LOADEDCASH TERMS AND CONDITIONS:


  • These Terms and Conditions ("Agreement", "Terms") are an agreement between LoadedCash ("we", "us", "our", "LoadedCash") and the owner/operator of an internet site ("you", "your", "Website Operator") submitting an online application to participate in the LoadedCash program (the "Program"), and governs your participation in the Program.
  • Our Program offers an opportunity for a Website Operator operating Internet domains or portions of Internet domains and/or other promotional methods (collectively, "Marketing Method(s)") to drive a person or entity that is not the Website Operator ("Visitors") through an internet connection ("Link") to content from our promoted internet sites via the Program ("Promoted Sites") (listed here) to earn financial compensation ("Commissions") for certain actions of Visitors as specified in paragraph 1.4 below (collectively, "Transactions").
  • These Terms and our Privacy Policy set forth the entire agreement between both parties and supersede prior proposals, agreements and representations, written or oral, between the parties with respect to the subject matter contained herein.
  • We reserve the right to alter or modify these Terms, the Program or any provision, including commission rates, associated with the Program at any time. It is your responsibility to refer to these Terms from time to time so that you may be informed of any such changes.
  • Upon your acceptance of and compliance with these Terms (signified by clicking submit on our application page), and pending our review of your application, you will be able to fully participate in the Program.

1. SIGN-UP, COMMISSIONS, PAYMENT

  • 1.1

    The method by which Visitors shall be directed to our Promoted Sites is known as an Internet "hypertext transfer" link. We create the Link used in your Marketing Method(s) and maintain control over how it is used. Information in this Link will be used to associate Visitor activity on our Promoted Sites to your account.
  • 1.2

    Upon submitting your application, you will receive an e-mail confirmation of your registration. This communication will include the URL to which the banner(s) will link. You must use the URL provided to you in order to receive credit to your account. "Blind links" or any other falsification of banner hits shall be cause for denial of payment and immediate termination of these Terms, and may result in legal action. We may reject your application if we determine, in our sole discretion, that your Marketing Method(s) are unsuitable for the Program.
  • Unsuitable Marketing Method(s) include, but are not limited to, those that contain, allude to, insinuate, or include links to or metatags referring to, materials that:
  • i) LoadedCash, in its sole discretion, considers to promote violence, terrorism or terrorist-related activities, sedition or similar activities;
  • ii) LoadedCash, in its sole discretion, considers to promote illegal activities;
  • iii) is not fully in compliance with 18 U.S.C. § 2257 and its associated regulations;
  • iv) violates intellectual property rights by using copyright or trademarked material without the copyright or trademark owner's express permission;
  • v) violates intellectual property rights through variations or misspellings of domain names;
  • vi) LoadedCash, in its sole discretion, considers obscene including, without limitation, materials depicting bestiality, rape, torture, degradation or feces;
  • vii) constitutes child pornography, or purports or insinuates that the persons involved in any type of suggestive or sexual situation are under the age of 18;
  • viii) LoadedCash, in its sole discretion, determines to be threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any party;
  • ix) LoadedCash, in its sole discretion, considers to be involved in, promoting, or advocating password trading, hacking or unauthorized file sharing;
  • x) include any program, file, data stream or other material containing worms, viruses or any other type of malicious or destructive code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • xi) promote LoadedCash sites using any type of bulk electronic communication (including, for example but without limitation, e-mail, instant messaging, messages sent via a social networking service), even if such communications are in compliance with bulk communications laws in your jurisdiction.
  • xii) Promote LoadedCash sites using blind registrations or by auto submitting registrations to multiple competitors simultaneously or over time or any combination of blind or mass registration submission. Submitting these types of registrations either directly to a LoadedCash site registration form or using a LoadedCash site API is strictly prohibited.
  • You should also note that if we accept your application and your Marketing Method(s) are thereafter determined to be unsuitable for the Program, we reserve the right to terminate this Agreement.
  • 1.3

    Upon registration you will be asked to enter a user name and password. Please remember it, as you will need it in order to access your account statistics.
  • 1.4

