Terms and Conditions
Please read the following Terms and Conditions carefully. These Terms and Conditions define the Webmaster Program pursuant to which Digital Desire Group ("DDG"), has agreed to pay YOU to provide Web traffic to a web page or pages to be specified by DDG ("DDG Target Page(s)").
1. ACCEPTANCE OF TERMS AND CONDITIONS. YOU acknowledge that YOU have read, agree to abide by, and accept these Terms and Conditions, including as they may be amended from time to time. Ignorance of these Terms and Conditions is not an excuse for any violation.
2. MODIFICATION OF TERMS AND CONDITIONS. DDG reserves the right to add to, delete from, or change these Terms and Conditions at any time. ALL ADDITIONS TO, DELETIONS FROM AND CHANGES OF THESE TERMS AND CONDITIONS ARE EFFECTIVE THREE (3) CALENDAR DAYS AFTER BEING MADE, WHETHER OR NOT ACTUAL NOTICE HAS BEEN GIVEN TO YOU UNLESS NOTICE IS REQUIRED ELSEWHERE IN THESE TERMS AND CONDITIONS! YOU are responsible for reading and complying with any changes that DDG may make to these Terms and Conditions from time to time.
3. ADMITTANCE / TERMINATION. DDG reserves the right to deny YOU admittance into this Webmaster Program, or to terminate YOU from this Webmaster Program at any time for any reason. Also, DDG may terminate this Webmaster Program at any time for any reason. DDG will provide e-mail notification of denial of admittance or of termination. If DDG terminates for any reason other than a violation by YOU of these Terms and Conditions, DDG will pay to YOU any sums that have accrued to YOU under this Webmaster Program as of the date of termination.
4. VIOLATION OF TERMS AND CONDITIONS. Violation of any or all of these Terms and Conditions is grounds for termination and releases DDG from any payment or other obligation to YOU, regardless of whether the payment or other obligation has accrued or has not. In all cases, DDG shall be the sole determiner of whether a violation exists and may act on good faith suspicion alone.
5. AGE REQUIREMENT. In order to participate in this Webmaster Program, YOU must be over the age of 18 or of the legal age to view adult content in YOUR community.
6. UNITED STATES TAXES. United States residents and corporations, and foreign participants who are residents of the United States, are required to provide a completed and signed United States Department of Treasury Internal Revenue Service Form W-9 setting forth information including a United States Federal taxpayer ID Number or Social Security Number. Foreign participants who are not residents of the United States and who are not conducting a trade or business in the United States, are required to provide a completed and signed United States Department of Treasury Internal Revenue Service Form W-8BEN before any payment will be processed. Foreign participants who are not residents of the United States but who are conducting a trade or business in the United States, are required to provide a completed and signed United States Department of Treasury Internal Revenue Service Form W-8ECI before any payment will be processed.
7. PAYMENT FOR WEB TRAFFIC. DDG will pay YOU for Web traffic to DDG Target Page(s) from a banner or link posted on web page(s) of YOUR site(s) as follows:
7.1 YOU elect, upon YOUR initial commitment to this Webmaster Program, either to be paid a flat rate for each new membership sign-up to Digital Desire that you bring to DDG or to be paid for the unique hits that you send to DDG's Target Page(s). Once made, this election cannot be changed.
7.2 If YOU elect to be paid for the unique hits that you send to DDG's Target Page(s), the amount DDG will pay to YOU is determined by YOUR total Unique Hits and YOUR Conversion Rate during the Pay Period. Your payment will be calculated as follows: payment for a Pay Period equals the product of the Per Click Payout specified for YOUR Conversion Rate during the Pay Period, multiplied by the total number of Unique Hits YOU send to DDG's Target Page(s) during the Pay Period.
A "Pay Period" is defined as a two week period commencing on a Monday at 12:00 AM Pacific Time and ending two weeks later on a Sunday at 11:59 PM Pacific Time.
In the event that YOU have a Conversion Rate of less than 1.00 in any given Pay Period, YOU will be paid at a rate of Thirty United States Dollars (30 USD) for every sign-up during the Pay Period, instead of the calculation described above.
"Conversion Rate" is defined as the total number of new membership sign-ups to Digital Desire that DDG obtains from Unique Hits YOU send to DDG Target Page(s) from web page(s) of YOUR site(s), divided by the total number of Unique Hits YOU send to DDG Web Site(s) from YOUR site(s), multiplied by one thousand.
