Thank you for becoming a participant in our PinupDollars Program (“The Program" or “Program”). Please carefully read all of the following terms and conditions. This is a binding legal agreement ("Agreement") between P.F.C. Media, Inc. a California corporation, (hereinafter, " PinupDollars", "we", or "us") and you ("You”, “Your”, “Affiliate”).
Our approval of You to participate in the Program via your affiliate account with PinupDollars is subject to all the terms, conditions, limitations and waivers below. You acknowledge and agree that by participating in the PinupDollars Program that You will be bound by all of the terms and conditions in this Agreement.
- Definitions.
Herein this Terms of Service agreement, the following terms may be used interchangeably.
"PinupDollars.com", "Pinup Dollars”, “We”, “Our” refers to the website located at http://pinupdollars.com owned by P.F.C. Media, Inc. and the company P.F.C. Media, Inc.
“The Program", "Program", "Affiliate Program" shall refer to the PinupDollars.com Affiliate Program.
"Affiliate”, “You”, “Your” shall refer to You and your official affiliate account with PinupDollars as a recruited webmaster placing Our advertisements on Your individually owned website or websites for the purposes of sending Your traffic to Our Program.
“User” or “Customer” shall refer to any person making online purchases of website memberships or recurring subscriptions for premium access to our websites.
“Sale”, “Sales” or “Subscription” shall be defined as any purchases made by any Users or Customers
“Commissions” shall be defined as the amount of money paid to you for sales generated by you through your affiliate account.
“Chargeback” shall be defined as a demand by a credit-card provider on behalf of their customer to conduct a forced transaction reversal which is initiated by the cardholder’s bank.
“Revenue Sharing” or “Rev Share” or “RevShare” shall be defined as a commission-based affiliate account whereby payments are made by us to you on a percentage basis in return for funneling your traffic and/or customers to the our Program, for the purposes of helping us build our business and increase our sales revenues.
- Enrollment Restrictions.
Only one affiliate account with our Program is permitted per person, company, or other organization. You must be at least eighteen (18) years of age and over the age of majority in your jurisdiction. You many not participate in the Program in any capacity if you do not meet the terms of the enrollment. We reserve the right to deny any prospective sponsor admittance into our program for any reason, based on the content of their website or for any other reason. Pinup Dollars will not accept accounts including, but not necessarily limited to webmasters from: Afghanistan, Albania, Armenia, Azerbaijan, Bahrain, Bangladesh, Belarus, Bosnia and Herzegovina, Botswana, Cambodia, Central African Republic, China, Croatia, Czech Republic, Estonia, Ethiopia, Georgia, Hong Kong (China), Hungary, India, Indonesia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kiribati, Korea, North, Korea, South, Kuwait, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Malaysia, Niger, Nigeria, Oman, Pakistan, Philippines, Qatar, Romania, Russia, R wanda, Saudi Arabia, Serbia and Montenegro, Singapore, Slovakia, Somalia, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, Vietnam, Yemen, Zaire (Dem Rep of Congo), Zambia, Zimbabwe.
- Right to Cancel Affiliate Account.
We reserve any and all rights to immediately cancel, suspend, or otherwise terminate an account for any reason. Such reasons may include, but are not limited to, Affiliate accounts that have an unusually high number of chargebacks and/or refunds. We reserve any and all rights to immediately terminate your account and you will forfeit all earnings and commissions should you breach this terms of service agreement. Pinup Dollars reserves the right to terminate your account if it is idle for more than six (6) months. In such cases you will be notified in advance.
- Payment of Earnings.
PinupDollars agrees to pay you for sales that result from the traffic that enters our websites through your PinupDollars Affiliate links. Baseline commission for these sales is 50% for all new subscription sales and recurring re-bills generated by your Affiliate account. This commission on said gross excludes all fraudulent signups or sales that your Affiliate account generates, all chargebacks that may occur for any signups or sales that your Affiliate account generates, and all refunded memberships of any for any signups or sales that your Affiliate account generates, all of which will be deducted from your affiliate account. Certain affiliates who qualify for Our Program’s pay-per-signup (“PPS”) payout structure shall, instead of the 50% gross commission on all sales, be paid up to $20 per signup. We reserve the right to manually assess and approve all Affiliates who request to be signed up for the PPS commission structure, and approve or deny them at our determination. Similarly, we reserve any and all rights to change any PPS account to a 50% RevShare commission account at any time, for any reason. We also reserve the right to immediately terminate any PPS or RevShare account for breach of this agreement, or any other reason we deem appropriate, and you will forfeit all earnings and commissions in such instance. All funds are paid in U.S. funds, via check, wire bank transfer, EFT, PayPal, Paxum or otherwise pre-approved method of delivery. PinupDollars will charge your account for delivery of every payment made to you, depending on which payment method you select.
- Commissions Percentages and Corrections of Earnings.