    LoadedCash offers the following Commission options for Transactions:
  • i) Pay Per Sign-Up: up to $65 for initial paying sign-up. Website Operators are paid for every premium membership sold with their traffic. A premium membership is counted as a sale made via the upgrade account or sales page on a LoadedCash promoted site. Base pay rate is $35 per premium membership, custom deals based on volume and traffic quality can be negotiated up to $65 per premium membership.
  • ii) Pay Per Click: up to $1.50 per unique Visitor. Website Operators are paid up to $1.50 for every unique Visitor resulting from their traffic.
  • A unique Visitor is counted as a single individual IP that logs any activity on a LoadedCash promoted site within a 12-hour period. The unique IP address must track back to a country from which we can successfully bill an individual for a premium membership. Pay Per Click campaign statistics are calculated based on our standard pay period (as specified in paragraph 1.6 below). Traffic sent from all of a Webmaster's Pay Per Click campaigns are added together to calculate the final payout.
  • The affiliate must meet a 2.5% free membership to premium membership ratio overall (1 premium membership per 40 free memberships) for all combined Pay Per Click campaigns during a pay period to be eligible for this commission option. Pay Per Click campaigns associated with accounts that do not reach this 2.5% threshold are paid under the Pay Per Sign-Up commission option. The chart below is used to calculate payouts if the affiliate meets the minimum required 2.5% ratio.
  • The amount paid per unique visitor is based on the ratio of uniques to the number of free signups, as shown in the chart below:
  • Uniques:Free < 2:1 < 3:1 < 4:1 < 5:1 < 6:1 < 7:1 < 8:1 < 10:1 < 12:1 < 15:1 < 18:1 < 20:1 < 30:1 < 50:1 < 100:1
    $ Amount per Unique $1.50 $0.90 $0.60 $0.46 $0.38 $0.32 $0.26 $0.21 $0.17 $0.14 $0.11 $0.09 $0.07 $0.04 $0.02
  • (note - As of 01/20/2011, new pay per click campaigns are no longer an available program option for affiliates. Existing PPC campaigns will continue to be supported.)
  • iii) Revenue Share: 60% share of revenue on all initial and recurring charges. Website Operators are paid 60% of income after accounting for charge-backs, returns and processing fees that result from your traffic.
  • iv) Flat Rate Pay Per Lead: offers up to $6.00 per lead that qualifies for the demographic and location defined in each offer up to any cap defined for the offer. An offer consists of specific banners, landing pages, demographic information, location information, if the lead definition is considered .single opt. (whereby the referred visitor completes a form) or .double opt. whereby a user verifies their email address through a confirmation email process) all tied to a defined dollar amount per defined lead within the cap amount. If an affiliate sends traffic after reaching the offer cap, any demographic and location qualifying traffic will be redirected to the LoadedCash.com Pay Per Signup program. Any traffic that does not meet the defined demographic, location, or does not use the specific banners and landing pages associated with the offer will be considered forfeit. If an affiliate cannot reasonably target their traffic and would like assistance, LoadedCash.com will be more than happy to help. Simply contact an Affiliate Rep for instructions. The Flat Rate Pay Per Lead program is only offered to qualified affiliates who, at our sole discretion, meet our quality assessment criteria. Only approved affiliates will be able to promote our Flat Rate Pay Per Lead offers. If at any time, for any reason, we deem an affiliate to be unfit for Flat Rate Pay Per Lead promotion, that approval can and will be removed.
  • For any and all leads that we, in our sole discretion, deem as fraudulent, we reserve the right to reverse commission for those leads both within the current and previous pay period at time of fraud identification. We further reserve the right to remove any affiliate / sub-affiliate / sub-id / from the Flat Rate Pay Per Lead program if we deem them to be fraudulent.
  • v) Ratio Pay Per Lead: up to $6.00 per verified free member: Website Operators earn up to $6.00 for every free verified member resulting from their traffic. A free verified member is counted as a unique completion of the free registration process, and email verification, for a LoadedCash promoted site. A completion is counted as unique when it is made by a unique Visitor. A unique Visitor is counted as a single individual IP that logs any activity on a LoadedCash promoted site within a 12-hour period. The unique IP address must track back to a country from which we can successfully bill an individual for a premium membership. Members are counted as verified when they click on the verification link within our welcome email sent upon completion of the free registration process. Ratio Pay Per Lead campaign statistics are calculated based on our standard pay period (as specified in paragraph 1.6 below). Traffic sent from all of a Webmaster's Ratio Pay Per Lead campaigns are added together to calculate the final payout. The affiliate must meet a 3.33% free verified membership to premium membership ratio overall (1 premium membership per 30 free verified memberships) for all combined Ratio Pay Per Lead campaigns during a pay period to be eligible for this commission option. Ratio Pay Per Lead campaigns associated with accounts that do not reach this 3.33% threshold are paid under the Pay Per Sign-Up commission option. The Ratio Pay Per Lead program is only offered to qualified affiliates who, at our sole discretion, meet our quality assessment criteria. Only approved affiliates will be able to promote our Ratio Pay Per Lead offers. If at any time, for any reason, we deem an affiliate to be unfit for Ratio Pay Per Lead promotion, that approval can and will be removed. Commissions will be adjusted at the end of each pay period to reflect the true commission earned based on the affiilate's ratio during the period.
  • Verified Lead:Paid >=10:1 >=15:1 >=20:1 >=30:1 <30:1
    $ Amount per Lead $6.00 $4.00 $3.00 $2.00 Paid Per Signup
  • 1.5

