1. Participation. In order to enroll
and participate as a Webmaster in the Extremepaychecks.com
Program, you must be over eighteen (18) years of age
[21 years of age in the States of AL, MS, NE, WY], or
over the age of majority if you reside and/or conduct
business in states, provinces or countries where the
age of majority is greater than eighteen (18) years
of age. You must be the owner of the website or the
individual vested with the authority to enter into contracts
on behalf of the entity that owns the rights to your
website. You may not participate in the Extremepaychecks.com
Program in any manner if you are not of the age of majority
in the state, province or country where you reside and/or
conduct business. Extremepaychecks.com will not accept
Webmasters from: Albania, Armenia, Azerbaijan, Belarus,
Brazil, Bulgaria, China, Costa Rica, Croatia, Cuba,
Czech Republic, Estonia, Georgia, Hungary, India, Indonesia,
Israel, Japan, Jordan, Kalingrad, Kazakhstan, Korea,
Kyrgyzstan, Latvia, Lithuania, Malaysia, Moldova, Pakistan,
Philippines, Romania, Russia, Singapore, Slovakia, Slovenia,
Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan,
Ukraine, United Arab Emirates, Uzbekistan, Yugoslavia
and any other country or place that viewing, downloading
or the use of materials from Extremepaychecks.com would
or could reasonably constitute a violation of any law,
regulation, rule or custom. Further Extremepaychecks.com
will not accept Webmasters from any foreign country
designated under 31 C.F.R. Part 515.
2. Definition of Active Webmaster.
An active Webmaster is defined as a Webmaster that has
sent a minimum number of valid referrals, which result
in, qualified signups on a monthly basis (the required
minimum number is randomly between 4-8 in a period of
30 days) to the program. Relatives and employees are
not eligible as referrals and any attempt to refer ineligible
individuals to the program will result in immediate
account termination.
3. Definition of Qualified Signup.
A qualified signup is a signup of a valid referral that
does not result in a refund or reversal in the first
24 hours of membership and is not in violation of the
terms of this agreement.
4. Definition of Valid Referral. A
referral is valid if it is not in violation of the terms
of this agreement. Extremepaychecks.com will not accept
accounts from Albania, Armenia, Azerbaijan, Belarus,
Brazil, Bulgaria, China, Costa Rica, Croatia, Cuba,
Czech Republic, Estonia, Georgia, Hungary, India, Indonesia,
Israel, Japan, Jordan, Kalingrad, Kazakhstan, Korea,
Kyrgyzstan, Latvia, Lithuania, Malaysia, Moldova, Pakistan,
Philippines, Romania, Russia, Singapore, Slovakia, Slovenia,
Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan,
Ukraine, United Arab Emirates, Uzbekistan, Yugoslavia
and any other country or place that viewing, downloading
or the use of materials from Extremepaychecks.com would
or could reasonably constitute a violation of any law,
regulation, rule or custom. Further Extremepaychecks.com
will not accept accounts from any foreign country designated
under 31 C.F.R. Part 515.
5. Payment. The Pay Period shall be
split into two monthly period defined as from the 1st
of the month to the 15th of the month and the 16th of
the month to the last day of the month. Payments for
the pay period from the 1st of the month to the 15th
of the month shall be posted on the 30th day of the
month or if the 30th day is not a business day, payments
shall be posted on the first business day following
the 30th. Payments for the pay period from the 16th
of the month to the last day of the month shall be posted
on the 14th day of the following month or if the 14th
day if not a business day, payments shall be posted
on the first business day following the 14th. Extremepaychecks.com
pays Active Webmasters the sum of thirty five dollars
($35.00) for valid trial and full qualified signup when
under 50 signups are earned per pay period and up to
forty dollars ($40.00) for valid trial and full qualified
signups when above 50 earned signups per pay period.
You acknowledge and agree that you shall not be entitled
to a commission or referral fee for any referrals, which
are a violation of the terms of this agreement. You
also acknowledge and agree that you shall not be entitled
to a commission or referral fee from Extremepaychecks.com
for any subscription, which Extremepaychecks.com in
its sole and unfettered discretion determines, is the
result of possible fraudulent activity.
