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Affiliate Terms & Conditions
CyberBounty.com is an Aspire Communication Services, LLC company (AKA ACS, LLC), mailing address: 7512 Dr Phillips Blvd, Suite 50-353, Orlando, FL 32819, as an affiliate you must agree to the following Terms & Conditions
As an affiliate you agree that you are at least 18 years of age
Minimum monthly payment will be selected by the affiliate from specific fixed values made available by CyberBounty.com. Any payments below this level are carried over to the following month. Affiliate may change minimum payment at any time.
Payments are made approximately 30 days after the end of the month. Payments may be made at a later date if a delay is experienced when receiving payment from our merchant(s), or any other circumstances that may facilitate a delayed payment, to include but not limited to investigation of any potential fraud from the affiliates traffic. CyberBounty.com cannot be held responsible for such delays.
Attempting to artificially inflate traffic/revenue will result in immediate account termination without further compensation of any kind.
Affiliate agrees that the merchants will not be promoted on sites that (a) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy of which it is aware; (b) violate any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control; (c) be defamatory or trade libelous; (d) be pornographic or obscene; (e) violate any laws regarding unfair competition, anti-discrimination or false advertising, (f) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines or (g) participate in unsolicited emailing or emailing which does not comply with the Can-Spam act of 2003.
CyberBounty.com cannot be held responsible for any server outages, connectivity problems, or any other situations that may interrupt our service in anyway.
Affiliate agrees to relinquish all rights for any legal action against CyberBounty.com or any of it’s merchants; directors, managing members, officers, agents, employees, its parent, subsidiaries, affiliates, successors and assigns. Any attempts of legal action must be served and addressed within the state of Florida, and within the city of Orlando. All notices, requests, demands, payments and other communications which are required or may be given under this agreement shall be in writing and shall be deemed to have been duly given on receipt if delivered personally, upon receipt of a facsimile confirmation if faxed, two days after being sent by a nationally recognized overnight carrier, or three days after being mailed by certified mail, postage prepaid, return receipt requested. Notices shall be sent to the address supplied at the beginning of this agreement.
Any attempts of legal action must be served and addressed within the state of Florida, and within the city of Orlando.
The validity of this agreement and any of its terms and provisions, as well as the rights and duties of the parties under this agreement, shall be construed pursuant to and in accordance with the laws of the state of Florida, without reference to its conflict of laws principles. All disputes arising out of this agreement shall be subject to the exclusive jurisdiction and venue of the Florida state courts of Orange County, Florida (or, if there is exclusive federal jurisdiction, the United Stated District Court for the Orange County, Florida) and the parties consent to the personal and exclusive jurisdiction of these courts. If any provision(s) of this agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the Parties with the other provisions remaining in full force and effect. Either Party's failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right unless acknowledged and agreed to by ACS, LLC in writing.
This Agreement (a) constitutes the binding agreement between the parties; (b) represents the entire agreement between the parties and supersedes all prior agreements relating to the subject matter contained herein.
Waiver of any breach or failure to enforce any term of this agreement shall not be deemed a waiver of any breach or right to enforce which may thereafter occur. No waiver shall be valid against any party hereto unless made in writing and signed by the Party against whom enforcement of such waiver is sought and then only to the extent expressly specified therein.
CyberBounty.com reserves the right to cancel any accounts, which we consider to be inactive or driving low volumes of traffic.
CyberBounty.com is not responsible for any errors or omissions. All decisions by CyberBounty.com are to be considered final.
CyberBounty.com reserves the right to change/update this agreement at any time, informing you by email of any such changes.
CyberBounty.com reserves the right to immediately cancel your account should you violate any of the conditions within this agreement and at the discretion of CyberBounty.com, forfeit all further payments.
Once an account is closed/terminated, no further payments will be applied to the account.
CyberBounty.com is not responsible for payment in the event of a merchant being/failing unable to pay.
Affiliate must only use promotional material provided by CyberBounty.com
All payments will be made in US Dollars.
Any account cancelled/terminated by the affiliate will be subject to a $25.00 administration fee, if the account balance is less than $25.00, then the only the current balance will be charged.
Affiliates are not permitted to set up more than one account with CyberBounty.com. Affiliates violating this policy will have their account terminated immediately, without any further payment on their accounts.
Your account must be active and reach the minimum selected amount to receive payment. Active is defined as receiving clicks within the month in order to receive payment, plus the affiliate must sign into the control panel at least once per month
Should a referred account be cancelled or terminated, payment on that account may be forfeited, this is dependent upon the circumstances that cause the account to be terminated.
