Cupid Gold Fish - Terms and Conditions

TERMS AND CONDITIONS

This agreement describes the entire terms and conditions for participation in the CupidGoldFish.com (CGF) Affiliates Program. CGF is operated by CupidFish Company. In this agreement, CupidFish Company

In this agreement, the term "Affiliate" refers to you (the applicant), and "sponsoring Web site" refers to the Web site from which you will link to CGF. Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refer to CGF.

You guarantee that

You are 18 years of age or over the age of majority in your jurisdiction and will submit proof of your age if requested.
You are entering this Independent Reseller Agreement as an Independent Contractor.
You are solely responsible for selecting and providing any and all content, material, products, and/or services for your marketing efforts to promote the sites of CGF.
The content, images, design, URL/Domain, text and domains on your promotion pages do not infringe on the rights of others including, but not limited to, copyrights, patents, trademarks, domain names and any other intellectual property rights of others.
You are not using, supplying, publishing or transferring, in any way, programs, files, data, viruses, worms, e-mail acquisition programs, "Trojan" viruses or any other monitoring or destruction program on the pages you use to promote any of CGF 's sites or partner site or directly to members of any of those sites.

You Agree to

CGF Referral Fee Percentage

Depending on the Site you are promoting and the commission rate you are receiving may vary depending on the program you select. The Rev Share program: Allows you to earn up to 50% commission of gross revenue as a referral fee from new subscriptions sold on your Affiliates Personals Pages. Gross revenue only includes cash collected via renewing credit card or electronic check and does not include sales tax charges. The Pay per Signup program: Pays you up to $10 for every membership purchased on the site.

These programs may change at any time and without prior notice.

Referral program

Depending on the Site you are promoting you will earn 5% of referral revenue we pay to affiliates you refer to the CGF from subscriptions sold. Note: Affiliates should continuously maintain subscription referral fees higher than affiliate referral fees in order to receive payments and a min of $100 is required in order for a payment to be issued. The commission might change at any time and without prior notice.

Fee Payment

CGF will send out payments, by Check, Wire, PayPal or direct deposit on a bi-weekly basis. Only payments with a value higher than the minimum amount will be sent. If the payment amount is less than the set minimum, the payment will carry over to the next pay period until it passes the minimum amount ($100 for check, $200 direct deposit, or $300 for wire). Depending on the method of payment, applicable fees will be deducted from the total amount prior to the transfer. All accounts should surpass the minimum payment amount as well as have at least one (1) paid signup per week in order for their payment to be issued.

Refunds and Chargeback

Chargeback is defined as a return of payment after the customer disputes the transaction. A refund occurs when members cancel their memberships and receive a credit afterwards. If a subscription is later refunded to the customer or charged back by the customer, the referral fee will be deducted from the next weekly payment sent to the Affiliate. If there is no next weekly payment, the Affiliate will be billed. A breakdown of the transaction is found in the stats page. CGF will not pay any affiliate who has a chargeback and/or refund percentage of greater than 1%. If a Customer disputes or rejects a purchased Membership that we have already paid you Commission Fees based on the sale of that Membership ("Disputed Commission"), CGF will deduct the amount of the Disputed Commission from your account. The amount is equivalent to $50 depending on the program being promoted.

Subscription Payment Processing

Authorize.net (Bank) and Paypal will be solely responsible for processing every subscription order placed by a customer on the Affiliates Pages. Payment processing, renewal payment processing, cancellations and refund processing, and related customer service are the responsibility of Authorize.net. CGF reserves the right to reject any subscription order that does not comply with our rules, operating procedures and policies.

Using our Links

As an affiliate site, you have access to banner advertisements, button links, text links and several other promotional tools such as newsletter and articles to our sites. These promotional tools carry our name or that of our partners so the use of each has to abide by this agreement. As an Affiliate Sites, you shall display Links throughout your site as you see fit. You may not alter, modify or expand the Links in any way; provided, a Link may be modified and/or expanded with our written consent. Each Link connecting users of your site to our site may not alter the look, feel or functionality of our site. We may monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement. We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. However, we reserve the right to approve and to prohibit all Links.