    We offer Website Operators the opportunity to earn Commissions from the premium and recurring membership sales of referred affiliates. We will credit the parent affiliate with a Commission of up to 10% of the subsidiary affiliate's payout. The referral Commission shall only be valid for affiliates that send 2 or more registrations to one of our Promoted Sites through a valid Link within 90 days of registering the referred affiliate account.
  • Website Operators are prohibited from referring their own accounts or sales. Such self-referrals will be considered a material breach of this Agreement and will result in the termination of all accounts associated with such Website Operator.
  • 1.6

    Commissions will be paid out on the 1st and the 16th of the month. Except as specified below, Commissions will be paid one pay period after the completion of the pay period (for example, the earnings from sales made in the pay period of the 1st through the 15th of the month will be paid on the 1st of the following month). All Commissions will be calculated per site per pay period. Payments may be made by Check, Paxum, Payoneer or Wire transfer in U.S. dollars.
  • Payment will only be sent if the amount due to the Website Operator reaches a minimum of one hundred dollars ($100.00) for a Check, Paxum or Payoneer payout and five hundred dollars ($500.00) for a wire transfer. Payments will be deferred until accrued commissions meet these specified minimum amounts. If the 1st or 16th of a month fall on a weekend or holiday, Commissions will be paid on the next regular business day.
  • It is the responsibility of the Website Operator to provide accurate payment information. If LoadedCash attempts to send payment to an account that has incomplete or inaccurate details and the funds are returned, the payment will be held until the next payment cycle and until the Website Operator has corrected his/her information. The associated fees with payment reversal and repayment will be deducted from the affiliat's future payments.
  • Wire transfers may take five (5) full business days to be credited to your account.
  • All payment information changes made by the Website Operator during a period of five full business days prior to the aforementioned Commission payment dates (the Payment Lock Down Period), extending until 1200 (noon) EST on the day Commission payments will not take effect until the next pay period.
  • 1.7

    Note that a Commission will be paid only if the Visitor to one of our Promoted Sites can be tracked by our Program from the time of the Link to the time of the Transaction. As an example, you will receive no Commission if a Visitor arrives at one of our Promoted Sites via your Marketing Method(s) without subscribing to any services, navigates away from one of our Promoted Sites, and later returns to one of our Promoted Sites, by means other than from your Marketing Method(s), and subscribes for a premium membership.
  • 1.8

