Terms of Service
We engage webmasters active in the field of internet services, website promotion, and/or related services for the purpose of sending traffic and increasing popularity for websites. We offer such webmasters the opportunity to earn money by sending clicked traffic to www.ashemale.com (‘‘Website’’).
The present Terms of Service are a binding agreement between you (“you” and/or “Webmaster”) and the operators of www.ashemale.com and are hereafter referred to as the “Agreement.”
The operators of Website wish to expand their clientele and popularity and therefore wish to retain the Webmaster to provide certain promotional services and sell clicked traffic on the terms and conditions hereinafter set forth.
By completing the webmaster application to Website affiliate program, and clicking “I agree” on Terms of Service, the Webmaster agrees to abide by all the Terms of Service which are specified in this Agreement. This includes different commission structures set by the operators of Website. All commission structures which are specified in clause 5 of this Agreement shall be deemed to form an integral part thereof.
The operators of Website can approve or reject any Webmaster application without any further notice to the Webmaster.
Approved Webmaster accounts are automatically included into the Website affiliate program, and can use Website's website and marketing tools.
By accepting commission payments from the operators of Website, the Webmaster confirms his irrevocable acceptance of this Agreement and possible modifications.
Upon entry into force of this Agreement, the Webmaster will gain access to a convenient control panel to help fill its site up with exclusive video content that Visitors and content producers upload to our resource daily. The Webmaster can send traffic from its tgp, blogs, CJs, dumps etc and can download updates both manually and automatically (through RSS channel).
- DEFINITIONS AND INTERPRETATION
- LICENSE AND RELATIONSHIP OF THE PARTIES
- The operators of Website grant to you a revocable, non-exclusive, worldwide, royalty-free license to use, reproduce, and transmit the materials provided to you by Website via the Internet, solely for the purpose of providing Internet traffic to the Website. This license includes the right to use the Website name and trademark, the video content provided by Website, and any other materials provided by Website for your use, but you may do so only in strict compliance with the terms and conditions of this Agreement. You acknowledge and agree that any breach of this Agreement gives the operators of Website the right to terminate this license without notice, in addition to taking any other actions permitted by the terms and conditions of this Agreement. The operators of Website also grant to the Webmaster the right to use the site’s name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. The operators of Website therefore agree that they shall have no recourse against the Webmaster for any alleged or actual infringement or misappropriation of any proprietary right.
- It is understood and agreed that this is an agreement for the performance of services and that the relationship of the Parties to each other is that of independent contractors. No agency or partnership is created by this Agreement. The Webmaster shall not hold itself out as or represent itself to be an agent of the operators of Website. The Webmaster shall not be entitled to any remuneration, rights or benefits other than as set forth in this Agreement.
- SERVICES TO BE PROVIDED
- WEBMASTER’S RESPONSIBILITIES AND WARRANTIES
- The Webmaster confirms to be of legal age and assumes total responsibility and risk for use of Website. The operators of Website provide the site and related information “as it is” and do not make any express or implied warranties, representations or endorsements whatsoever with regard to the services provided, any merchandise information or service provided through the website or on the internet generally, and shall not be liable for any cost or damage arising either directly or indirectly. It is solely the Webmaster’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the services of Website. The operators of Website do not warrant that the services will be uninterrupted or error-free or that defects in the services will be corrected.
- The Webmaster understands further that the pure nature of the business of Website contains unedited materials some of which are sexually explicit or may be offensive. The Webmaster’s access to such materials is at his own risk. The operators of Website have no control over and accept no responsibility whatsoever for such materials.
- The Webmaster shall be responsible for notifying the operators of Website of any malfunctioning links or content.
- The Webmaster agrees not to send traffic to or cause traffic to be sent from any site that contains material related to child pornography, bestiality, rape, torture, death, and/or any other type of obscene and/or illegal material, nor may its websites contain any material of this type. The operators of Website may report any such illegal activity to the relevant law enforcement authorities.
- The Webmaster shall not take any actions or act in any manner that will destroy or impair the value and the goodwill associated with the Website brand and agrees not to use Website’s proprietary marks in a manner that dilutes or tarnishes the mark, diminishes its value, or portrays its services in a negative manner.
- The Webmaster shall not engage in, display, or promote any behavior that is libelous, slanderous, harmful, abusive, threatening, violence-inducing, racist or hate-oriented.
- The Webmaster will not intentionally target any jurisdiction where pornography is illegal.
