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This program is open to new affiliates. You will be signed up to receive 50% of the initial purchase and 50% of all recurring purchases.
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FRATCASH AFFILIATE PROGRAM TERMS AND CONDITIONS

This Affiliate Terms and Conditions (the "Agreement") is entered into by and between Pavlov’s Dog, LLC (“Pavlov’s Dog,” “us” or “we”) and you (hereinafter referred to as “you,” “your,” or the “Affiliate”).

BY CLICKING “Begin Sign-up” ABOVE, YOU ARE CREATING A BINDING AGREEMENT BETWEEN YOU AND PAVLOV’S DOG AND AFFIRMATIVELY STATING THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THE AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU CANNOT BECOME A MEMBER OF THE PAVLOV’S DOG AFFILIATE PROGRAM UNTIL YOU ACCEPT THESE TERMS.

PAVLOV’S DOG RESERVES THE RIGHT TO AMEND THIS AGREEMENT AT ANY TIME AND WILL POST THE AMENDED AGREEMENT HERE. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE POSTING OF ANY CHANGES IN THIS AGREEMENT WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF SUCH RULES, CHANGES OR MODIFICATIONS.

1.    Enrollment

In order to participate in Pavlov’s Dog’s FRATCASH Affiliate Program (the “Program”), you must be over eighteen (18) years of age and/or over the age of majority if you reside or conduct business in a jurisdiction where the age of majority is greater than eighteen (18). To enroll, fill out the application through our website at http://www.fratcash.com. We reserve the right to reject your application if we determine, at our sole discretion, that any of the following apply:


(a) You have provided inaccurate or incomplete information on your application;

(b) You are not the legal age of majority in your jurisdiction;

(c) You are a resident of an ineligible country;

(d) Your website to be used in connection with the Program is unacceptable to us for any reason, including, without limitation, because your site incorporates images and/or content we (in our sole discretion) deem unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement.

2.     Affiliate Responsibilities

As a participating member of the Program, You will promote the various websites included in the Program (the “Sites”). You may promote the Sites through any legal and legitimate form of promotion that you choose to direct traffic to the site you create to promote the Sites (the “Affiliate Site”). Practices that could reflect negatively on Pavlov’s Dog or its affiliates are strictly prohibited and may result in your termination in the Program. You may use banner advertisements, button links, and/or text links to our site (the “Links”).  Allowable promotional links may contain trademarks, trade names, service marks, and/or logos owned or licensed by Pavlov’s Dog. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by Pavlov’s Dog. Such license shall immediately and automatically terminate upon expiration or termination of this Agreement. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links.

You will be solely responsible for the development, operation, and maintenance (including all costs) of the Affiliate Site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to Title 18 U.S.C. § 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party’s copyrighted or other proprietary material and we will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program for violating the terms of this Agreement if we believe you have failed to abide by the following policies:


A.  No misrepresentation to the public the Terms and Conditions of our sites or of yours;


B.  No unsolicited of any kind, including but not limited to, non-opt-in email, Facebook® messaging, SMS or IRC postings. Sales originating from Links transmitted using any of these methods will be rejected;


C.  No links to torrents, password exchange, file sharing, image hosting or “tube” sites;


D.  No trade names owned or licensed to Pavlov’s Dog may be included in any Affiliate Site URL as a partial or complete host or domain name. Trademarks or trade names may be included in Link URLs as query parameters and/or file names without restriction;


E.  No paid search traffic key words may be bid on, nor attempted to be bid on, by your Affiliate Site if they include trademarks or trade names owned or licensed by Pavlov’s Dog;


F.  Don’t include text or verbatim descriptive narrative copied from any Site owned or controlled by Pavlov’s Dog for inclusion on your Affiliate Site;


G.  Use only approved content on your Affiliate Site to create Links. Pavlov’s Dog will provide still image and video clip promotional content (“Marketing Tools”) via email or through Fratcash.com. Use of promotional content taken from within restricted membership areas or from other unauthorized sources is strictly prohibited and will be treated as copyright infringement;


H.  No one under the age of 18 may own or operate an Affiliate Site;


I.  No one residing in a Blocked Country may own or operate an Affiliate Site, nor may any Affiliate Site web servers be physically hosted in any of those countries. The list of Blocked Countries is maintained by CCBill, LLC (“CCBILL”), at its sole discretion, and may change from time to time without notice.


J.  Compliance with all additional terms in the Affiliate Terms and Conditions as they may be modified from time to time.