    No Commission will be paid if the Visitor's premium membership subscription at our Promoted Sites cannot be tracked directly to your Marketing Method(s) by the Program or if full payment for services is not made to us by the Visitor, including, but not limited to, instances of credit card charge-backs, cancellations and other refunds. No Commission will be paid to you for subscribers who are below the age of majority in their respective jurisdiction, or who reside in a jurisdiction that otherwise prohibits such person's use of or subscription to our Promoted Sites or the services offered thereon.
  • 1.9

    We reserve the right to withhold payment for any campaign for which the number of charge-backs exceeds 1% of the number of sign-ups, or the combined number of charge-backs and refunds exceeds 8% of the number of sign-ups. A refund is defined as a cancellation that results in a partial or full return of the customer's payment at sign-up. A charge-back is defined as a refund initiated by a customer through his/her bank or credit card company. Furthermore the operator may decide to deduct charge backs and cancelled premium memberships from an affiliate account at their discretion if the rate has exceeded 8%.
  • 1.10

    Website Operators are not entitled to a Commission for any Visitor sent or referred to our Promoted Sites in violation of these Terms.
  • No Commission will be paid for sign-ups by you or anyone within your organization, or for subscribers who we determine, in our sole discretion, were referred by you in violation of this Agreement or otherwise through actual or possible fraudulent activity. Fraudulent activities include, but are not limited to, the following:
  • i) visitors using or attempting to use a credit card number listed in a "negative database";
  • ii) the use of blind links to generate hits;
  • iii) the use of metatag refreshers to generate hits;
  • iv) the use of java scripts, applets and other programmatic means to generate hits;
  • v) the use of any type of password site to direct traffic to our Promoted Sites;
  • vi) giving undue prominence to the promotion of free or trial sign-ups in your campaign;
  • vii) multiple subscriptions from a single Internet Protocol (IP) address in a single pay period;
  • viii) sequential or multiple subscriptions using a single credit card number;
  • ix) patterns of numerous subscriptions from a single website in a short period of time where such website historically has had lower sales;
  • x) sequential or multiple attempts to subscribe using the same credit card "bin number" followed by sequential or multiple number strings used to complete the credit card number; and
  • xi) subscriptions made using an IP address that matches the IP address used by the Website Operator in establishing an account in the Program.
  • LoadedCash reserves the right to terminate this Agreement with any Website Operator if we, in our sole discretion, determine the Website Operator is involved in any type of fraudulent activity.
  • 1.11

    Website Operator understands and agrees that LoadedCash must receive notice within ninety (90) days from the issuance of any Commission of any dispute or question that the Website Operator may have regarding the amount of such Commission or all of Website Operator's rights with respect to such dispute shall be deemed permanently waived by Website Operator. In the event that LoadedCash believes that any Commission was paid in excess of the amount due to Website Operator, LoadedCash shall give notice of overpayment to Website Operator within ninety (90) days of such overpayment.
  • Website Operators can check their account statistics by accessing the statistics webpage (listed at http://www.loadedcash.com/?c=members). Access to this webpage will be provided upon acceptance of this Agreement.
  • 1.12

    Website Operator agrees that some, or even most, of the activities on our Promoted Sites will not be considered Transactions if the LoadedCash exit console has been selected by or is available to the Visitor; therefore, the Website Operator will not receive any Commission for such exit console sales.

2. KEYWORD BIDDING ON BRAND NAMES WITHIN ANY SEARCH ENGINE OR CONTENT NETWORK


  • 2.1

    When bidding on a brand name within any search engine or content network, you must land visitors on your own domain. You may not directly link to our landing pages.
  • 2.2

    Website Operators may not use our brand name within text ad copy.
  • 2.3

    A brand name can and does include Promoted Site Names and URLs.