All 50% commissions on all gross paid to you shall be 50% of the gross sale, minus any biller’s fees that may apply. Billers fees range from 5.5% to 20%, depending upon which biller utilized by our Program processes the specific transaction processed through your affiliate account. These billers include, but are not limited to, Inovio Payments LLC, Merrick Bank, Humboldt Bank, CCBill, Epoch, Vendo Services, SegPay, PayGarden or any others added by Us at any time. We reserve the right to add or subtract billers at any time, without advance notice. In the event of any refunds or chargebacks, such funds will be subtracted from your account and the amounts due to you will be adjusted accordingly. In the event of any computer errors or technical glitches that we discover, we reserve the right to immediately correct such errors or glitches, and such corrections may also result in a change, either added or subtracted, retroactively and/or moving forward, of funds from your account. In the event that such a correction results in a subtraction that results in a negative funds balance on your account, such funds balance will remain and be applied toward future earnings from your account.
- Delivery of Commissions and Definition of Pay Periods.
We will send you a check (or other pre-arranged method of payment delivery listed above) for the full amount of commission you have earned over a minimum of fifty dollars. If your commission is under fifty dollars, or you opt for a higher minimum payout, your commission will automatically carry over to the next pay period. Pay periods are done twice per month, with new pay periods beginning on the 1st and 16th of each month. After each 1st and 16th of each month, we review and reconcile each individual affiliate account with funds received from our billers, and payments to affiliates who are due commissions from their accounts for said pay period will be made within 30 business days from the end of said pay period.
- Restrictions on Traffic Generation.
You are free to generate traffic by any method that is not in violation of the terms herein. No traffic from sites that contain 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. Purchasing PPC traffic using our trademarked names such as PinupFiles, pinupfiles, pinupfiles.com, our model names without prior written consent is strictly prohibited. E-mail / Instant Messaging promotion is prohibited. This includes but is not limited to: e-mail, newsgroups, IRC, ICQ, AOL AIM, MSN IM, Yahoo IM, Usenet, SMS and Message boards. Violation of this policy will result in the immediate termination of your account and forfeiture of all unpaid earnings. You are free to generate traffic by any method that is not in violation of the terms herein. No traffic from sites that contain 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. Purchasing PPC traffic using our trademarked names such as PinupFiles, pinupfiles, pinupfiles.com, our model names without prior written consent is strictly prohibited.
- Traffic from Illegal Websites.
The action of sending any hits from any URLs which contain and/or promote the following content, programs or linking practices will result in the immediate termination of the account from which the hits were sent and the forfeiture of all unpaid earnings: password, mp3 or warez sites; Sites containing child pornography, bestiality; Spam e-mails or any attempts of deception, fraud, falsification of sign-ups or failure to observe Pinup Dollars terms and conditions. We reserve the rights to cancel any account that has an unusually high number of chargebacks and refunds.
- Indemnity.
Pinup Dollars will not be held responsible for loss due to downtime resulting from complications with yours or our hosting equipment or other technical errors. You hereby agree to indemnify, defend and hold harmless Pinup Dollars / P.F.C. Media, Inc. and its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "losses"), insofar as such losses (or actions in respect thereof) arise out of or are based on (a) any claim or threatened claim that our use of your trademark(s) infringes on the rights of any third party; (b) the breach of any promise, covenant, representation or warranty made by you herein; or (c) or any claim related to your site. Pinup Dollars maximum liability will only ever be the current unpaid commissions due to you.
- Right to Cancel Affiliate Program.
We reserve the right to cancel this program at any time, without prior notification. In such cases you will be notified immediately and paid for all accumulated funds up to that point in time within six months of the date of the program’s cancellation.
- Changes to these Terms of Service.
We reserve the right to change these terms of service at any time, upon which said terms shall take effect immediately. We also reserve the right to change the affiliate payout rate at any time, but with a three (3) day emailed notice to affiliates before such changes take effect.
- Access to Password Protected Traffic Sources.
A functional username and password must be provided upon request for all password protected URLs of an advertiser's site which have sent hits to the program. The username password combination must remain functional throughout the term of the advertiser's membership to Pinup Dollars. Failure to provide a functional username and password within 24 hours of request will result in the termination of that advertiser's account and also may result in the forfeiture of any funds owed to that account.
- Copyright of Marketing Tools and Content.
All Pinup Dollars program benefits materials, including, without limitation, all advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property provided to you by Pinup Dollars as part of this program shall remain the property of Pinup Dollars 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 Pinup Dollars in writing. No alteration of Pinup Dollars licensed content is permitted in any manner that would remove, obscure or otherwise render the original watermarks not visible by individuals viewing them in their browser - with the one exception of the inevitable pixelation caused by creating thumbnails. You must link to, and keep intact verbatim, the text and links to "18 USC 2257 Record-Keeping Requirements Compliance Statements" as they are displayed on the originating source, be it hosted gallery or paysite.
- Hot-Linking.
Hot-linking is not allowed - If you are caught hot-linking movie or image files from any of our servers - your account may be terminated without notice. Use of Pinup Dollars content is granted solely and explicitly for the promotion of Pinup Dollars operated paysites and properties ONLY. No other programs, offerings or products may be promoted or linked on the same page displaying Pinup Dollars licensed content without the expressed written permission of Pinup Dollars.