Referral revenue will be reported to the affiliates revenue once all revenue has been calculated and confirmed for the month in question. Referred affiliates do not have to reach a minimum level for you to be paid. Should your account not reach our minimum payout level, all reseller commissions will be forwarded to the next month.
Cyberbounty.com reserves the right to add, remove or amend any of the conditions within the reseller program. You will be notified of any changes by email.
You will indemnify and hold harmless CyberBounty.com or any of its merchants; directors, managing members, officers, agents, employees, its parent, subsidiaries, affiliates, successors and assigns. from and against any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys fees) incurred or arising from and against any action or claim brought against CyberBounty.com to the extent that it is based on (a) any breach of the representations and warranties of you the affiliate set forth in this agreement, (b) any breach of any covenant or agreement to be performed by you the affiliate hereunder or (c) any other intentional or negligent act, omission or misrepresentation by you, CyberBounty.com shall have no liability hereunder to the affiliate for any indirect, special, punitive or consequential damaged including without limitation, loss of profit or business opportunities, whether or not the party was advised of the possibility of such damages.
Neither party makes any, and each party hereby specifically disclaims any, representations or warranties, express or implied, regarding the products and services contemplated by this agreement, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of the intellectual property rights of third parties, and implied warranties arising from course of dealing or course of performance.
Nothing contained herein shall imply any partnership, joint venture or agency relationship between the parties and neither party shall have the power to obligate or bind the other in any manner whatsoever, except to the extent herein provided. Affiliates agree to operate as independent subcontractors.
If any provision of this agreement shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this agreement shall not be affected and shall remain in full force and effect.
This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument.
Any affiliate attempting to contact a CyberBounty.com merchant directly in an attempt to obtain a direct agreement will be subject to having their account terminated, forfeiting all payments on the account
All notices, requests, demands, payments and other communications which are required or may be given under this agreement shall be in writing and shall be deemed to have been duly given on receipt if delivered personally, upon receipt of a facsimile confirmation if faxed, two days after being sent by a nationally recognized overnight carrier, or three days after being mailed by certified mail, postage prepaid, return receipt requested. Notices shall be sent to the address at the to of this agreement.
This Agreement (a) constitutes the binding agreement between the parties; (b) represents the entire agreement between the parties and supersedes all prior agreements relating to the subject matter contained herein.
This Agreement shall be governed by, and construed in accordance with the laws of the Unites States of America without regard to its conflicts of laws principles.
This Agreement may be terminated by either party without cause upon at least fourteen (14) days prior written notice or email notification.
Neither party shall sell, transfer or assign this agreement or the rights or obligations hereunder, without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION CYBERBOUNTY.COM PROVIDES CYBERBOUNTY.COM ON AN "AS IS" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND CYBERBOUNTY.COM EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. No advice or information, whether oral or written, obtained by affiliate from ACS, LLC shall create any warranty not expressly made herein. Neither party makes any, and each party hereby specifically disclaims any, representations or warranties, express or implied, regarding the products and services contemplated by this agreement, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of the intellectual property rights of third parties, and implied warranties arising from course of dealing or course of performance.
IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. CYBERBOUNTY.COM AGGREGRATE LIABILTY TO MERCHANT OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE USE OR INABILITY TO USE THE CYBERBOUNTY.COM SERVICE/WEB SITE, HOWEVER CAUSED AND ARISING UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE).
Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its fault or negligence, such as acts of God, acts of civil or military authority, embargoes, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, unusually severe weather condition or strikes. The Parties shall resume performance under this Agreement once the Force Majeure condition ceases, with an option, at the mutual agreement of the Parties, to extend any affected delivery or performance date up to the length of time the Force Majeure condition endured.
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Merchant Terms & Conditions
CyberBounty.com is an Aspire Communication Services, LLC company (AKA ACS, LLC), mailing address: 7512 Dr Phillips Blvd, Suite 50-353, Orlando, FL 32819, as a merchant you must agree to the following Terms & Conditions
Minimum age:
As a Merchant you agree that you are at least 18 years of age.
Cancellation:
Either party may cancel this agreement with 3 days notice in writing via certified mail or confirmed email.