3. GRANTS


  • 3.1

    We grant Website Operators the non-exclusive, non-transferable license, during the term of this Agreement, to direct Visitors through their Marketing Method(s) to our Promoted Sites.
  • 3.2

    We grant Website Operators a limited, non-exclusive, non-transferable license, during the term of this Agreement, to use certain specified graphics, including banners, hyperlinks and other intellectual property rights (collectively, "Marks"), owned by us or licensed to us for the sole purpose of marketing, advertising and promoting our Promoted Sites.The Website Operator may not alter or modify any Marks in any way without prior written permission from LoadedCash. Any unauthorized changes to any Marks will be a material breach of this Agreement, and will also constitute an infringement of LoadedCash's intellectual property rights.
  • LoadedCash owns and retains all rights, titles and interests in its Marks. Upon termination of the Website Operator's participation in the Program or upon the termination of this Agreement, this license shall automatically and immediately cease, and the Website Operator will immediately cease using all Marks.
  • 3.3

    The rights granted herein shall be for reasonable, appropriate and lawful uses only. We neither encourage nor condone the misappropriation of celebrity names or images or any trade or service marks for commercial purposes, and we shall not be responsible for such conduct by the Website Operator.
  • Any Website Operator found to be infringing upon the intellectual rights of another person or entity will be dropped without payment from the Program.
  • LoadedCash intends to fully comply with the Digital Millennium Copyright Act ("DMCA"), including the notice and "take down" provisions as applicable, and to benefit from the safe harbors immunizing us from liability to the fullest extent provided by law. In accordance with DMCA, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, Website Operators who are deemed to be repeat copyright infringers. We may also in our sole discretion terminate this Agreement with any Website Operator who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.

4. WEBSITE OPERATOR WARRANTIES, RESPONSIBILITIES, DUTIES


  • 4.1

    You, as Website Operator, warrant and represent that you have the requisite power and authority to enter into this Agreement and perform the obligations set forth herein, and that you have reached the age of majority (18 years old, or older depending on your jurisdiction). You further represent that performance under this Agreement does not and will not constitute a breach of any existing contract or obligation undertaken by you, and that there are no outstanding orders, judgments, decrees, rules or regulations that would preclude you from entering into this Agreement. You shall indemnify us and our shareholders, directors, officers, employees, successors and assigns against any loss, damage or liability (including reasonable attorneys' fees) that result from the use of any material not expressly authorized by this Agreement.
  • 4.2

    You warrant and represent that all contact and other information you supply us is accurate and up-to-date. You additionally warrant and represent you will keep all contact and other information up-to-date. Failure to provide accurate information, or to update such information, could result in the Website Operator's Commission payments being held pending investigation, or in the Website Operator being dropped without payment from the Program.
  • 4.3

    You, as Website Operator, will use and promote only our approved Promoted Sites using only our Marks and other authorized promotional materials.
  • 4.4

    Your account will be immediately terminated and appropriate legal actions will be taken if you knowingly solicit business from minors, or if you disseminate, broadcast, transmit or distribute Marks and other promotional materials to anyone other than consenting adults that have reached the age of majority in their respective jurisdiction.
  • 4.5

    We specifically forbid the use of any material used to attract traffic through the Program that infringes upon the intellectual rights, copyrights or trademarks of another person or entity. The use of such material will result in the Website Operator being dropped without payment from the Program. Further, we reserve the right to fully investigate, either independently or in co-operation with any third party, any violation of this section of these Terms.
  • 4.6

    We specifically forbid e-mail marketing that is not compliant with federal, state, or other jurisdictional laws (ie: the US CAN-SPAM Act of 2003 ("CAN-SPAM Act") and the FTC's associated Final Rule regarding adult labeling ("Adult Labeling Rule")). Any such promotional activity will result in the Website Operator being dropped without payment from the Program. Further, we reserve the right to fully investigate, either independently or in co-operation with any third party, any violation of this section of these Terms.
  • Notices to LoadedCash regarding violations of this policy may be given by electronic message here Contact.
  • 4.7

    We specifically forbid the practice of advertising via unsolicited instant messages ("spimming") or via unsolicited or bulk postings to bulletin boards or other public forums. Any such promotional activity will result in the Website Operator being dropped without payment from the Program. Further, we reserve the right to fully investigate, either independently or in co-operation with any third party, any violation of this section of these Terms.
  • 4.8