Tracking of Subscription Sales

CGF & Authorize.net will be solely responsible for tracking subscription sales. Statements of subscription sales activity will be provided to the Affiliate. To protect CGF customer privacy, the names or other personal information about specific customers will never be provided to the Affiliate.

Prices and availability

The price charged for subscriptions sold under this program will be determined by CGF according to our own pricing policies. Prices may vary from time to time. CGF policies will always determine the price paid by the customer.

Sites that do NOT qualify for the Affiliates Program include

Sites that promote violence, illegal activities, and or not hunting, fishing, shooting, or outdoor related.

Restrictions on personal use

This program is intended for commercial use only that is paying referral fees for subscriptions sold to third parties coming from a link from your sponsoring web site to the Affiliate Pages.

Web Site service interruption

CGF will make every effort to keep its web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Affiliate agrees not to hold CGF liable for any of the consequences of such interruptions.

Term of the Agreement

The Affiliate may receive payments on orders that are placed during the term of this agreement. This term will begin on the date of signup, and shall end when canceled by either party as provided below.

E-mail advertisement

E-mail campaigns are only permitted with our written approval. All mailing lists have to be double opt-in lists. All mailings should be approved by us prior to the mailing and every e-mail has to have enough explanation on how to opt out of the mailing.

The agreement may be modified

CGF reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our web site. Without limiting the generality of the foregoing, referral fee schedules and all other provisions of this agreement are subject to change without notice other than posting such information on our web site.

Cancellation of this agreement

Either CGF or the Affiliate, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.

Warranty Disclaimer

CGF makes no warranties, representations or conditions in regards to the program or, as expressly set forth in CGF current sales policies, any subscriptions sold there under, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.

Limitation of Damages

CGF shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if CGF has been advised of the possibility of such damages. Further, CGF aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by CGF to Affiliate under this agreement.

Miscellaneous

Affiliate and CGF are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Affiliate shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of CGF. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.

Terms of Service II

Blog Hosting and Terms

By contributing or using the blog, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Service"). If you do not agree to these Terms of Service please do not use or contribute to this blog.

We reserve the right, at our discretion, to update or revise these Terms of Service. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Service constitutes acceptance of those changes. CGF reserves the right, in its sole discretion, to terminate your access to all or part of this blog, with or without notice.

Ownership and Rights

The blog is managed by CGF and may contain documents, files, articles, photos, icons, graphic, logos, and other copyrighted materials owned by us or our content providers. You must contact the copyright owner for permission to use third party materials.

If you believe that your work has been copied and is accessible on this blog in a way that constitutes copyright infringement, you may notify CupidFish.com Company at its office at the following address:

CupidFish Company

605 Appian Way

Reno Nevada 89510

Please include your Digital Millennium Copyright Act (DMCA) REPORT

The following Ownership and copyright information applies only to materials we own.
Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of CGF. As such, you are authorized to view, copy, download, and print on a single computer for personal, non-commercial use, provided that (1) you do keep all copyright and proprietary notices intact; (2) the documents may be used solely for personal, noncommercial, and informational purposes, they may not be posted or distributed, (3) the documents may not be modified, and (4) all copyright and other proprietary notices must be retained in the document.

Disclaimer of Warranties

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. INTERNATIONAL RELATIONS, ITS RELATED CORPORATIONS, SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS BLOG WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS BLOG IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CUPIDGOLDFISH OR CUPIDFISH COMPANY, ITS AFFILIATED COMPANIES, SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS BLOG. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF INTERNATIONAL RELATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, INTERNATIONAL RELATIONS'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

Upon a request by CupidGoldFish or CupidFish Company, you agree to defend, indemnify, and hold harmless CupidGoldFish or CupidFish Company and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this site. CupidGoldFish or CupidFish Company the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CupidGoldFish or CupidFish Company in asserting any available defenses.

Choice of Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Nevada, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of this site shall be filed only in the state or federal courts located in the State of Nevada, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and CupidGoldFish or CupidFish Company with respect to this blog and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and CupidGoldFish or CupidFish Company with respect to this blog. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

User Policies

CupidGoldFish or CupidFish Company strongly believes in the freedom of expression as long as legal or morally accepted standards of expression are not violated. In this blog and through the blog that CupidGoldFish or CupidFish Company operates, we offer several services and products that may expand your communication with the general public.