Payment Terms:
An Invoice will be emailed at the end of each month in PDF format, payable upon receipt. Late payments will bear interest as marked on the invoice at the rate of 1.5% per month. Once data has been provided to ACS, LLC by Merchant, such data is to be taken as validated by Merchant and payable in full to ACS, LLC, reported data and subsequent payments may not be reversed, unless a discrepancy appears in favor of ACS, LLC. Payments can only be accepted in U.S Dollars, checks should be made payable to either ACS,LLC or Aspire Communication Services, LLC.
Legal:
Should there be any requirement for legal action whereby ACS, LLC is the prevailing party, Merchant shall be responsible for all reasonable legal expenses and costs incurred by parties involved, and reimburse accordingly. Merchant is also responsible for any extra expenses and costs incurred in the recovery of any unpaid amounts which remain overdue as per the terms of this agreement, including but not limited to costs of debt recovery agents employed on behalf of ACS, LLC
Governing Law:
The validity of this agreement and any of its terms and provisions, as well as the rights and duties of the parties under this agreement, shall be construed pursuant to and in accordance with the laws of the state of Florida, without reference to its conflict of laws principles. All disputes arising out of this agreement shall be subject to the exclusive jurisdiction and venue of the Florida state courts of Orange County, Florida (or, if there is exclusive federal jurisdiction, the United Stated District Court for the Orange County, Florida) and the parties consent to the personal and exclusive jurisdiction of these courts. If any provision(s) of this agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the Parties with the other provisions remaining in full force and effect. Either Party's failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right unless acknowledged and agreed to by ACS, LLC in writing.
Entire Agreement:
This agreement supersedes any and all other agreements, either oral or written, between the Parties with respect to the subject matter of this agreement unless evidenced by a signed writing by both Parties such documents incorporates by reference this agreement.
Waiver:
Waiver of any breach or failure to enforce any term of this agreement shall not be deemed a waiver of any breach or right to enforce which may thereafter occur. No waiver shall be valid against any party hereto unless made in writing and signed by the Party against whom enforcement of such waiver is sought and then only to the extent expressly specified therein.
Severability:
If any one or more provisions of this agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained here in shall not in any way be affected or impaired; provided, however, that in such case the Parties will in good faith use their best efforts to achieve the purpose of the invalid provision agreeing on a substitute provision that is legally enforceable.
Service Provided:
CyberBounty.com will distribute your campaign to end users through its various payable websites via promotion through the CyberBounty.com affiliates network. CyberBounty.com will be responsible for paying affiliates utilizing funds received from the Merchant. Methods of driving traffic include but are not limited to hyperlinked banners, text links, email/ezine advertisements, popup/popunder advertisements, listing the campaign on the affiliated web sites. CyberBounty.com will report all activity back to individual affiliates based on data provided by the Merchant through reports supplied by Merchant. CyberBounty.com reserves the right to remove or suspend any campaign that it feels does not match our Terms & Conditions or privacy policy.
Placement of Advertisements
Whilst CyberBounty.com will place your offer in view of our affiliates via our payable websites, it does not guarantee that affiliates will drive traffic to your campaign, nor do we guarantee placement of the campaign throughout other areas of our site, including but not limited to the banner server; pop up server or payable websites.
Advertising Materials:
ACS, LLC reserves the right to amend/change any supplied advertising materials to provide a fit for the CyberBounty.com format.
Tracking:
Merchant is responsible for tracking and reporting back to CyberBounty.com the affiliates unique ID account numbers. Unique ID numbers will be passed through the tracking URL in the URL supplied by Merchant.
Reporting
Transaction reports are to be supplied at least every 7 days. Should the merchant fail to supply a report to CyberBounty.com 15 days after agreed reporting time, CyberBounty.com reserves the right to estimate amount owed based on CyberBounty.com click through data. Transaction reports should be provided in a TXT or XLS format, on a transaction by transaction basis, including the date of the transaction, the affiliates unique ID number, and the full value of the sale where appropriate, with headers to be supplied by CyberBounty.com. CyberBounty.com reserves the right to confirm accuracy of tracking by way of participation in the Merchants campaign, utilizing an affiliate user ID reserved for such verification tests without notification to Merchant.
Fraud:
Merchant should be aware that the very nature of the Internet allows for the potential of fraud. CyberBounty.com will work with Merchants to assist in any investigation of fraud. If a fraud cannot be clearly substantiated through data stored by CyberBounty.com all payments will be made in full for all traffic, as agreed at the appropriate amount as per the payments listed in this insertion order.