    Under this Agreement the Website Operator is required to comply with the standards and policies of service providers whose users you target or otherwise reach. Many service providers, such as America Online, Inc. ("AOL"), have their own standards and policies when it comes to mass electronic communications to their members. Any Website Operator found to be violating any applicable service provider's standards or terms will be dropped without payment from the Program. Further, we reserve the right to fully investigate, either independently or in co-operation with any third party, any violation of this section of these Terms.
  • AOL's policy can be reviewed at the following link.
  • 4.9

    You are responsible for ensuring that any of your marketing campaigns take into account that state online registers have been created to protect minors from receiving communications which contain or advertise material, products or services that a minor is prohibited by law from purchasing, viewing, possessing, participating in or otherwise receiving. Any Website Operator found to have disregarded any state online register will be dropped without payment from the Program. Further, we reserve the right to fully investigate, either independently or in co-operation with any third party, any violation of this section of these Terms.
  • LoadedCash is aware of two states, Utah and Michigan, which currently have online registers to protect children. Click on the following links to review:
  • LoadedCash does not represent or guarantee the above list is all-inclusive and recommends that the Website Operator independently research and investigate the possibility of other state or federal legislation mandating compliance with online registers or regulating the adult entertainment industry before initiating any marketing campaign.

5. LOADEDCASH WARRANTIES, RESPONSIBILITIES, DUTIES


  • 5.1

    We make no warranties, either express or implied, with regard to the performance of the Link or the content of our Promoted Sites, and we expressly disclaim any warranties, including that of merchantability or fitness for a particular purpose.
  • 5.2

    Nothing in this Agreement shall be construed to create a partnership, agency or employment relationship between LoadedCash (and its subsidiaries, affiliates, successors or assigns) and the Website Operator. No term contained in this Agreement constitutes or creates a partnership, agency or employment relationship between LoadedCash (and its subsidiaries, affiliates, successors or assigns) and the Website Operator.
  • 5.3

    The Website Operator is fully responsible for the content and maintenance of its Marketing Method(s) including the correct integration of any Marks or other promotional materials supplied by LoadedCash for the Marketing Method(s).
  • 5.4

    We make no guarantee of any kind with respect to the Program or the Marks or other promotional materials associated with the Program, as the Programs and Marks are provided "as-is" and are used at the sole risk of the Website Operator.
  • 5.5

    We make no guarantees to the Website Operator of any level of success or profitability stemming from participation in the Program. Website Operator agrees to bear all costs, risks of loss and expenses for participating in the Program.
  • 5.6

    Neither party shall be considered in breach of this Agreement or liable for any loss or delay due to problems caused by Acts of God, fire, natural disaster, labor stoppage or strike, computer or server failure, government action, terrorist attack or declaration or act of war outside of the control of the parties and which could not have been avoided with due care.
  • 5.7

    LoadedCash, its subsidiaries, affiliates, directors, officers, employees, independent contractors, agents, representatives, successors and assigns shall not be liable to Website Operator, or any other person or entity, for any direct or indirect losses, injuries, or incidental, consequential or other damages (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) arising from or in connection with this Agreement or the use of the Program or any related materials, or due to any mistakes, omissions, delays, errors or interruptions in the Program, including, without limitation, any losses due to server problems or incorrect placement of HTML.
  • 5.8

    Website Operator shall indemnify and hold LoadedCash, its subsidiaries, affiliates, directors, officers, employees, independent contractors, agents, representatives, assigns and successors harmless from any breach of this Agreement by Website Operator, including any use of the Program or any related materials, other than as expressly authorized in this Agreement. Website Operator agrees that the above mentioned parties shall have no liability in connection with any such breach or unauthorized use, and Website Operator agrees to indemnify them for any resulting losses, damages, judgments, awards, costs, expenses and attorneys' fees. Website Operator shall also indemnify and hold the aforementioned parties harmless from and against any and all claims brought by third parties arising out of Website Operator's use of the information accessed from our Promoted Sites.

