You must agree to the terms and conditions below to be
able to sign up for our program.
Eonpal Partnership Program - TERMS AND CONDITIONS
The following terms and conditions reflect the obligations of the user
identified by the personal data, address and e-mail address specified in the
sign-up/registration form (hereinafter referred to as "you" or "your",
"affiliate" or "affiliate member(s)" ) and Eonpal
(hereinafter called "Eonpal") when you use Eonpal program (or Eonpal
services). All conditions must be adhered to, and are
legally binding. You are responsible for reading and respecting all the
conditions defined by Eonpal. If the conditions are not respected, your
account will be terminated and the payment void. No warnings will be issued, and
no reasons or excuses will be accepted.
The following describes the general restrictions and obligations that have to be
followed by you, independently of the specific service provided by Eonpal.
RESTRICTIONS AND OBLIGATIONS
1. The minimum age for participation is 18 (eighteen). Eonpal must at all time be able to track your
hits and visit the websites from where the visitors are coming from. All hits
must come from your own web page(s). You are not authorized to use Eonpal's
name, URL or anything associated with Eonpal or its websites outside of your
website(s).
2. No SPAM will be tolerated. Should Eonpal receive complaints due to
unsolicited emails sent by or via you, you will be on our blacklist and your
account will be terminated immediately and payment will be void. This condition
applies to, but is not limited to, newsgroup postings, email links, etc. You are
also not allowed to open the website in a pop up window or in a console.
3. Affiliate members are not permitted to use Eonpal's sign up forms within
a co-registration or automated transfer process. Eonpal is under no
obligation to pay for subscribers generated using either of these methods. The
form action for subscription must be to Eonpal servers, and initiated by the
surfer. Failure of an affiliate in this regard will result in Eonpal
canceling all payments due to that affiliate.
4. Affiliate members are not
permitted to display a Eonpal sign up form on mailing list unsubscribe
pages. Eonpal wants to protect the risk of SPAM complaints that are often
associated with this type of form implementation. Eonpal is under no
obligation to pay for signups generated from unsubscribe pages.
5. You may not promote our Eonpal program on or to sites that promote or contain
content pertaining to or displaying child pornography "actual" or "suggested",
molestation, bestiality, rape/torture, hate crimes/hate propaganda, acts of
violence, or other illegal content, any references to "Lolita", "Pre-Teen" and
"youngest", any URL names implying any unqualified content or any other sites
displaying illegal material, password selling or trading. Nor may you promote
our Eonpal program on any other non-adult web sites unless you have received an
authorization before doing so from Eonpal. If you not do so, your account
will be terminated and the payment void.
6. Sites that promote illegal activity, anti-government activity or
discrimination based on race, sex, religion, sexual orientation or physical
disability are not permitted to participate in Eonpal's program.
7. Any affiliate member who violates or infringes upon 3rd party copyright,
trademark, patent, or any intellectual property rights will have their account
terminated immediately, this includes, but is not limited, fraudulent activity
against any other program. Termination will result if you are found to be
profiting from the false submission of names, using executable files to scam
other online ventures and/or if you are in any way committing fraud against 3rd
party companies.
8. You may not keep a copy of any of the names or associated data they generate
through the Eonpal program. Eonpal retains sole and exclusive rights to this
data.
9. If you cheat anywhere on the Eonpal network, you will loose all accounts
in all programs and will not be allowed to gain access to new accounts. Credit
card fraud is closely monitored and will not be tolerated by Eonpal.
Misleading advertising by you will be considered as cheating. In the event that
any sort of mechanism that falsely generates hits and/or signups to the website
is detected by Eonpal, you will be prosecuted to the fullest extent of the
law and earnings will not be paid.
10. Eonpal reserves the right to terminate any affiliate for any reason,
including but not limited to, fraud or suspected fraud. Fraud includes, but is
not limited to, artificially generated visits or any type of click fraud, the submission of unauthorized email signups, the creation of
new email addresses for submission by the affiliate, or changing HTML or other
code related to the affiliate program. Eonpal is not obligated to pay the
balance of a terminated affiliate's account.
11. Referring an affiliate who already exists in the affiliate database is not
supported by Eonpal. Doing so may result in your termination from the
program without compensation.