Legal:
Merchant agrees to relinquish all rights for any legal action against CyberBounty.com or any of it’s merchants; directors, managing members, officers, agents, employees, its parent, subsidiaries, affiliates, successors and assigns. Any attempts of legal action must be served and addressed within the state of Florida, and within the city of Orlando. All notices, requests, demands, payments and other communications which are required or may be given under this agreement shall be in writing and shall be deemed to have been duly given on receipt if delivered personally, upon receipt of a facsimile confirmation if faxed, two days after being sent by a nationally recognized overnight carrier, or three days after being mailed by certified mail, postage prepaid, return receipt requested. Notices shall be sent to the address supplied at the beginning of this agreement.
Removal of campaigns:
CyberBounty.com reserves the right to immediately remove a part or all of a campaign without notice if we feel that it violates any of our policies or if we feel that the campaign may be a cause of libel or any other potential legal issue against CyberBounty.com, its affiliates or merchants.
Interruption of Service:
CyberBounty.com cannot be held responsible for any server outages, connectivity problems, or any other situations that may interrupt our service in anyway.
Confidentiality:
The parties agree not to disclose the terms and conditions of this agreement, including any 'special terms' built into this IO by either party, except to such Party's legal and financial advisors on a "need-to-know basis" and in each case under an obligation of confidentiality, or as required by law (provided, however, in the event a party is required to disclose the terms and conditions of this agreement as required by law, such party gives the other party reasonable prior written notice of such disclosure). Merchant agrees to hold in strictest confidence, not to use except in connection with this agreement, and not to disclose confidential information without the prior written authorization from ACS, LLC. This section shall bind and inure to the benefit of the Parties hereto and their successors and assigns, provided that the Merchants right to receive confidential information may not be assigned without the prior consent of ACS, LLC
Indemnification:
Merchant will indemnify, defend, and hold harmless ACS, LLC, its directors, managing members, officers, agents, employees, its parent, subsidiaries, affiliates, successors and assigns from and against any and all losses, damages, suits, judgments, reasonable costs and expenses (including reasonable attorneys fees) arising out of any claim or cause of action relating to the performance or non-performance of ACS, LLC's obligations as set forth herein, including without limitation any claims or causes of action relating to ACS, LLC's marketing and promotion of the CyberBounty.com service/web site, to include marketing of the campaign: [YOUR CAMPAIGN TITLE]
Warranty Disclaimer:
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION CYBERBOUNTY.COM PROVIDES CYBERBOUNTY.COM ON AN "AS IS" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND CYBERBOUNTY.COM EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. No advice or information, whether oral or written, obtained by Merchant from ACS, LLC shall create any warranty not expressly made herein. Neither party makes any, and each party hereby specifically disclaims any, representations or warranties, express or implied, regarding the products and services contemplated by this agreement, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of the intellectual property rights of third parties, and implied warranties arising from course of dealing or course of performance.
Relationship of Parties:
The relationship of the Parties created by this agreement is that of independent contractors and not that of employer/employee, principle/agent, partnership, joint venture or representative of the other.
Limitation of Liability:
IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. CYBERBOUNTY.COM AGGREGRATE LIABILTY TO MERCHANT OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE USE OR INABILITY TO USE THE CYBERBOUNTY.COM SERVICE/WEB SITE, HOWEVER CAUSED AND ARISING UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE).
Force Majeure:
Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its fault or negligence, such as acts of God, acts of civil or military authority, embargoes, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, unusually severe weather condition or strikes. The Parties shall resume performance under this Agreement once the Force Majeure condition ceases, with an option, at the mutual agreement of the Parties, to extend any affected delivery or performance date up to the length of time the Force Majeure condition endured.
Non-circumvent
At times it may be necessary to reveal the URL/identity of a particular affiliate to the Merchant, any such information is revealed in strictest confidence, CyberBounty.com strictly forbids the solicitation of our affiliate base. As a Merchant you are not permitted to solicit any CyberBounty.com affiliates, to include utilizing any available technology to locate affiliates. Any Merchant knowingly soliciting affiliates will be cause for immediate termination of their campaign(s) at the discretion of CyberBounty.com as well as be subject to a $5,000 fee on a per affiliate solicited basis.
Campaign Termination:
To allow our affiliates reasonable time to remove any links termination of this agreement requires at least 48 hours notice. You may terminate the agreement either by emailing ACS, LLC using our contact form on our web site or by writing to us and using certified mail to: ACS, LLC, 7512 Dr Phillips Blvd, Suite 50-353, Orlando, FL 32819. ACS, LLC reserves the right to terminate this agreement immediately, without reason, the Merchant will be notified by emailing the current contact on record.
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