6. PRIVACY POLICY


  • LoadedCash respects your privacy and has developed a detailed Privacy Policy. Please take the time to read our Privacy Policy, which is incorporated by its reference into these Terms.

7. TERM AND TERMINATION


  • 7.1

    This Agreement shall be in full force and effect upon LoadedCash accepting the Website Operator's application for use of the Program, and will continue to be in force until terminated by either of the parties in accordance with the following termination provisions.
  • 7.2

    Website Operator may terminate this Agreement by e-mail notification to LoadedCash. The message must clearly indicate Website Operator's intent to terminate this Agreement.
  • 7.3

    This Agreement shall terminate immediately upon the dissolution or insolvency of either party.
  • 7.4

    We reserve the right to terminate Website Operator from the Program without advance notification for any reason. Delivery of notice via e-mail to your registered e-mail address shall be considered sufficient notice. In such a case you will be immediately notified by e-mail and will be paid for all traffic accumulated up to that pay period, except in cases where it is determined that you have violated this Agreement.
  • The date such e-mail notification is received by LoadedCash's mail server(s) or is sent by LoadedCash to your registered e-mail address, as appropriate, will be considered the Termination Date ("Termination Date").
  • Any payments due shall be paid to you by LoadedCash within one hundred and eighty (180) days of the Termination Date. This amount will include Commissions for any recurring memberships that rebill within one hundred and eighty (180) days of the Termination Date. This amount will be reduced to cover any charge-backs, refunds or processing fees incurred during the intervening 180-day period.
  • 7.5

    Upon termination of this Agreement by either party for any reason, you shall immediately cease using our Promoted Sites, Marks and any other promotional material associated with the Program.
  • 7.6

    Any warranties, indemnifications and obligations which by their nature are designed to survive termination shall extend beyond the termination of this Agreement.

8. GOVERNING LAW AND SEVERABILITY


  • Except as otherwise expressly stated in these Terms, all matters relating to your access to, or use of, the Program shall be governed by the laws of Ireland without regard to its conflict of laws, provisions and any disputes arising out of these Terms will be subject to the courts of Ireland. If any provision of these Terms is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

9. NON-TRANSFERABILITY


  • You shall not, under any circumstances, have the right to transfer or assign your license to use the Program or Marks or any other promotional materials you receive from LoadedCash in connection with your use of the Program. You acknowledge that any attempted transfer or assignment of any such rights shall be null and void.

10. NOTICE


  • 10.2

    LoadedCash will not respond to or discuss questions or complaints raised or posted on any third party site, discussion group or other forum, unless the complainant has previously contacted LoadedCash directly regarding the issue.

11. UNITED STATES EXPORT CONTROLS


  • Software from our Promoted Sites is subject to United States export controls. No software from our Promoted Sites may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Program, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

12. LANGUAGE


  • The parties have agreed that this Agreement shall be written in English. In cases where terms in any translation of this Agreement do not agree with the English version, terms set out in the English version will supersede any other version.

13. REVIEW AND AFFIRMATION OF THESE TERMS


  • 13.1

    We advise you to review these Terms with legal counsel before entering into it. You affirm that no statement made by LoadedCash, or by its employees, representatives or agents, or by other person associated with us, either in this Agreement or by any other means, has in any way prevented or inhibited you in any way from seeking such advice prior to entering into this Agreement. You hereby acknowledge and agree that these Terms are reasonable and fair, that these Terms have been fully disclosed in writing, and that you have been given a reasonable opportunity to seek advice of independent counsel with respect to this Agreement and all Transactions associated herewith.
  • 13.2

    By completing and submitting the online application, you are agreeing to be bound by these Terms. The date of execution shall be the date the online application is submitted to us.
  • THIS IS A LEGAL AGREEMENT BETWEEN YOU AND LOADEDCASH. BY SIGNING UP FOR THE PROGRAM, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS.
  • Version [Dec.09.2013]