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| Xrated Traffic exit exchange system - TERMS |
| All of the following terms and conditions must be adhered to and are
legally binding immediately upon agreement. XratedTraffic.com reserves the
right to terminate or modify this agreement at their discretion. |
| * DO NOT SPAM IN ANY WAY!
We detect and
discard all traffic from e-mail, newsgroups, ICQ and all other methods
other than a click on a web page. Spamming by any of these methods is
pointless, the hits will be discarded, and your account will be
terminated. |
| * Xrated Traffic may not be used on any free hosted web sites which
utilize their own advertising popups. |
| * REMEMBER: You MUST not alter the JavaScript code provided to you in
any way. Failure to follow this instruction is considered cheating and you
will terminated. No Exceptions! |
| * Only one account is allowed per company or organization. You may use
this account for as many domains and/or websites as you wish. |
| * Any artificial means of generating impressions including, but not
limited to, hitbots, multiple clicking scripts, begging for clicks, zero
frames, IRC cheats or any other similar activity will result in
termination. |
| * Each page that contains a
XratedTraffic.com JavaScript link must be
part of a regularly viewed webpage that is regularly accessed by a surfer
during that surfer's visit to your website(s). We do not allow password
protected sites. A XratedTraffic.com JavaScript link may not be the only
thing on a web page or on a web page with limited content. If this
situation is found, your account will be terminated. |
| * Without limitation, affiliate's participation in the
Xrated Traffic may
be terminated, where Xrated Traffic, in its sole discretion, determines: (1)
that any content, goods, services, or links displayed on or made available
through or in connection with affiliate's web site(s) are illegal,
obscene, indecent, vulgar, offensive, dangerous, or are otherwise deemed
inappropriate by Xrated Traffic in its sole discretion; or that affiliate or
affiliate's web site(s) violates, has violated, or threatens to violate
either the letter of these terms and conditions or the spirit behind them. |
| * By participating in this affiliate program you agree that this
Agreement will be governed by the laws of the United States and the State
of Michigan, without reference to rules governing choice of laws. Any
action relating to this Agreement must be brought in the federal or state
courts located in Detroit, Michigan, and you irrevocably consent to the
jurisdiction of such courts. You may not assign this Agreement, by
operation of law or otherwise, without our prior written consent. Subject
to that restriction, this Agreement will be binding on, inure to the
benefit of and be enforceable against the parties and their respective
successors and assigns. Our failure to enforce your strict performance of
any provision of this Agreement will not constitute a waiver of our right
to subsequently enforce such provision or any other provision of this
Agreement. |
| * Under no circumstances shall
XratedTraffic.com be liable for any delay or
failure in performance under these terms and conditions resulting directly
or indirectly from acts of nature, forces, or causes beyond its reasonable
control, including, without limitation, internet failures, computer
equipment failures, telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
flood, storms, explosions, acts of God, war, governmental actions, orders
of domestic or foreign courts or tribunals, nonperformance of third
parties, or loss of or fluctuations in heat, light, or air conditioning. |
| * You may not open other browser windows in front of the window in which
our pop up appears. When the surfer is viewing our pop up window there may
not be any other browser windows in front of or behind our pop up window
other than the single page which loaded the popup traffic window. |
| * All impressions you generate for us must come from a webpage. We do
not allow newsgroup postings with links to us. Nor do we allow e-mail
links/ICQ/InstantMessage/spamming or any other such practices that could
reflect negatively on our program. Failure to comply to this request will
result in the immediate cancellation of the account from which the
impressions were sent and also may result in the forfeiture of any funds
owed to that account. |
| * The action of sending any hits from any URLs which contain and/or
promote the following content: ROMs, EMUs, newsgroup postings, spam e-mails, or any other
site which contains content or promotes activities which are illegal in
the united states without the prior written consent of XratedTraffic.com will result in
the immediate cancellation of the account from which the hits were sent
and the forfeiture of any funds owed to that account. |
| * We do not allow incentivised clicks of any kind. |
| * XratedTraffic.com reserves the right to terminate your account if it is
idle for more than a month. |
| * XratedTraffic.com reserves the right to terminate the account of any
affiliate who publicly posts derogatory and or slanderous statements about
XratedTraffic.com, K&M Enterprises Inc., and their subsidiaries or
officers. |
| * You must notify us before you make any changes in information
established in the account agreement. |
| * You must have all referring pages written entirely in English. |
| * Any questions regarding this agreement should be directed to
staff@xratedtraffic.com |
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