- The Webmaster will not direct customers to Website by way of fraudulent activity like sending spam emails, using incorrect information on links or register as a subscriber and make a deposit through that subscriber’s account, or any other way which will artificially increase the commission or the amount of generated Visitors.
- Any websites operated by affiliates or any other marketing channel cannot contain material which may give an impression or cause a risk of confusing that it is operated by Website.
- The remuneration of the Webmaster shall be paid in consideration of the Webmaster’s services in sending referred traffic with a view to promoting and optimizing the popularity and commercial use online of Website.
The operators of Website shall pay the Webmaster for its services, and the Webmaster shall earn such commissions on the revenue generated by use of the services, to be individually negotiated in each case, as set out in the Webmaster’s invoices issued from time to time but the following formula shall be used to guide the operators of Website in determining the remuneration:
Commission earned from Visitors sent to video pages, index and search results:
From HQ countries: 2.00 USD
From LQ countries: 0.50 USD
Commission earned from Visitors sent via embedded videos:
From HQ countries: 1.50 USD
From LQ countries: 0.50 USD
- Payment in full of such invoiced amount is due upon receipt of the invoice. The operators of Website shall pay the aforementioned commission fee promptly to the Webmaster, free of any deductions or charges, or withholding taxes and/or any other governmental levies and tax duties.
- Traffic numbers for payment amounts are calculated on a daily basis.
- The Webmaster shall be responsible for ensuring that the payment information it provides to the operators of Website for payment of referral fees is accurate. The operators of Website will not be liable for any payments that cannot be transmitted to the Webmaster due to inaccurate payment information, or due to any technical or other problems with the chosen payment provider’s system.
- The Webmaster agreed that it shall not be entitled to a referral fee for any referrals that are in breach/violation of the terms of this Agreement and/or for any subscription that the operators of Website in their discretion believe to be the result of possible fraudulent activity.
- HOW TRAFFIC IS COUNTED
- All Visitors of Website for the first time during the past 24 hours by clicking the link placed at your resource are regarded as unique. The Visitors are tracked with the help of cookies.
- Traffic is accepted only from legal resources. The usage of codecs, adware, spyware, CP, zoo, scat and similar content is strictly forbidden.
- We do not allow any forms of spam (emails, instant messages and other unsolicited postings) for promoting our site.
- We do not accept any kind of blind traffic.
- We do not allow any modifications for our embedded videos (for example: blocking external links and related videos, closing our logo etc).
- We reserve the right to close your account if the quality of your traffic is bad.
- We do not pay for the traffic from users with inactive Java-Script, as well as for the traffic from users that don’t view the pictures.
- We do not pay for traffic sent to deleted videos, so please remove them ASAP.
- It is forbidden to open our clips in frames and iframes - in this case we can close your account for cheating. We do not allow sending traffic via redirects.
- CONTENT AND RESPONSIBILITY OF OPERATORS OF WEBSITE
- RESERVED RIGHTS OF THE OPERATORS OF WEBSITE
- All Website Trademarks, Logos and materials, including but not limited to all advertising banners, photographic materials, recordings, videos, sounds, and any other form of intellectual property provided to the Webmaster by Website as part of this program, will remain the exclusive property of the operators of Website or their licensors, and may not be copied, reproduced, altered, modified, changed, broadcasted, distributed, transmitted, disseminated, sold, or offered for sale in any manner except as provided by this Agreement or otherwise expressly authorized in writing and in advance by the operators of Website. You acknowledge and agree that nothing in this Agreement grants you any right of ownership whatsoever in operators of Website’s intellectual property, nor any license to use any of operators of Website’s intellectual property except as provided by this Agreement.
- You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Site solely for the purpose of providing Internet traffic to the Website provided that you agree not to change or delete any copyright or proprietary notices from the materials.
- LIMITATION OF LIABILITY
- In no event will the operators of Website be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the website, or any information, or transactions provided on the website, or downloaded from the website, or any delay of such information or service.
- The operators of Website make no representations whatsoever about any other websites which the Webmaster may access through Website or which may link to this site. In addition, a link on Website does not mean that the operators of Website endorse or accept any responsibility for the content, or the use, of such website.
- The operators of Website shall defend, indemnify, save and hold the Webmaster harmless from any claims, demands, actions, causes of action, damages, losses, costs, liabilities, expenses, penalties or fines (including reasonable legal fees) asserted against the Webmaster, that may arise or result from any service provided or performed or agreed to be performed by the operators of Website, or any product distributed, offered or sold by the operators of Website.