You understand that Pavlov’s Dog's determination of a violation of the Agreement shall be in its sole, unfettered discretion. Failure by Pavlov’s Dog to enforce strict performance with any provision in the Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision in the Agreement.

3.    Illegal Content

You may not send traffic or cause traffic to be sent from any site which includes any child pornography, bestiality, rape, torture, snuff, death or any other type of obscene and/or illegal material. Further, you may not send traffic or cause traffic to be sent from any site which includes material which constitutes an infringement, misappropriation or violation of any individual or entity’s intellectual property rights including without limitation, copyright, trademark, rights of publicity, patent rights or privacy rights.

4.    Commissions

The Program includes two possible forms of commission payout for valid sales from which you may choose, whether such payout is based on a full signup or on a trial sign up.

Pay-per-Signup (“PPS”).  You will be paid a one-time commission of USD$20 per Qualified Subscriber as defined below who connects from your Links on your Affiliate Site to the Site and who signs up for a trial, monthly or other recurring membership to any of the Sites. Re-bills and additional revenue generated from a signup will not be subject to further compensation to you; or

Revenue Sharing (“Sharing”). We will pay you a revenue share of fifty percent (50%) of the initial sales price and 50% of each successive recurring charge received in connection with any Qualified Subscriber who connects from your Links on your Affiliate Site to a Site until the attributed membership is canceled. If you do not notify us which method you prefer, your commission will be paid as Sharing.  


A Qualified Subscriber shall mean an individual who meets all of the following criteria: (i) Pavlov’s Dog can verify navigated directly to the applicable Site using your Links; (ii) is not a customer of Pavlov’s Dog at the time of registration on the Site; (iii) registers for a trial subscription or a full-paying monthly subscription for access to the applicable Site service during such person’s visit upon linking to such Site directly from your Links; and (iv) pays the applicable access or subscription fee following successful completion of the registration form.

The commission rate is subject to change from time to time, upon e-mail notice to you and commencing thirty (30) days following such notice. Commissions in a given monthly reporting period may be reduced for credit card charge backs, cancellations or other refunds, or credit backs resulting from prior month’s activities. Commission will only be paid if the visitor to the Site can be tracked by the system from the time of visit to your Affiliate Site to the time of the sale. It is your responsibility to ensure the correct usage of the Marketing Tools. No commission will be paid if full payment for services is not made to us by the customer.

You acknowledge that, except as otherwise stated herein, no income or other taxes or amounts shall be withheld or accrued by us for your benefit on the commissions that are paid and it shall be your sole responsibility to remit all applicable taxes.

Commission payments are administered by CCBILL, LLC (“CCBILL”) and you must have a valid CCBILL account in order to enroll in the Program. Commissions will be paid by us through your CCBILL account in the manner and at the frequency established between you and CCBILL. If you dispute the manner or amount of calculation of your commission with regard to any given payment period, you must inform us in writing within sixty (60) days of the applicable payment, otherwise you are deemed to have waived your right to challenge said payment calculation.

5.    Term and Termination

The term of this Agreement will begin once we accept your application to be an Affiliate Site and will terminate as set forth below.

Pavlov’s Dog may terminate this Agreement in whole or in part by ending the Program or any aspect of the Program at any time at our sole discretion and no further commission payments will be due. In addition, either party may terminate this Agreement, at any time, for any reason, by giving the other party written notice of termination. Notice by e-mail, if sent to the e-mail address in our records, shall be considered sufficient notice of termination. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.

Immediately upon termination, you must remove and disable all Links, Marketing Tools, and any references to the Program. In addition, any and all rights and licenses granted to you by us under this Agreement shall immediately terminate, with such rights automatically reverting to Pavlov’s Dog. You shall also return any and all Confidential Information (as herein defined) and any other Program materials in your possession, custody and control. Terminated accounts cannot later apply to the Program without our express written consent.    

6.    Modification

Pavlov’s Dog may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail to the e-mail address we have on record for you, or the posting of a revised Agreement on the Program website shall be considered sufficient for the purposes of this Agreement. All modifications shall take effect 48 hours after we serve notice as set forth above, unless we indicate otherwise. If any modifications are unacceptable to you, your only recourse is to terminate this Agreement by notifying us in writing and terminating all use of any and all Links and Marketing Tools. Your continued participation in the Program following our posting of a revised Agreement on the Program website will constitute binding acceptance of the change.

7.    Relationship of the Parties

You and Pavlov’s Dog are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You shall not make any statement, whether on your Affiliate Site or otherwise that contradicts this paragraph and Pavlov’s Dog expressly disclaims responsibility for any conduct by you in violation of this Agreement.

