This is an agreement entered into by and between RubberDollars.Com (“company”) and the person submitting information on the sign-up form (“applicant”). The agreement contemplates participation in a “webmaster referral program” (“program), wherein Company offers Applicant the ability to enjoy profit sharing from referred sales of memberships to internet websites.

Acceptance of this agreement:

By filling out and submitting the sign-up form, Applicant agrees to be fully bound by all of the terms and conditions set forth in this Agreement and, additionally, the terms and conditions of the third-party billing company or companies who administer the program. Applicant shall remain a program participant until applicant terminates participation in the program by notifying Company by E-mail, or applicant's participation in the program is terminated by Company for any reason, or the program is terminated by Company for any reason. Applicant shall cease to be a participant in good standing and shall be subject to immediate termination of all benefits without prior notice if there is a failure to perform under or breach any part of this Agreement.

What rights are granted to applicant under this agreement:

Subject to the terms and conditions set forth in this Agreement, Company grants to Applicant, the following:

1) The non-exclusive right to participate in a “webmaster referral program” whereby visitors referred by Applicant to Company’s websites are tracked and memberships to Company’s websites that result within a prescribed period of time are shared with Applicant pursuant to the terms of this agreement. Company shall at all times have the right, in its sole and exclusive discretion, to modify and/or terminate the Program and any and all program benefits associated with Program at any time, and may do so with or without prior notice or cause.

2) A non-exclusive, non-transferable, and revocable license to the use of certain promotional materials created and offered by Company, for the exclusive purpose of advertising and marketing Company’s websites, in accordance with any an all terms or conditions placed upon said use, either contained within this agreement or imposed at anytime or in any manner by Company. In the event of any breach of any term or condition of this agreement, said license shall immediately terminate.  Any promotional content provided for use by Company shall only be used in a good faith, bona fide effort to promote Company's websites and any other uses of that content shall be deemed a violation of Company's intellectual property rights which company will vigorously enforce.


Applicant Warrants to Company:

In consideration of program benefits, applicant agrees and warrant as follows:

1) Applicant warranties that he/she owns and operates a lawful website(s) and that he/she has the requisite legal authority and ability to enter into this agreement and perform the obligations set forth herein. Further, Applicant warranties that he/she is over the age of eighteen (18).

2) Applicant warranties that he/she will not use the following unauthorized methods of promoting Company’s websites: Spamming (via unsolicited email, unsolicited instant messages, or other forms of intrusive unsolicited advertisement), password hacking sites, warez sites, deceptive advertising, advertising that give the false impression that Applicant owns or operates Company’s website, posting banners, content, or links on newsgroups, IRC or chatrooms, and advertising on sites containing inappropriate or illegal content, including userID/passwords, serial numbers, backdoors, warez, child pornography, obscenity, (including images of bestiality, rape, or torture, scat), stolen images, material which constitutes an infringement, misappropriation or violation of any person's rights of publicity, privacy rights (including pictures of celebrities or images modified to look like celebrities) or any person's intellectual property rights, copyright or trademark, hacks/cracks for any type of software, sites or services dedicated to the downloading or trading of unauthorized MP3 audio files, sites containing material that is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity, material not fully in compliance with 18 U.S.C. Sec. 2257, any program, file, data stream or other material which contains viruses, worms, "Trojan horses" malicious java script or any other feature, which takes control of a third parties computer or cpu without their permission. Use of any of the foregoing unauthorized methods of promotion will result in immediate termination of this agreement, forfeiture of any and all funds owed to Applicant, and a permanent ban on future participation in Company’s programs.


3) That applicant will not alter, crop, cut-out, obscure, distort, modify or change any banners, pictures, video clips or other promotional or advertising content provided to applicant by company pursuant to this agreement, in any manner, except as authorized by Company in writing. Applicant will not remove the visible URL watermark on any picture, banner, video or any other promotional materials. Applicant will not claim or attempt to assert ownership or any of the materials provided for promotional purposes and is not authorized to offer those materials for sale, transfer, or license to any third party. If applicants participation in the program is terminated for any reason or is not in good standing, changes applicants website's URL or applicant ceases to offer services on the Internet, applicant shall immediately and permanently cease all use of all materials provided by Company and that all files containing materials provided will be removed from your website. In the event of termination of this Agreement applicant will immediately cease using Company’s name, marks or website URL’s and will cease any use of any promotional materials supplied to applicant by Company.

No Agency Created:

1) No agency, employment relationship, joint or collaborative venture or partnership between Applicant and Company exists, nor is any such relationship created by this agreement. Company is not responsible for any income tax, social security, or any other withholding, deduction or benefit. Applicant is an independent entity, existing in and of itself and is responsible for his/her own income tax, social security, and/or any other income related responsibilities.


Definitions:

A "referral" from applicant which entitles applicant to a "referral fee" shall be defined as follows:

(i) A person who has been directed to a website controlled or operated by Company through the use of a banner ad or hypertext link supplied by Company as part of the Program (hereinafter referred to as "Authorized Link") that resides on applicant’s website and which automatically connects any person who clicks on said Authorized Link to a Company website; and

(ii) A person who, after having been directed to a website owned or operated by Company through the use of an Authorized Link, signs up for a membership for Company’s website.

Company shall have the right to deny or withhold payment from applicant and to terminate applicant from the program if the Company determines that applicant has directly or indirectly engaged in, or encouraged fraudulent activity.

Company shall have the right, in its sole and exclusive judgment, to determine what constitutes fraudulent activity and whether conduct, directly or indirectly constituted or encouraged fraudulent activity. The Company's determination that fraudulent activity has or is occurring shall be conclusive as to that issue.