12. Affiliates will not receive referral commissions from referred affiliates
who are terminated from the program for any reason.
13. Eonpal is not obligated in any way to reveal the reasons for termination
of referred affiliates. Eonpal will not release information on an affiliate
unless fraud and/or abuse has been committed against a third party program. The
final decision regarding account status and information will be made by
Eonpal in the case of a request for information by a third party
program/venture.
14. In no event shall Eonpal be liable to you for any damages, whether
direct, indirect, incidental or consequential, arising out of the use or
inability to use the Eonpal Program, including your use of the Eonpal Program
for any other purpose than what has been stated in these terms and conditions,
even if Eonpal has been advised of the possibility of such damages.
Eonpal's aggregate liability, if any, arising out of or in any way related
to its performance of the services provided for under these terms and conditions
shall be limited to USD 50,00 (fifty US dollars); and in no event shall
Eonpal,
its staff, its agents, or its suppliers pay for incidental, indirect, special,
or consequential damages, even if they have been advised of or should have
foreseen, the possibility of such damages.
15. Eonpal shall not be liable for any damages resulting from disseminating,
failing to disseminate, or incorrectly or inaccurately disseminating any
communication, advertisement, or other materials of any kind comprising in whole
or in part your use of Eonpal's services or Eonpal Program.
16. Eonpal disclaims any and all liability with regard to the operation of
affiliate sites. These sites are outside of Eonpal's control, and as such
Eonpal cannot be held responsible for their actions.
17. Eonpal shall in no event be liable to you, your customers or any third
party for any loss resulting from any failure to perform its obligations under
these terms and conditions because of intrusion or malicious attacks by hackers
on the Eonpal Program, theft of access codes or passwords from our
installations, or other acts by any third party beyond Eonpal's direct
control, including but not limited to acts of God, alien attacks, nature, any government agency(ies), war, civil disturbance, labor disputes or shortages, electrical or
mechanical breakdowns, inability or refusal of a common carrier to provide
communications capabilities as well as the issuance of an injunction or seizure
order by a court of competent jurisdiction prohibiting Eonpal from carrying
on its day-to-day operations as contemplated under these terms and conditions or
an order by any regulatory, administrative, judicial or legislative body, which
shall temporarily suspend or permanently terminate Eonpal's ability to
provide you access to the services and/or Eonpal's Program pursuant
to these terms and conditions.
18. Except for the express warranties stated herein, the Eonpal Program and
Eonpal's services are provided "as is", and Eonpal disclaims any and all
other warranties, conditions, or representations (express, implied, oral or
written), relating to the Eonpal Program, Eonpal's services or any part
thereof, including, without limitation, any and all implied warranties of
quality, performance, merchantability or fitness for a particular purpose.
Eonpal makes no warranties respecting any harm that may be caused by the
transmission of a computer virus, worm, time bomb, logic bomb or other such
computer program. In addition, Eonpal makes no declarations that the
services or the Eonpal Program will be uninterrupted or error-free and
Eonpal shall not be liable for any damages, whether direct, indirect,
incidental or consequential, arising out of any interruptions or errors occurred
as a consequence of your use of Eonpal's services or Eonpal Program.
19. You hereby agree to indemnify, defend and hold harmless Eonpal, its
shareholders, officers, directors, employees, agents, affiliates, successors and
assigns, from and against any and all claims, losses, liabilities, damages or
expense (including attorneys' fees and costs) of any nature whatsoever incurred
or suffered by Eonpal (collectively the "losses"), insofar as the losses (or
actions in respect thereof) arise out of or are based on: a) any claim or
threatened claim that Eonpal's use of tour trademark(s), if any, infringes
on the rights of any third party; b) the breach of any promise, covenant,
representation or warranty made by you in these terrms and conditions; or c) any
claim related to your web pages. Eonpal's indemnity rights shall not be
limited or offset by any contributory negligence by Eonpal. Eonpal may
participate in the defense at its expense.
20. You, acting as the potential affiliate, warrant that you have the legal
capacity to enter into a binding contract, and, if appropriate, have the
authority to bind your principal or employers to these terms and conditions.