The Webmaster hereby covenants and agrees to indemnify and save harmless the operators of Website, their directors, officers, employees, agents and representatives (the “Indemnified Parties”) from and against any claims, demands, actions, causes of action, damages, losses, costs, liabilities, expenses, penalties or fines (including reasonable legal fees) which any of the Indemnified Parties may sustain, incur or suffer and/or which any person including, without limitation, a Visitor may make or bring against an Indemnified Party arising directly or indirectly in any way by reason of, out of, in respect of or in connection with:
- any act or omission, including, without limitation, any negligence or other tortuous act, committed by the Webmaster and its directors, officers, employees, agents and representatives in the performance of its obligations under this Agreement;
- any untruth, inaccuracy or incorrectness of any of the marketing materials prepared and distributed by the Webmaster pertaining to the Services.
- TERM AND TERMINATION
- This Agreement may be terminated by either party by giving a thirty (30) day written notification to the other party. Written notification may be given by an email.
Parties hereby agree that on termination of this Agreement:
- The Affiliate must remove all references to Website from the Webmaster's websites and/or other marketing channel and communications, irrespective of whether the communications are commercial or otherwise.
- All rights and licenses granted to the Webmaster under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Webmaster will cease the use of any trademarks, service marks, logos and other designations vested.
- The Webmaster will be entitled only to those earned and unpaid commissions as of the effective date of termination; however provided, the operators of Website may withhold the Webmaster's final payment for a reasonable time to ensure that the correct amount is paid. The Webmaster will not be eligible to earn or receive commissions after this date.
- If this Agreement is terminated by the operators of Website on the basis of the Webmaster's breach, the operators of Website shall be entitled to withhold the earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach. It is further specified that termination by the operators of Website due to a breach by the Webmaster of any of the clauses in this Agreement shall not require a notice period and such termination shall have immediate effect upon simple notification to the Webmaster.
- The Webmaster must return to the operators of Website any and all confidential information (and all copies and derivations thereof) in the Webmaster's possession, custody and control.
- Termination will not relieve the Webmaster from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement. The Webmaster’s obligation of Confidentiality towards the operators of Website shall survive the termination of this Agreement.
- GENERAL TERMS
This Agreement, constitutes the entire Agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written of the parties and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof except as specifically set forth herein.
The operators of Website may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement on the site. The Webmaster agrees to review the Agreement periodically to be aware of such modifications and his continued access or use of the site shall be deemed his conclusive acceptance of the modified agreement.
- Neither this Agreement nor any rights or obligations hereunder shall be assignable by any Party without the prior written consent of the other Party. This Agreement shall ensure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors and permitted assigns.
- Each Party represents and warrants in favor of the other that it has all necessary capacity and authority to enter into this Agreement and to carry out its respective obligations hereunder and that neither Party is a Party to, bound or affected by or subject to any indenture, mortgage, lease, agreement, instrument, charter or by-law provision, statute, judgment, decree or the relevant statute law which would be violated, contravened, breached by, or under which default would occur as a result of, the execution and delivery of this Agreement and the performance of its respective obligations hereunder.
- Severability: If any provision of this Agreement is held to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of this Agreement in that jurisdiction shall not be affected and the legality, validity and enforceability of the whole of this Agreement shall not be affected in any jurisdiction.
- These Terms of Service does not create any right enforceable by any person who is not a Party or privy to this Agreement.
- This Agreement shall be governed by and construed in accordance with the Cyprus which will be applicable therein and shall be treated, in all respects, as a Cyprus contract. Each Party thereto irrevocably attorns to and submits to the non-exclusive jurisdiction of the Courts of Cyprus with respect to any matter arising hereunder or related hereto.
High Quality (HQ) Countries: Andorra, Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Hong Kong, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, Singapore, South Africa, Spain, Sweden, Switzerland, Taiwan, United Kingdom, United States.
Low Quality (LQ) Countries: All other countries other than HQ Countries.
Visitor: any visitors to Website
The Webmaster agrees to provide certain technical support services related to selling clicked traffic/iframe traffic. In particular, the Webmaster undertakes to send referral traffic to Website’s video pages, category pages, main page, mobile site or the pages containing the results of a search and also, embedding Website’s videos on various sites and shall be responsible for the provision of high quality link buildings. The Webmaster commits to provide targeted traffic from a particular audience interested in the services of Website giving the operators of Website a significant advantage over general web traffic.
The Webmaster will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through its network. The Webmaster shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason. Furthermore, The Webmaster shall not be held responsible for maintaining backups of customer's data in the event of loss or corruption, and customer accepts sole responsibility for maintaining any such backups.