member Site(s) will be cause for immediate termination of this Agreement.
3.2.The license granted to Agent herein is subject to the reservation in Kick Ass Pictures of all right, title, and interest in and to the Kick Ass Pictures Banner(s) and Kick Ass Pictures Member Site(s). The Banner(s) and Kick Ass Pictures Member Site(s) are the valid and exclusive property of Kick Ass Pictures, and Agent's right to use the Banner(s) and Kick Ass Pictures Member Site(s) is limited to and arises only out of the license granted hereunder. Agent shall not assert the invalidity, unenforceability, or contest the ownership by Kick Ass Pictures of the Banner(s) and Kick Ass Pictures Member Site(s) in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice Kick Ass Pictures's rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
Article 4: Representations, Warranties, and Covenants.
4.1.(a) Agent is duly organized, validly existing, and in good standing under the laws of the state or country of Agent's origin; (b) Agent has all requisite power and authority to enter into this Agreement and to carry out and perform its obligations under the terms of this Agreement; (c) Agent is an adult at least eighteen (18) years of age; (d) this Agreement has been duly authorized, executed, and delivered by Agent and is a valid and binding obligation of Agent enforceable in accordance with its terms; and (e) the execution, delivery, and performance of and compliance with this Agreement does not and will not conflict with, or constitute a default under, or result in the creation of, any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of Agent, nor result in any violation of (i) any term of Agent's governing documents, (ii) in any material respect, any term or provision of any mortgage, indenture, contract, agreement, instrument, judgment or decree, or (iii) to the best of Agent's knowledge, any order, status, rule or regulation applicable to Agent, the violation of which would have a material adverse effect on Agent's business or properties.
Article 5: Disclaimer of Warranties and Limitation of Liability
5.1.Kick Ass Pictures makes no warranties, either express or implied, concerning the performance or functionality of the Kick Ass Pictures Partnership Program, including but not limited to the Banner(s) or any Kick Ass Pictures Destination Site, and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose. Under no circumstances shall Kick Ass Pictures be liable to Agent or any other Person or Entity, including, without limitation, subscribers, for any loss, injury, or damage, of whatever kind or nature, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Kick Ass Pictures Partnership Program or any Kick Ass Pictures Destination Site. Without limiting the generality of the foregoing, Kick Ass Pictures shall in no event be liable to agent or any other person, including, without limitation, subscribers, 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 Kick Ass Pictures has been advised of the possibility of such damages, whether resulting from breach of its obligations under this agreement or otherwise.
5.2.Kick Ass Pictures makes no warranties as to any Kick Ass Pictures Partnership Program services furnished, provided, or sold to Agent hereunder, including, without limitation, any implied warranties of merchantability or fitness for a particular use or purpose.
Article 6: Term and Termination.
6.1.The term of this Agreement shall be continuous, unless and until either party notifies the other in writing, with at least 24 hours advance notice, that such party desires to terminate the Agreement, in which case this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
6.2.Upon any termination of this Agreement, Agent and Kick Ass Pictures will be released from all obligations and liabilities to the other occurring or arising after the date of such termination or the transactions contemplated hereby, except with respect to those obligations which by their nature are designed to survive termination as provided herein; provided that no such termination will relieve Agent from any liability arising from any breach of this Agreement occurring prior to termination.
6.3.Upon termination of this Agreement, (i) Kick Ass Pictures's acceptance of referrals obtained through Agent shall not constitute a continuation or renewal of this Agreement or a waiver of such termination, (ii) Agent shall be entitled only to those unpaid commissions, if any, earned by Agent on or prior to the date of termination; (iii) Agent shall in no event be entitled to commissions with respect to any amount of referrals delivered after the date of termination, irrespective of whether any service order, contract, or commitment relating thereto was entered into prior to the date of termination; (iv) all rights and licenses of Agent hereunder shall immediately terminate; and (v) Agent shall return to Kick Ass Pictures any confidential information, and all copies thereof, in its possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of Kick Ass Pictures and the Kick Ass Pictures Partnership Program.