Eonpal SERVICES:
1. Co-Brand:
You will be given a co-branded version of eonsex.com website to run under your
virtual domain, logo and ad-spaces above and right side of the results. You are
paid for every user who visits such website. Price per every visit is dynamic.
The minimum price is $0 (zero) US dollars. Price per visit is generated
automatically without humans involved. Eonpal keeps right in calculating the
prices per visit in any moment.
2. Integration:
Users can integrate eonsex results into their own web sites using javascript or
other suitable integration methods.
You are paid for every click. Price per every click is dynamic and calculated
runtime. The minimum price is $0 (zero) US dollars. Price per visit is generated
automatically without humans involved. Eonpal keeps right in calculating the
prices per visit in any moment.
PAYMENTS:
1. The earnings due to you are calculated by Eonpal. You can see the amount
owed to you in the statistics section of Eonpal.
2. All payments will be made in US Dollar currency. The payment period is around
10th of each month. Payments are sent by Eonpal within 5 days of the end of a
payment period. No payment for less than $25 will be issued. It is possible
that you request Eonpal to pay out only amounts that are higher than a
certain fixed amount which should be at least $100. Unpaid earnings are carried
to the following payment period. The payments less than $500 made by epassporte.
Payments over $500 can also be done via wire transfer. Cost of transfer is
deducted from your earnings.
3. Using a fake payout name or filling out the application with false
information is considered as a fraud (especially if you are caught cheating in
another account). Eonpal reserves the right to close ALL the accounts and
void the payment of you caught cheating with one of his account. In the event
that Eonpal detects any sort of fraud made by you, Eonpal will prosecute
you to the fullest extent of the law.
4. If Eonpal is closed by Eonpal, you will be notified and will be paid for
all earnings generated up to that point in time, except in cases where it is
determined that you has cheated by violating these terms and conditions.
5. If you want to close a publicity account, you must contact Eonpal and
request for your account to be closed. In this case, Eonpal will pay for all
earnings generated up to that point in time, except in cases where it is
determined that you have cheated by violating these terms and conditions.
6. Eonpal's files will prevail in determining the amount of valid email
subscribers an affiliate has generated.
7. Eonpal's systems are responsible for tracking affiliate accounts, and are not
liable for system downtime.
GENERAL:
1. Eonpal reserves the right to terminate this agreement or transfer an
account from a publicity program to another at any time, for any reason,
including, but not restricted to, profitability. In any case, you will be
notified and will be paid for all earnings generated up to that point in time,
except in cases where it is determined that you have cheated by violating these
terms and conditions.
2. If any of the these terms and conditions need to be changed, or new terms and
conditions added, Eonpal will post a notice on your statistic page. You will
then have fourteen (14) days to respect the new condition should it apply to you
before Eonpal starts enforcing it. If you don't respect the new condition
after the said delay, your account will be terminated. Your continued use of
Eonpal Program, following Eonpal's posting of modifications or
of a new set of terms and conditions on Eonpal's site, will constitute your
binding acceptance of such a change in the terms and conditions.
3. As an affiliate member you have to regard the following: upon termination of
an affiliate's account, the affiliate member must immediately cease using
Eonpal's names, forms, banners, buttons, popup consoles, images and
representations of Eonpal thereof on their site.
4. The services and Eonpal Program licensed to you under these terms of
agreement are protected by copyrights. You may not distribute, reproduce,
decode, transmit or transfer, in whole or in part, any documentation or software
codes contained herein without express prior written permission by Eonpal.
5. In case any one or more of the provisions contained in these terms and
conditions shall for any reason be held to be invalid, illegal or unenforceable
in any respect, such invalidity, illegality or unenforceability shall not affect
any other provision hereof, and this agreement shall be construed as if such
invalid, illegal or unenforceable provision(s) had never been included.
6. This agreement, the interpretation and execution thereof, and the
relationship between you and Eonpal, shall be governed by, and construed in
accordance with, the laws of the Netherlands. Any claim or dispute arising
either directly or indirectly out of this agreement shall be brought before the
competent court of Haarlem, which court shall have exclusive jurisdiction.
Notwithstanding the foregoing, Eonpal shall have the right to institute any
legal proceedings against you before the competent court in your home
jurisdiction or elsewhere.