We trust that you will use these facilities to promote the flowing exchange of information and exercise your freedom of expression in accordance with CupidGoldFish or CupidFish Company Terms of Service Policy. User violation of this Policy may result among other things in the suspension or cancellation of the user's access to CupidGoldFish or CupidFish Company services. CupidGoldFish or CupidFish Company reserves the right to remove any materials it becomes aware of that are, in our sole discretion, potentially illegal, could subject CupidGoldFish or CupidFish Company to liability, violate this Terms of Service Policy ("Policy") or otherwise inappropriate.

Limited License

By posting or submitting content to this site, you grant CupidGoldFish or CupidFish Company and its affiliates and licensees the perpetual right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by CupidGoldFish or CupidFish Company will not infringe or violate the rights of any third party.

External Links

This site may contain links or advertisements to external websites or systems not owned or controlled by CupidGoldFish or CupidFish Company. Nothing contained in this site, or in any of the links, should be construed to be an endorsement, recommendation, or preference for a commercial product, process, or service. When you link to an external site, you are subject to the policies of the new site, including the new site's use and privacy policies.

Newsletter

CupidGoldFish or CupidFish Company operates a Newsletter to keep registered members informed of latest events and news of interest. Registering an account at these sites will result in automatic inclusion in the Newsletter. Anyone wishing to not receive the Newsletter may elect to remove their email from the Newsletter at any time by simply following the instructions shown in every published Newsletter.

Rules of Conduct

You shall not post any message containing or otherwise use any obscene or offensive language or post anywhere else on or through the CupidGoldFish or CupidFish Company or affiliate blog and services any material that is an invitation to fast money making schemes, defamatory, pornographic, racial, abusive or hateful, constitutes junk mail or unauthorized advertising, harassment, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation. You agree to use the services offered by CupidGoldFish or CupidFish Company only for lawful purposes.

You agree to refrain from posting any ethnic, racial, religious, or political commentary which is not directly related to the theme of this site and/or which may be interpreted by others as being offensive or insulting.

CupidGoldFish or CupidFish Company to promote alternative websites, except as explicitly agreed, in writing, by the owners of this site.

You agree not to disrupt or interfere with the services provided on this site, nor to alter or tamper with any information or materials on or associated with this site.

You agree not to attempt to penetrate security measures of CupidGoldFish or CupidFish Company, whether or not the intrusion, either intentional or unintentionally, results in corruption or loss of data. Banning actions are considered security measures to protect CupidGoldFish or CupidFish Company and its members. Registering an account to circumvent a ban is an action to penetrate CupidGoldFish or CupidFish Company security measures.

You agree not to interfere with another member's use and enjoyment of this site.

All CupidGoldFish or CupidFish Company blogs were established and are organized to facilitate the free exchange of information pertaining to the topic and theme. Posts on the the blog or replies are expected to be related to this theme, and you agree to restrict your posts to those which are thematic.

You are solely responsible for ensuring that any material or information you post anywhere on or through the blog -- including but not limited to text, photographs, and sound -- does not violate the copyright, trademark, trade secret, or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.

You agree that by posting any material or information anywhere on this blog you surrender your copyright rights in the posted material or information. You further agree that CupidGoldFish or CupidFish Company is entitled to use the posted material or information royalty free and without restriction in any manner it deems fit, including, but not limited to, publishing the material or distributing it.

IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION PROVIDED THROUGH THE SERVICES.

You agree to indemnify CupidGoldFish or CupidFish Company, its employees, directors, officers, related corporations, subsidiaries, attorneys, shareholders, agents, assigns, and representatives, and to hold them harmless, from any and all losses, claims, and liabilities (including attorneys' fees) which may arise from your submissions or deletion thereof, from your use of any service and/or material obtained from or through any services provided on this blog, or from your breach of these rules or any other agreement between you and CupidGoldFish or CupidFish Company. You further agree that CupidGoldFish or CupidFish Company is not responsible, and shall have no liability to you or your agents, representatives, employees, shareholders, directors, or any party related to you in any way, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you.

You acknowledge that you are expressly prohibited from utilizing CupidGoldFish or CupidFish Company Network of blogs or other internet services in connection with data mining of any kind, commercial use, the sending of unsolicited electronic mail or other forms of messages, whether commercial or not, to a large number of recipients.

