Terms and Conditions.
Introduction
The following Terms and Conditions control your membership. You agree that you have read and understand this Agreement ("Agreement") and that your membership in the Program (the "Program"), you (the "Member") shall be subject to the following Terms and Conditions. These Terms and Conditions may be modified at any time. Please review them from time to time since your ongoing use is subject to the terms and conditions as modified. Your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. If you do not agree to these Terms and Conditions, please do not register to become a member.
Terms of Participation
Member must be 18 years of age or older to participate. Members must provide us with accurate, complete and updated registration information, including an accurate name, mailing address and email address.
Members may not (i) activate or use more than one Member account; (ii) select or use a Email Address of another person; (iii) use a name subject to rights of another person without authorization from that person; (iv) use a false or misleading name, mailing address, or email address to activate or use a Member account.
By signing up for the program, Member is opting-in to receive other special offer emails from us. If you do not wish to receive these emails, you may cancel your account anytime.
Member agrees not to abuse his or her membership privileges by acting in a manner inconsistent with this Agreement. Member agrees not to attempt to earn through other than legitimate authorized channels. Member agrees not to participate in any fraudulent behavior of any kind.
We shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules. Any decision we make relating to the cancellation of membership shall be final and binding.
All payments are direct, member to member, and as such Hits Monkey cannot control them - There are no refunds. Ensure when makeing payments that you use the correct wallet address, payments sent to the wrong person are gone forever, and there is nothing we (or anyone) can do about it. It is up to each individual member to keep their wallet information correct and up to date.
In the event that a member has not updated their wallet we have implemented a very basic tracking and request system. Payments for these are sent within 2 business days of the 1st of the month. Members may request any funds with 6 or more confirmations within 6 months of issue, less any fees required. This was never intended as a service for our members - this is a member to member system - as such we make no guarantees, and all commission totals are subject to approval before sending.
Member shall comply with all laws, rules, and regulations that are applicable to Member. Member acknowledges that Member may only participate in the program if and to the extent that such participation is permitted by such laws, rules, and regulations.
We have the right, at our sole discretion to modify the system, programs, and tools used within the system at any time.
Member's Websites
1) Your page may not close (frame break) the Hits Monkey viewing frame, or otherwise impede the progress of members.
2) Your site may not contain content including, but not limited to:
-Pornography
-Warez (hacking, bootleg software, etc)
-Any Illegal activity
-Frames to load more than one site per page
-Website Rotators
-Hidden Iframes that load search sites or any other unappropriate sites.
-Anything that Hits Monkey deems not family friendly
3) The text on your site must be in ENGLISH or have an ENGLISH translation. This is not intented to discriminate against anyone, however, the staff at Hits Monkey must be able to read/understand your website.
Referral Links
Spam is strictly prohibited any member caught sending/posting unsolicited messages, including but not limited to; email, message boards, forums etc...will be suspeneded imediately.
Member may provide a link from a Referring Web Site to the Hits Monkey Web Site or any Web Site owned by Hits Monkey and earn referral fees as outlined above. Member may not display the Hits Monkey name, image, or link in any way that may defame the Hits Monkey name or brand.
Member may not link to Hits Monkey from a Referring Web Site which promotes spam as described in this Agreement, sexually explicit material, violence, illegal activities such as software piracy, or discrimination based on race, sex, religion, national origin, physical disability, sexual orientation, or age.
Specific Warnings
You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk or viruses, malicious computer code or other forms of interference which may damage your own computer system or network. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system or network which arises in connection with your use of this Site or any linked website.
While we have no reason to believe that any information contained on this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Site.
Responsibility for the content of advertisements appearing on this Site (including emails and hyperlinks to other websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertiser's products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Linked Web Sites
This site contains links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
Indemnification by You
You agree to indemnify us and hold us harmless, including our offices, directors, employees, agents, licensors, suppliers and any third party information providers to this Site, from and against all losses, expenses, damages and costs, including all legal fees and disbursements, resulting from any breach of the terms and conditions (including negligent or wrongful conduct) by you or any other person accessing this Site on your behalf.
Termination & Suspensions
Accounts of accountholders that have been suspended due to violations with site terms & conditions will remain suspended until the accountholder sends a physical letter acknowledging the violation and paying a first-time offender penalty of US $100.
Further violations of site terms & conditions will be fined with US $500 for each offense.
Server downtime/Site disruptions caused as a result of violations will be fined with US $5,000 for each started 24 hour period.
Blacklist cleanup fees of US $1,000 will be be charged for each blacklist entry as a result of violations.
Upon receipt of penalty payments and the physical letter, accounts will be unsuspended within 24-48 hours.
We have the right, at our sole discretion, to suspend, cancel or refuse application, at any time and for any or no reason, a Member's membership in and access to the Website.
If member objects to any of the Terms and Conditions of this Agreement, or any subsequent modifications to this agreement, or becomes dissatisfied with the Program, Member's only recourse is to immediately discontinue participation in the program and properly terminate his or her membership.
Disclaimers
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE PROGRAM OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PROGRAM.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE PROGRAM OWNERS, PROGRAM CREATORS, NOR ANY OF ITS MEMBERS, SUBSIDIARIES, PUBLISHERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PROGRAM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we use appropriate industry standard procedures to safeguard the confidentiality of Member's personal information, such as firewall, encryption, token authentication, application proxies, monitoring technology, and adaptive analysis of the Website's traffic to track abuse of the Program, Website and its data. However, no data transmitted over the Internet can be 100% secure. As a result, while we strive to protect its Members personal information, we cannot guarantee the security of any information that Members transmit to or from the participating advertisers/merchants and Member does so at his/her own risk.
This Agreement constitutes the entire Agreement between Member and the Program in connection with general membership in the Program and supersedes all prior agreements between the parties regarding the subject matter contained herein. We reserve the right, at any time and for any reason, to change edit or modify the Programs contained herein.
If any provision of this AGREEMENT is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this AGREEMENT will remain in force. No failure of either party to exercise or enforce any of its rights under this AGREEMENT will act as a waiver of such rights.