"Unique hits" is defined as clicks from an IP address not seen during the current current twenty-four (24) hour period measured from 10:00 PM Pacific Time to 9:59 PM Pacific Time.
7.3 DDG reserves the right to change the payout calculation at any time with three (3) days written notice to YOU.
7.4 All payments are made by check in U.S. dollars. Payments are mailed on Fridays for the Pay Period ending on the immediately preceding Sunday. Payment will only be sent if the amount due to YOU is at least $100. Payment will be carried over from week to week until the amount due to YOU is at least $100. If YOU are a foreign, non United States resident participant, YOU may request that DDG withhold payment until the amount due is $300.00, $600.00 or $900.00 so as to incur lower banking fees.
7.5 YOU agree, by accepting and negotiating payment received from DDG, that the payment received is payment in full for any and all advertising space and traffic for the Pay Period to which the payment applies.
7.6 DDG's log files will prevail in determining the number of Unique Hits. DDG will not pay for Web traffic generated by Java Scripts, hidden IMG SRC or any other falsification of hits.
7.7 More than five (5) hits from the same IP address in one Pay Period, or more than one (1) hit from a single IP address in a single day ("Excessive Hits") will not be counted as Unique. Excessive Hits is grounds for termination of YOUR participation in this Webmaster Program as a violation of these Terms and Conditions.
8. BANNERS AND ADS.
8.1 DDG will provide YOU with a selection of banners and ads for use in this Webmaster Program. YOU may post as many of these banners on YOUR site(s) as YOU wish
8.2 YOU may create banners or ads for use in this Webmaster Program, but YOU must obtain DDG's written approval of any such banners or ads prior to usage. There is no compensation for making banners or ads, and DDG reserves the right to post any banners or ads you create for use by other sites.
8.3 DDG retains all copyright and ownership in the banners and ads provided by DDG, including all images therein. During the existence of this Agreement, DDG hereby grants to YOU the right to post banners and ads provided by DDG on YOUR web pages, solely in order to send traffic to DDG Target Page(s). Upon any termination of YOUR participation in this Webmaster Program, this grant of rights shall cease and YOU must immediately remove DDG's banners and ads from YOUR web pages.
8.4 YOU are not authorized to use DDG's names and/or trademarks and/or logos and/or banners and ads for any other purpose.
9. PROHIBITED ACTIVITY.
9.1 Any and all practices that could reflect negatively on DDG are prohibited. All Web traffic sent to DDG Target Page(s) must be voluntary and must originate from a Web page. Misleading text in connection with the banner, forced exit traffic, forced click-throughs, and blind links, are all prohibited. Postings to newsgroups, bulletin boards, clubs, or IRC postings,or other postings, with links to DDG Target Page(s) are prohibited. Links from e-mail are prohibited, whether or not the e-mail constitutes unsolicted commercial e-mail (UCE), commonly known as SPAM.
9.2 YOU are prohibited from sending any Web traffic to DDG Target Page(s) from any Web pages with any content, on the Web page or in its URL, that might infringe the rights of third parties, including but not limited to: warez, password selling or trading, copyright or trademark or other intellectual property infringement, privacy or right of publicity infringement, use of another's name or a variation thereof without express consent. YOU are prohibited from sending any Web traffic to DDG Target Page(s) from any Web pages which violate any laws of a jurisdiction in which YOU or DDG is located, or which contain or promote, in any way, the following: obscene content, child pornography, bestiality, rape, warez, password selling or trading, UCE or SPAM e-mails, copyright or trademark or other intellectual property infringements, rights of privacy or publicity infringements, use of another's name or variation thereof without express consent.
9.3 YOU are prohibited from placing DDG banners or ads on a "Circle Jerk" site or sending Web Traffic to DDG Target Page(s) from a "Circle Jerk" site. "Circle Jerk" is defined to include, but is not limited to, sites that hide or camouflage their entry button and/or links to their pictures, as well as any effort to hide the site's true content with the intention of tricking or encouraging browsers into clicking on banners.
9.4 YOU are prohibited from displaying DDG Target Page(s) in a frame or similar device for displaying DDG Target Page(s) with other advertising or content.