Article 7: Indemnity.
7.1.Agent shall defend, indemnify, and hold Kick Ass Pictures, its directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorneys' fees, resulting from, arising out of, or in any way connected with (a) any breach by Agent of any warranty, representation, or agreement contained herein, (b) the performance of Agent's duties and obligations hereunder, (c) the negligence of Agent, (d) any injury (including death) to persons or damages to property caused directly or indirectly by the negligent or intentional acts or omissions of Agent, or (e) the unauthorized use of any Kick Ass Pictures intellectual property, including but not limited to the Banner(s); the Kick Ass Pictures Member Site(s), and or any part of the Kick Ass Pictures Partnership Program.
Article 8: Confidential Information.
8.1.Agent acknowledges that, during the term of this Agreement, it may be entrusted with Confidential Information relating to the business, operations, or underlying technology of Kick Ass Pictures and / or the Kick Ass Pictures Partnership Program. Agent shall provide care to avoid disclosure or unauthorized use of the Confidential Information to any other Person or Entity. Agent shall not use the Confidential Information for purposes other than those necessary to further the purposes of this Agreement. Agent shall not disclose the Confidential Information to third persons or outside parties without the prior written consent of Kick Ass Pictures. Should Agent be required under applicable law, rule or regulation, or pursuant to the order of any court or governmental entity of legal process of any governmental entity of competent jurisdiction to disclose Confidential Information in its possession, custody or control, Agent shall: (a) give at least thirty (30) days prior written notice of such disclosure to Kick Ass Pictures; (b) use its best efforts to limit such disclosure; and (c) make such disclosure only to the extent so required. Agent's obligations hereunder with respect to Confidential Information shall survive the expiration or earlier termination of this Agreement.
Article 9: Miscellaneous.
9.1. Assignability:Agent shall not assign or delegate its obligations under this Agreement, either in whole or in part, without the prior written consent of Kick Ass Pictures. Any attempted assignment in violation of the provisions of this provision will be 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.
9.2. Severability: 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.
9.3. Non-Waiver: No delay or failure by Kick Ass Pictures in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.
9.4. Remedies: The rights and remedies of Kick Ass Pictures hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof. Agent acknowledges, confirms, and agrees that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision hereof, the respective rights and obligations hereunder shall be unenforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any rights at law or otherwise of Kick Ass Pictures for a breach or threatened breach of any provision hereof, it being the intent of this provision to make clear that the respective rights and obligations of Kick Ass Pictures shall be enforceable in equity as well as at law or otherwise.
9.5. Interpretation: This Agreement shall not be construed or interpreted in favor or against Kick Ass Pictures or Agent on the basis of draftsmanship or preparation of the Agreement.
9.6. Headings: 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.
9.7. Execution and Acceptance: By creating an account with the Kick Ass Pictures Partnership Program, Agent executes, accepts, enters into, and becomes party to this Agreement. At such point, Kick Ass Pictures simultaneously and automatically becomes counter-party to this Agreement. The Effective Date of such Agreement is the day on which Agent creates such account in the Kick Ass Pictures Partnership Program.
9.8. Governing Law: This Agreement shall be governed by and interpreted in accordance with the domestic laws of the State of California within the United States of America. Agent agrees to submit to the personal jurisdiction of the State of Florida within the United States of America. All suits, proceedings or actions relating to this Agreement shall be commenced in and adjudicated by a court in the State of Florida.
9.9. Entire Agreement: Together with the technical guidelines, 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 of this Agreement.
9.10. Modification: No amendment, modification or supplement to this Agreement shall be effective unless it is posted by an authorized representative of Kick Ass Pictures at the Kick Ass Pays.com web site.
9.11. Attorneys' Fees: In the event any party shall commence formal legal action to interpret and/or enforce the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys' fees and costs incurred in connection therewith.