6. Fraudulent Activity. You acknowledge
and agree that Extremepaychecks.com shall have the right,
in its sole and exclusive discretion, at any time to
expand or modify what it determines to constitute possible
fraudulent activity. Without limiting the foregoing,
possible fraudulent activity shall include without limitation,
the following circumstances or activities: 1.Where there
has been an attempt to put through a credit card with
a bin number that is listed in a negative bin number
database; and 2. Where there have been sequential or
multiple attempts to register or subscribe from a credit
card using the same bin number and sequential or multiple
number strings to complete the credit card number.
7. Charge Backs. Extremepaychecks.com
reserves the right to cancel any Webmaster’s account
that has an unusually high number of charge-backs and
refunds as decided in the sole and unfettered discretion
of Extremepaychecks.com. Any monies, which are due to
any Webmaster whose account has been terminated due
to charge-backs and refunds, will be forfeited as partial
damages under the terms of this agreement.
8. Modification to Terms of Service.
Extremepaychecks.com shall have the right to modify
any of the terms and conditions contained in this Agreement
at any time and in its sole and unfettered discretion.
Notice of any change in the terms and conditions by
e-mail, to the e-mail address contained in the records
of Extremepaychecks.com, or by the posting on Extreme
Concept’s website of a change notice is considered
sufficient notice of a modification to the terms and
conditions contained in this Agreement. Modifications
to the Terms of Service may include, but are not limited
to, changes in the payment of fees, payment procedures
and participation rules. Any such modification shall
be effective 48 hours following service of notice as
provided hereinabove. Should you find any modification
to be unacceptable, your only recourse is to terminate
your status as Webmaster with Extremepaychecks.com.
Your continued participation following the posting of
a change notice shall constitute acceptance of any and
all changes and shall be binding.
9. Unacceptable Traffic. Child Pornography,
bestiality, rape, torture and/or any other type of obscene
and/or illegal material are not tolerated by Extremepaychecks.com.
If you send hits or cause hits to be sent from any site
which contains Child Pornography, bestiality, rape,
torture of any other type of obscene and/or illegal
material your status as Webmaster will be revoked, your
account cancelled and all monies due to you will be
forfeited as partial damages for violation(s) of the
Extreme Concept’s terms and services. Further,
Extremepaychecks.com does not accept traffic from any
site that contains materials which constitutes an infringement,
misappropriation or violation of any individual’s
or entity’s intellectual property rights including
but not limited to copyrights, trademark rights, rights
of publicity, patent rights, personal property rights,
privacy rights, etc.
10. Reservation of Rights. Extremepaychecks.com
reserves the right to cancel this program at any time.
Extremepaychecks.com shall not be liable for any losses
due to server downtime, net congestions and any and
all similar and like occurrences or difficulties. All
Extremepaychecks.com program benefit materials, including
but not limited to all advertising banners, photographic
materials, recordings, video, sound, and any other form
of intellectual property provided to you by Extremepaychecks.com
as part of this program shall remain the property of
Extremepaychecks.com and may not be copied, reproduced,
altered, modified, changed, broadcast, distributed,
transmitted, disseminated, sold or offered for sale
in any manner except as expressly authorized in writing
by Extremepaychecks.com. Should any law enforcement
agency, internet service provider or other individual
or entity provide Extremepaychecks.com with notice that
you have engaged in the transmission of unsolicited
e-mails or have otherwise engaged in unlawful conduct
or conduct in violation of said service provider’s
terms of service, Extremepaychecks.com reserves the
right to cooperate in any investigation relating to
your activities, including the disclosure of your account
information in connection therewith.
11. Spamming. Extremepaychecks.com
has a ZERO TOLERANCE policy relating to “spamming.”
No spamming of any kind, whatsoever, is permitted to
Extremepaychecks.com’s site, including IRC. Participation
will be terminated without notice if in the sole and
unfettered discretion of Extremepaychecks.com it is
concluded that you have engaged in the use of any form
of mass unsolicited electronic mail solicitations, news
group postings, password selling or trading, warez,
IRC positing or any other form of “spamming.”
Further, upon termination, all funds otherwise due to
you under the terms of this agreement will be forfeited
as partial damages for violation of the terms of this
Agreement. Should any law enforcement agency, internet
service provider or other individual or entity provide
Extremepaychecks.com with notice that you have engaged
in the transmission of unsolicited e-mails Extremepaychecks.com
reserves the right to cooperate in any investigation
relating to your activities, including the disclosure
of your account information in connection therewith.