9.5 YOU are prohibited from using DDG's names and/or trademarks and/or logos and/or banners and ads and/or other intellectual property in any unsolicited commercial e-mail (UCE), commonly known as SPAM.
9.6 If YOU engage in any PROHIBITED ACTIVITY, or in any similar activity or practice to accomplish similar results, YOUR participation in this Webmaster Program will be terminated immediately as a violation of these Terms and Conditions. DDG shall be the sole determiner whether YOU have violated these Terms and Conditions.
9.7 YOU are prohibited from using ddgirls.com's or DigitalDreamgirls.com names and/or trademarks and/or logos and/or banners and ads and/or other intellectual property in any unsolicited commercial e-mail (UCE), commonly known as SPAM. You are similarly prohibited from using DDG's names and/or trademarks including but not limited to the names "Digital Desire", "DDGIRLS", "STEPHEN HICKS ", "J STEPHEN HICKS", "J S HICKS", or "DigitalDreamgirls" in the name of the domain of your site(s) or the Meta Tag Title of any pages at your site(s), or in any advertising or paid search engine results or placement advertising.
9.8 YOU are prohibited from distributing any DDG content that contains explicit nudity of genitalia or is deemed unuseable by DDG policy. It will be YOUR responsibility to make sure you are in accordance with our policy if YOU are given access to additional content that is not already present in our promotional tools.
10. WEB TRAFFIC FROM PASSWORD PROTECTED AREAS. YOU are required to provide a functional username and password to DDG, upon request, for all password protected URLs from which YOU have sent Web traffic to DDG Target Page(s). The username/password combination must remain functional throughout YOUR participation in this Webmaster Program.
11. NONRESPONSIBILITY FOR TECHNICAL PROBLEMS. DDG will not be held responsible for any loss to YOU that is caused by computer server downtime resulting from complications with YOUR or our hosting equipment or technical errors.
12. ENTIRE AGREEMENT. These Terms and Conditions, along with the information provided by YOU about YOU and YOUR site(s), shall constitute the entire agreement between YOU and DDG. The date of execution shall be the date on which YOU submit to DDG all identity, contact (address, telephone, fax, e-mail) and tax information requested by DDG.
13. APPLICABLE LAW; ARBITRATION. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, United States, which are applicable to contracts entered into and to be fully performed therein. Any dispute, controversy or claim relating to this contract shall be settled by arbitration in the Cities of Los Angeles or Culver in accordance with the rules and regulations governing commercial arbitration promulgated by the American Arbitration Association before a neutral arbitrator(s) (i.e., individuals who, to the best of either party's knowledge, do not have a bias in favor of, or against, either party) having experience in matters involving Internet commerce. The decision of the arbitrators shall be final and binding on the parties, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any arbitration award shall include attorney's fees for the prevailing party.
14. LIMITED LIABILITY. Notwithstanding anything to the contrary contained herein, DDG shall not, under any circumstances, be liable to YOU for incidental, special, or punitive damages, including but not limited to lost profits, even if apprised of the likelihood of such damages occurring.
15. NO IMAGE FUSKERS. Digital Desire (DigitalDesire.com) and DDGcash.com affiliates are not permitted to use our images on any FUSKER sites or likewise without first having written permission from Earlyman, Inc. We do not allow the use of our images or video in such as manner and doing this will immediately cause us to eliminate your account and forfeit any future revenues as well as you may be liable for bandwidth costs.
16. NOTICES. All notices which YOU are required hereto or may desire to give to DDG shall be in writing and shall be given either by personal delivery (which shall include by means of overnight delivery services), fax or e-mail or by registered or certified mail (postage prepaid), air mail if available. Such notices shall be deemed given on the date delivered, faxed, e-mailed, or, if mailed, on a date three (3) business days after the date of mailing if mailed in the United States or five (5) business days after the date of mailing if mailed outside of the United States. Until further notice, notices given to DDG shall be given as follows: DDG Cash, 2445 Kanan Rd., Agoura Hills, California 91301, Fax: 818-991-0919, e-mail: [email protected] Notices given to YOU shall be given to the contact information (address, fax, e-mail) provided by YOU upon commiting to this Webmaster Program, or such subsequent contact information YOU provide in writing to DDG with receipt acknowledged.