A message is unsolicited if it is sent to a recipient who has not requested or invited the message. Mass mailing is mailing of messages in quantities exceeding reasonable personal use. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.

You agree that you will not send SPAM messages to other blog members, nor make SPAM postings on the blog, nor make any efforts to utilize the board for your commercial gain, except for those provisions the board has explicitly allowed. Prohibited behaviors include; selection of a username which promotes your business, masquerading as a member and acting as a 'shill' to promote your business, posting messages which have little, or nothing, to say in response to a guest bloggers post, but are made primarily to promote your business, and any other similar commercially-focused behaviors.

You agree to refrain from revealing your password to others or allowing others to use your passwords (other than authorized users in your household).You agree to refrain from forging any message header, in part or whole, of any electronic transmission, originating or passing through CupidGoldFish or CupidFish Company viruses to, from, or through this site, and allowing access to CupidGoldFish or CupidFish Company through your passwords for the purpose of operating a server of any type or for any other purpose which is not common personal use to receive viewable pages on CupidGoldFish or CupidFish Company.

CupidGoldFish or CupidFish Company has no practical ability to restrict all conduct, communications, or content which might violate this Policy prior to its transmission on or through the CupidGoldFish or CupidFish Company or affiliate sites, nor can CupidGoldFish or CupidFish Company ensure prompt removal of any such communications or content after transmission or posting. Accordingly, CupidGoldFish or CupidFish Company does not assume liability to users or others for any failure to enforce the terms of this Policy.

Warning / Banning Policy

CupidGoldFish or CupidFish Company employs a 4-stage warning system which is designed to provide for gradually increased levels of intervention, up to the point of Blog deletion.

Level 1 is "Warned" status which carries no restriction of privileges, but does place a visual indicator that the member has received a warning. Warnings typically expire in 3 days.
Level 2 is "Moderated" status which carries a restriction of posted messages. When someone is in Moderated status their blog posts do NOT automatically appear in the open blog, they require a Moderator to individually review and approve each blog post before it appears on the blog. Because of the manual approval process, it may take as many as several days for a posted post to appear. The default duration for "Moderated" status is 7 days, but may be extended depending on the violation.
Level 3 is "Muted" status. In this status, posts to the blog are entirely disallowed.. The default duration for "Muted" status is 7 days, but may be extended depending on the violation.
Level 4 is "Banned" status. This may, or may not, be reflected in a visual indicator in the person's blog admin access and 10 days later the blog content will be deleted. Banned status is considered a permanent action. Anyone who believes they have been banned inappropriately is invited to contact site management. Anyone registering a second (or more) account while on "Banned" status is, in fact, penetrating the security measures CupidGoldFish or CupidFish Company has enacted to protect CupidGoldFish or CupidFish Company and its members.

Although CupidGoldFish or CupidFish Company utilizes a Visual Warning system, there are occasions in which a violation or behavior is sufficiently egregious that immediate action is taken. The most obvious example is when an affiliate user resorts to spamming, feed hijacking or splogging. Another would be the threat of legal action. In those instances, it is perceived that further communication is futile, and possibly unwise, and immediate action is taken.

CupidGoldFish or CupidFish Company reserves the right to publish details of decisions leading to the banishment of a of the affiliate or blog administrator. Publication of details is likely to occur ONLY when a former affiliates or their users elects to make a public comment elsewhere.

CupidGoldFish or CupidFish Company use of a Warning/Banning policy is not binding to CupidGoldFish or CupidFish Company and does not obligate CupidGoldFish or CupidFish Company to follow this policy in all cases. The Warning/Banning policy is intended to be generally followed, but CupidGoldFish or CupidFish Company reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.

Choice of Law and Forum

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Nevada, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of this blog shall be filed only in the state or federal courts located in the State of Nevada, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Any requests/demands/orders for any legal-related matters, including but not limited to; request for production of documents/records, depositions, testimony, etc. - shall be billed at the rate of $450.00 USD per hour to the party making the request/demand/order and will be paid within 3 days. Further, any requests for production must be accompanied by a deposit/retainer in an amount not less than $5000.00 USD prior to any work being performed.

CupidGoldFish or CupidFish Company reserves the right to modify these policies at any time.