8.    Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PAVLOV’S DOG BE RESPONSIBLE FOR ANY DIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

9.    Disclaimers

NEITHER YOU NOR PAVLOV’S DOG MAKES ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM COURSE OR DEALING OR COURSE OF PERFORMANCE, WITH RESPECT TO THE PROGRAM, ANY SITE OR ANY SERVICE OR MATERIALS PROVIDED IN CONNECTION WITH THE PROGRAM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PAVLOV’S DOG SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY BENEFIT YOU MIGHT OBTAIN FROM THE PROGRAM OR ANY SITE. WE DO NOT GUARANTEE THAT ACCESS OR REGISTRATION TO ANY SITE WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE HELD LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS WHICH MAY OCCUR.

10.    Representations and Warranties

You hereby represent and warrant that you are and will remain in compliance with all applicable laws, rules and regulations applicable to your obligations hereunder, including without limitation, compliance with 18 U.S.C. Section 2257 and the CAN SPAM Act of 2003 and that your sites do not in any way violate the rights of any third party, including without limitation, third party intellectual property rights.

You hereby represent and warrant that the performance by you pursuant to this Agreement is within your legal capacity and power; that you have been duly authorized by all requisite action on your part; that you do not require the approval or consent of any other party and that your performance hereunder will not violate or constitute a default under any (a) provision of law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide Pavlov’s Dog with notice that you have engaged in a practice that actually or allegedly violates any applicable law, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.

11.    Confidentiality

Pavlov’s Dog may disclose to you certain information as a result of your participation in the Program, which information we consider to be confidential ("Confidential Information"). Confidential Information shall include, without limitation, (a) any modifications to the terms of this Agreement made specifically for your Affiliate Site and generally not available to other members of the Program; (b) website, business and financial information relating to Pavlov’s Dog; (c) customer and vendor information and/or lists relating to the Program; and (d) any members of the Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. Should you receive a court notice, complaint or subpoena requesting or seeking to compel disclosure of Confidential Information, you shall immediately inform Pavlov’s Dog and Pavlov’s Dog shall have the right and be given the opportunity to obtain a protective order to prevent disclosure of such Confidential Information. We make no warranty, express or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any such person resulting from your or such third person's use of the information.

12.    Indemnification

You hereby agree to indemnify, defend and hold harmless Pavlov’s Dog, our affiliated companies, members, shareholders, officers, directors, employees, agents, affiliates, sponsors and successors and assigns, from and against any and all third party claims, losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the any of your intellectual property infringes the rights of any third party or is otherwise unlawful; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) your performance under this Agreement, participation in the Program, promotion of the Sites or operation of your Affiliate Site.

13.     Assignment

You may not assign this Agreement or any of your rights or delegate any of your duties under this Agreement without the prior written consent of Pavlov’s Dog. Any purported assignment or delegation without such required consent shall be null and void and may result in your termination from the Program. Pavlov’s Dog may assign this Agreement (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Pavlov’s Dog or (iii) in connection with the sale of any of the Sites or the business unit associated with the Sites.

24.    Waiver

No waiver by us of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any authorized provisions hereof, and no waiver by us shall be effective unless made in writing and signed by an authorized representative of the waiving party.

25.    Miscellaneous

This Agreement has been made in and shall be construed and enforced in accordance with Arizona law without regard to any conflict of law provisions. Pavlov’s Dog makes no representation that the Content on the Sites is appropriate for access outside of the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in Phoenix, Arizona. In an action to enforce this Agreement, or actions arising out of or related to the terms of this Agreement, including, but not limited to, copyright infringement actions, the prevailing party will be entitled to costs and attorneys fees.

Pavlov's Dog, LLC DBA Fratcash.com
7702 E DOUBLETREE RANCH RD, STE 300    
SCOTTSDALE, AZ 85258
1-800-FRATMEN

Revision 12.11.2011.1 effective 00:00 PST December 11, 2011
©2011 Pavlov's Dog, LLC.
FRATMEN™, FRATPAD™, FRATERNITY MEN™, ebonyU™ , FRAT™,
FRATHOUSE.XXX™, FRATCASH™, FRATMEN SUCKS!™, FRATTUBE™ and FRATBOYS.XXX™
are Trademarks of ICONnewmedia, Inc., 701 N Green Valley Parkway, Suite 200, Henderson, NV 89074
and are under license to Pavlov's Dog, LLC.