This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate doing business with No Cash Inc. a California Corp. doing business as Bushdvd.com. This agreement is
non-exclusive, and non-transferable without our written permission.
AGE REQUIREMENT: We require that all affiliates meet our minimum age requirement of 18 years of age in order to signup and use our program. In some areas, based on your local laws and regulations you may be
required to be at least 21 years of age in order to view adult-themed content. You are responsible for reviewing your local laws to ensure your compliance.
I have read, understood, and agree with the above
1. Enrollment in the Affiliate Network
We'll evaluate your affiliate application and will notify you of your acceptance or rejection. We may reject your application for any reason which maybe reasonable or unreasonable. If we reject your
application, you're welcome to reapply to the Affiliate program after 30 days.
2. Promotion of our Affiliate Relationship
a. We will make available to you a variety of graphic and text links, which you may use as a hyperlink to Bushdvd.com.
b. Agreements regarding Links: In utilizing the Links, you agree that you'll cooperate fully with us in order to establish and maintain such Links. You also agree that you'll display on your site only those
graphic or textual images (indicating a link) that are provided by us, and you'll substitute such images with any new images provided by us from time to time throughout the term of this Agreement. All Affiliate
Sites (the Internet Web site(s) owned or controlled by Affiliate) shall display such graphic and/or textual images prominently in relevant sections of their site. All Links may be modified and/or expanded from time
to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. Each Link connecting users of your site to the pertinent area of our site will in no way alter the look, feel or
functionality of our site.
3. Our Responsibilities
We will be responsible for tracking the number of referrals who register for membership from your site, and for providing information to you regarding your member registration statistics. We'll be responsible
for registration, cancellations and related customer service.
4. Referral Fee Determination & Payment
a. We will pay you a flat one-time fee of $25 for every new customer who joins BushDVD rental program upon linking directly from a Link on the Affiliate's Site to the Bushdvd.com site. A "new
customer" is defined as a first-time customer who registers for BushDVD rental program including the free trial promotion and provides to BushDVD his/her name, e-mail address, mailing address, and his/her
valid credit card number. Credit cards are not charged during free trial promotional period. If a new customer cancels their membership within 24 hours, BushDVD will not pay any money for that sign up.
b. Notwithstanding anything herein to the contrary, to the extent that Referral Fees payable to an Affiliate for any month that total less than US$50 BushDVD may, in its sole discretion, defer payment of such
Referral Fees until such time as such Referral Fees in total exceed US$50. No interest will accrue on unpaid Referral Fees
c. The Referral Fee will be paid by check by the 10th of each month to Affiliate. The sign up cycle is calendar.
5. Reports of Referrals
You'll be given a password and have the ability to review your referral statistics.
6. Publicity & Restrictions
You shall not create, publish, distribute or permit any written material that makes reference to us without first submitting such material to us and receiving our written consent.
Any of the following will result in an immediate termination of this agreement and you will forfeit any money due you.
1) Any unauthorized "SPAM" 2) Any material that promotes WAREZ 3) Any material that is deemed to be obscene, such as but not limited to: Bestiality, Rape, Child pornography, Incest, Fisting,
Bondage with sex, Promotes Prostitution 4) Any images that do not comply with 18 U.S.C. sec. 2257 5) Any material that in any way could be deemed threatening, defamatory, libelous, and/or slanderous.
I have read, understood, and agree with the above
7. Customer information ownership
You agree that all customers that access the BushDVD site from any link are BushDVD customers and that BushDVD shall be the owner of all information or data collected by BushDVD in providing any product or service
8. Rights & Obligations
a. Ownership--You acknowledge and agree that 1) the Bushdvd content regarding but not limited to the following: all the text, data, images, design structure, any audio and audio visual material, photographs,
trademarks, and other materials incorporated into the Bushdvd site and all portions thereof are and shall remain the sole property of Bushdvd, 2) nothing in this Agreement shall confer to any Affiliate any right of
ownership in any of the Bushdvd content, and 3) any Affiliate shall not now or in the future contest the validity of the Bushdvd content.
b. Affiliate Site. You'll regularly maintain each Affiliate Site so that its contents are current, accessible and in good taste. You're solely responsible for the development, operation and maintenance of
each Affiliate Site and all contents of each Affiliate Site. Without limiting the foregoing, you're responsible for (a) the technical operation of each Affiliate Site and related equipment; (b) the placement of
correctly formatted Links, either directly or indirectly; and (c) ensuring that the contents of each Affiliate Site are not libelous, illegal, harmful, threatening, defamatory, obscene, harassing, or racially,
ethnically or otherwise objectionable and do not infringe any "Intellectual Property Rights" (any and all now known or hereafter existing rights associated with works of authorship or inventions
worldwide, including but not limited to copyrights, patents, trademarks, service marks, know how, "look and feel" and all other intellectual property and proprietary rights (of every kind and nature
worldwide and however designated) relating to intangible property or other rights of any person or entity.
9. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your "Affiliate Application" and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or
without cause, by giving the other party written notice of termination. We may withhold your final payment for a reasonable time to ensure the correct amount is paid. Upon termination of this agreement, you will
immediately remove all links to Bushdvd.
We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. You'll be notified by email. Modifications may include, but are not limited to, changes in the
scope of available bonuses, payment schedules and/or procedures, and Affiliate rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in
the Affiliate program following our e-mail informing you of the modification will constitute your acceptance of the modification.
11. Relationship of Parties
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You'll have no authority to make or accept any
offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Bushdvd makes no promises, warranties, or representations of any kind, other than expressly stated within this agreement.
13. Representations, Warranties and Indemnifications
You hereby represent and warrant to us as follows:
a. Affiliate's Representations and Warranties. You represent and warrant that (i) you have full power and authority to enter into this Agreement; (ii) entering into and performance of this Agreement by you does
not violate, conflict with, or result in a material default under any other contract or agreement to which you're a party, or by which you're bound; and (iii) the Affiliate Site shall not infringe, violate
or misappropriate any copyright, trade secret, trademark, or other proprietary or intellectual property right of any third party or constitute libel, defamation, invasion of privacy or the violation of any right of
publicity or any other right of any third party. Bushdvd is not responsible for the content of the Affiliate Site except as expressly authorized.
b. Affiliate's Indemnification. You shall defend and/or settle any claim, suit or proceeding, brought by a third party against Bushdvd resulting from breach of the representations and warranties made by you.
You shall promptly pay all damages or settlement amounts finally awarded against Bushdvd to the extent based on such a claim (including payment of reasonable attorney's fees, court costs and costs of other
a. Confidentiality. "Confidential Information" means proprietary information disclosed by either party (the "Disclosing Party") to the other party (the "Receiving Party"), in writing,
orally, which, if in writing or other tangible form, is marked as "Confidential" or a similar designation, or if disclosed orally, is confirmed in writing. Confidential Information may also include
information disclosed by a third party to a Disclosing Party. The parties understand and agree that all information provided by either party to this Agreement shall be deemed Confidential Information.
b. Non-Disclosure. Each party agrees not to use the Confidential Information disclosed to it by the other party for any purpose other than as contemplated by this Agreement. Neither party will disclose any
Confidential Information of the other party to third parties, except as authorized by non-disclosing party. In addition, each party shall use reasonable efforts to (i) protect the secrecy of and avoid unauthorized
use and disclosure of the Disclosing Party's Confidential Information, and (ii) prevent the Disclosing Party's Confidential Information from entering the public domain or from falling into the possession of
any unauthorized persons; including, without limitation, using at least the same degree of care with respect to the Confidential Information of the Disclosing Party that the Receiving Party uses to protect its own
c. Term of confidentiality. Confidentiality shall extent for 15 years after termination of this agreement, unless waived in writing by both parties.
15. Limitation of Liability
In no event will either party be liable to the other party for loss of profits, loss of data, loss of use, consequential, exemplary or incidental damages, except those caused by negligence or of similar cause.
BushDVD will in no circumstances be liable to an affiliate for more than $1,000 or the total amount paid to the affiliate, which ever is less.
If any of the above provisions or terms are deemed illegal or unenforceable, than the remaining terms are valid and enforceable.
17. Governing Law & Resolution of Disagreement
This Agreement will be governed by the laws of the State of California without reference to conflict of law principles and without regard to the 1980 U.N. convention on Contracts for the International Sale of
Goods. Each party hereby consents to the jurisdiction of and venue in the U.S. Federal or California State courts within the Southern District of California and the California State courts within San Diego County,
California. In the event of a disagreement both parties will resolve the disagreement by binding arbitration.
By clicking the accept button in this contract and supplying Bushdvd with all the information to sign up for BushDVD affiliate program, you are acknowledging and agree to abide by the terms of this