12. Representations and Warranties.
You hereby represent, warrant and covenant that this
agreement has been duly and validly executed and delivered
by you and constitutes your legal, valid and binding
obligation, enforceable against you in accordance with
its terms. You further represent, warrant and covenant
that the execution, delivery and performance by you
of this Agreement is within your legal capacity and
power, has been: (1) duly authorized by all requisite
actions taken on your part; (2) does not require the
approval or consent of any other individuals or entities;
(3) does not violate nor constitute a default under
any provision of law, rule, regulation, order, judgment,
or decree to which you are subject or which is binding
upon you; and (4) does not violate the terms of any
other agreement, document or instrument applicable to
you or binding upon you. Should any law enforcement
agency, internet service provider or other individual
or entity provide Extremepaychecks.com with notice that
you have engaged in the transmission of unsolicited
e-mails or have otherwise engaged in unlawful conduct
or conduct in violation of said service provider’s
terms of service, Extremepaychecks.com reserves the
right to cooperate in any investigation relating to
your activities, including the disclosure of your account
information in connection therewith.
13. Limitation of Liability. You expressly
understand and agree that Extremepaychecks.com shall
not be liable for any direct, indirect, incidental,
special, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill,
use, date or other intangible losses (even if Extremepaychecks.com
has been advised of the possibility of such damages)
resulting from: (i) the use or the inability to use
the service; (ii) the cost of procurement of substitute
goods and services resulting from any goods, data, information
or services purchased or obtained or messages received
or transactions entered into through or from the service,
(iii) unauthorized access to or alteration of your transmissions
or date; (iv) statements or conduct of any third party;
or (v) any other matter relating to the service. Note:
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability
for incidental or consequential damages. Accordingly,
some of the provisions of the limitations hereinabove
may not apply to you.
14. Indemnification. You hereby agree
to indemnify, defend and hold harmless Extremepaychecks.com,
its shareholders, officers, directors, employees, agents,
affiliates, successors and assigns, from and against
any and all claims, losses, liabilities, damages or
expense (including attorneys' and any other professional
fees and costs) of any nature whatsoever incurred or
suffered by Extremepaychecks.com, its shareholders,
officers, directors, employees, agents, affiliates,
successors and assigns (collectively the "losses"),
in connection with any claim arising out of any breach
by you of this Agreement or the foregoing representations,
warranties or covenants. You shall cooperate as fully
as reasonable required in the defense of any claim.
Extremepaychecks.com reserves the right to assume the
defense and control of any matter otherwise subject
to indemnification by you and you shall not in any manner
settle any matter without the express written consent
of Extremepaychecks.com.
15. Jurisdiction. This Agreement shall
be governed by and construed in accordance with the
laws of the State of Florida, without regard to conflicts
of law principles. The sole and exclusive jurisdiction
and venue for any action or proceeding arising out of
or related to this Agreement shall be in an appropriate
state or federal court located in the County of Hillsborough,
in the State of Florida. You hereby submit to the jurisdiction
and venue of said Courts. You consent to service of
process in any legal proceeding.
16. Miscellaneous. This Agreement may
not be assigned without the prior written consent of
Extremepaychecks.com. This Agreement shall be binding
on, inure to the benefit of and be enforceable against
the parties hereto, their successors and assigns. The
failure of Extremepaychecks.com to enforce the strict
performance of the terms of any provision of this Agreement
shall not be deemed a waiver of the right of Extremepaychecks.com
to subsequently strictly enforce any provision of this
Agreement. This Agreement constitutes the entire agreement
between you and Extremepaychecks.com. If for any reason
a court of competent jurisdiction finds that any provision
of this Agreement, or portion thereof, to unenforceable,
in whole or in part, that provision shall be enforced
to the maximum extent permissible so as to effect the
intent of this Agreement and the remainder of this Agreement
shall continue in full force and effect.
17. Acceptance and Execution of Agreement.
By clicking on the “I agree” button on the
signup form, and by supplying Extremepaychecks.com with
all the required information to sign you up as a Webmaster,
you are acknowledging that you have read and agree to
all of the terms and conditions, promises, warranties,
duties and obligations set forth in the above agreement
and agree to be bound by the terms thereof.