All referral fees due and payable hereunder shall be payable in United States Dollars. The tabulation and disbursement of that payment shall be the responsibility of Company’s third party billing company. The choice of which third party billing company is used is within the sole discretion of Company. Company is not responsible and Applicant hereby indemnifies Company for any miscalculation, mistake, negligence, error or other occurrence that occurs on the third party billing company’s behalf. Additionally, Company is not responsible and Applicant hereby indemnifies Company from liability for any failure, mistake or miscalculation, whether intentional or not, occurring within the tracking mechanism used by the third party billing company to identify referrals originating from Applicant, including failures, mistakes, and/or miscalculations resulting from the use of “cookies” or other technological means.

It is Applicants sole obligation to check RubberDollars.Com to determine if there have been any changes in the Program. If Company has changed the terms of this agreement and Applicant disagrees with such than Applicant is excluded from program.

Company makes no guarantees or warranties of any kind:

Applicant acknowledges and agree that Company makes no guaranties or warranties of any kind with respect to the Program or materials provided by, through or in association with the Program, and all materials are provided to you "as is", and that use of Program and associated materials, including, without limitation is solely at your risk. Company disclaims all warranties, either express or implied including, but not limited to, express or implied warranties of merchantability and fitness for a particular purpose, with regard to the Program and any and all materials of every kind supplied to as part of this Program.

Company Limited Liability and Liquidated Damages :

Applicant acknowledges and agree that under no circumstances shall Company, its employees, independent contractors, authors, agents, representatives, assigns and successors be liable to applicant, or any other person or entity, for any direct or indirect losses, injuries or incidental or consequential damages of any kind with regard to any link to any Company website, or arising from or in connection with the use of the Program materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of Company' services, content or Program materials, including without limitation any losses due to serve problems or due to incorrect placement of HTML or other programming languages.

Notwithstanding the foregoing express limitations of liability, you acknowledge and agree that should Company, its officers, employees, successors, or assigns be held liable for damages, injuries or losses of any kind, directly or indirectly resulting from participation in the program, that the aggregate liability arising with respect to and under this Agreement and the Program for any and all claims, injuries, damages or losses will not exceed the total referral fees paid or payable to you under this Agreement.

No Representations Of Success Or Profitability

Applicant hereby confirms and acknowledges that applicant has unilaterally decided to enter an Internet service business and acknowledge that it is a high-risk business. Applicant further confirms, acknowledges and expressly agrees that neither Company, any agent or representative of Company, nor any other person has at any time in the past, represented to applicant or has otherwise directly or indirectly communicated in any manner to applicant any guarantee, reassurance or any other communication of any kind regarding the potential profitability or likelihood of success of your participation in the Program as set forth in this Agreement or otherwise; the possibility or likelihood that use of any products and/or services provided by Company pursuant to this Agreement can or will result in the recoupment of any funds expended by applicant for the promotion of applicant’s Website or any other purpose; or the existence, nonexistence, size or any other characteristics of any market for any products or services which involve applicant’s participation in the Program pursuant to this Agreement. Applicant agrees that such program is not a franchise or other business opportunity and agrees that such program does not fall within any such act or law. Specifically, these terms and conditions are not by their definition an offer or business opportunity. You further expressly agree not to raise any claim of any kind against Company and you agree to hold Company harmless from any claim of loss to you directly or indirectly resulting from your decision to participate in the Program pursuant to this Agreement.

No Monitoring Or Supervision Provided By Us

Compay shall not monitor, supervise or review, and shall not be responsible for any content appearing or otherwise distributed on, at or in association with Applicant’s Website except for that content which is supplied by Company, provided that said content supplied by Company has not be altered or modified by applicant or any other party.

Term And Termination Of Agreement

You acknowledge and agree that the term of this Agreement is at will and will begin upon Company's acceptance of Applicant’s Affiliate application and will end when terminated by either party. Either applicant or Company may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.

In the event that this Agreement or Program is terminated, applicant shall be entitled to all unpaid commissions or referral fees earned by you prior to the date and hour of termination. However, applicant shall not be entitled to receive any commissions or referral fees for any "referrals" delivered or received by Company after the date and time of termination.

Entire Agreement; Modification; Assignment

This Agreement constitutes the entire agreement between Applicant and Company with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral.

Applicant agrees that Company may at any time, in its sole and exclusive discretion, modify the type and quality of benefits provided to you under this Agreement by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO APPLICANT, APPLICANT’S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. APPLICANT’S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING COMPANY’S POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON IT’S SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Applicant acknowledges and agree that the failure of Company to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder.

Applicant agrees that all promises, obligations, duties and warranties made by applicant in this Agreement are personal to applicant and that neither they nor any benefits hereunder may be assigned by applicant to any other person or entity.

Applicant agrees that Company may at any time, and without prior notice to you, freely assign all or part of its duties, obligations and benefits hereunder.

Review By Your Attorney

Company strongly advises that applicant review this Agreement with his/her attorney before you enter into it. Applicant acknowledges and agrees that nothing herein and no statement by Company or any employee, representative, agent or other person associated with Company has in any way prevented or inhibited Applicant in any way from seeking such advice prior to entering into this Agreement. Applicant hereby acknowledges and agree that the terms of this Agreement are reasonable and fair; all terms have been fully disclosed in writing, and that applicant has been given a reasonable chance to seek advice of independent counsel with respect to this Agreement and all transactions associated herewith.