Webmaster Terms and Conditions Welcome.
Warning: YOU MUST BE OVER THE AGE OF 18 YEARS TO PARTICIPATE IN THE DIGITALPLAYGROUNDCASH. PROGRAM. IF YOU ARE NOT OVER THE AGE OF 18 YEARS YOU ARE NOT AUTHORIZED TO PROCEED. FURTHER ACCESSING OF OUR COMPUTERS AND DATABASES COULD CONSTITUTE VIOLATIONS OF FEDERAL AND STATE LAW.
Before you can become a participant in our
DigitalPlaygroundCash. Program ("Program")
you must first read and agree to all of the following terms and conditions.
Please read the following CAREFULLY. This is a binding legal agreement
("Agreement") between Digital Playground, Inc. (hereinafter,
"DigitalPlaygroundCash", "we", or "us") and you ("You").
The following offer to You to participate in the Program is subject to all the
terms, conditions, limitations and waivers below. You acknowledge and agree
that by participating in the Program, you will be bound by all the terms and
conditions in this Agreement.
1. Rights Granted To You By Us. Subject to the terms and conditions set forth
in this Agreement by us, we grant to You, the following Program Benefits:
1.1 The non-exclusive right to direct, refer or send visitors or users of Your
Web Site to web sites owned, operated or controlled by us.
1.2 A limited, non-exclusive, nontransferable and revocable license to access
and download DigitalPlaygroundCash promotional banners, and other promotional
materials for use on Your Web Site for the exclusive purpose of advertising,
marketing or promoting websites owned, controlled and/or operated by us,
provided, however, the license herein granted shall automatically and
immediately cease upon the termination of this Agreement or if you cease
referring visitors or users to our web sites. You hereby acknowledge that you
will not at any time own the promotional materials we provide to you. You also
agree that any use our promotional materials after the termination of this
Agreement or after you cease referring visitors to our web sites, either by
You, any person under Your control or any person who has received the
materials directly or indirectly from You, shall constitute intentional
infringement of Our copyrights and trademarks associated with the materials.
1.3
The right to participate in the Program and receive payments for authorized
and bona fide referrals.
2. Your Warranties To Us. In consideration of DigitalPlaygroundCash providing
You with the Program Benefits, You agree and warrant as follows:
2.1 You warrant that You will at no time while You are participating in the
Program directly or indirectly display or include on Your Web Site any
advertising or advertising links of any kind which promote
DigitalPlaygroundCash sites, other than those advertisements or ad links which
have been pre-approved by us and which advertise DigitalPlaygroundCash or
other sites, companies, products or other wide area network addresses that we
have designated.
2.2 Promotion of our web sites via spam or unlawful unsolicited email is
strictly prohibited. If you promote our web site through any email
transmissions you warrant that you will strictly adhere to all laws, rules and
regulations pertaining to email advertising including, without limitation, the
CAN-SPAM Act.
2.2.1 The United States Congress has enacted the CAN-SPAM Act ('the Act'). As directed by the Act, the Federal Trade Commission (.FTC.) has issued regulations promulgated pursuant to the Act that require, among other things, prescribed notice in the subject line and body of all commercial electronic mail that contains or is linked to sexually oriented materials.
2.2.2 ALL AFFILIATES MUST COMPLY WITH THE ACT AND ALL FTC RULES RELATING TO THE ACT when participating in the Program. You should consult an attorney to counsel You regarding compliance with the Act and all the FTC rules pertaining to the Act.
2.2.3 The following data regarding the final FTC Rule regarding the labeling of email advertisements for sexual materials is presented for informational purposes only.
2.2.3.1 The exact phrase 'SEXUALLY-EXPLICIT:' must be contained in capital
letters as the first 18 characters at the beginning of the subject line. This
phrase in the subject line must be in ASCII format.
2.2.3. 2 The exact phrase 'SEXUALLY-EXPLICIT:' must be in capital letters as
the first 18 characters in the main body, i.e., the 'Brown Paper Wrapper',
area of the email message. The Brown Paper Wrapper refers to the opening
portion of the e-mail that is immediately visible to the recipient, without
scrolling down or taking any other affirmative steps to view the message.
Sexually explicit material can be displayed beneath the 'Brown Paper Wrapper'
area of the email message or accessible by clicking on a link.
2.2.3.3 A valid postal address must be displayed in the 'Brown Paper Wrapper'
area of the email message. In addition, the 'Brown Paper Wrapper' area must
indicate that the message itself is an advertisement or solicitation, and
contain an e-mail address that the recipient can reply to declining any
further commercial e-mail messages from the sender.
2.2.3.4 As CAN SPAM covers both visual images as well as the written word, the
subject line must not contain text with written descriptions of Sexually
Explicit Conduct. Also the 'Brown Paper Wrapper' area of the email message
must not contain Materials with Sexually Explicit Conduct. Sexually Explicit
Conduct means actual or simulated sexual intercourse [including
genital-genital, oral-genital, anal-genital, or oral-anal, whether
heterosexual or homosexual]; bestiality; masturbation; sadistic or masochistic
abuse; or lascivious exhibition of the genitals or pubic area of a human
being.
2.2.3.5 Violation of the CAN-SPAM ACT may lead to civil and criminal
penalties. You should seek proper advice from a qualified legal specialist.
All violators will be terminated from the program in accordance with the terms
and conditions and we reserve the right to report violations of the Act.
2.3.4 Any violation of any anti-Spam law shall be deemed to be a material
breach of this Agreement. Your money will be held should you not comply
and Your account terminated for violation of this Terms and Conditions
Agreement.
2.3 You warrant that You will not copy or reproduce, alter, modify or change,
broadcast, distribute, transmit or disseminate any banners or other
promotional or advertising materials provided to You by us pursuant to this
Agreement and the Program, in whole or in part, in any manner, at any time
anywhere in the world except as authorized by us in writing;
2.4 You warrant that you will ONLY use promotional pictures and images
provided by us to promote websites that are included in the Program
2.5 You warrant that You will not include on Your web site, or link to, any of
the following within a website that contains our banners or links (or,
directly or indirectly, link any of the following content or material to any
DigitalPlaygroundCash website through any hyperlinks maintained or created on
Your Web Site):
Any material depicting bestiality, rape or torture;
Any material which is displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors;
Any material in which persons under the age of eighteen are
depicted in actual, simulated or suggestive sexual situations;
Any material that violates any law, regulation or rule, including, without limitation, any material not fully in compliance with 18 U.S.C. Sec. 2257 and 2257A et seq. and the regulations promulgated thereunder, including 28 CFR 75 et seq.;
Any material which constitutes child pornography or matter which involves depictions of nudity or sexuality by an age inappropriate-looking performer (i.e. someone who looks younger than 18 years of age), or by a performer who is portrayed or made to appear to be a person under the age of 18 years of age by virtue of the script, make-up, demeanor, costuming, setting, etc., such prohibited material including the use of the term 'lolita' for any purpose in any fashion including, but not limited to, within meta-based tags;
Any material which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;
Any material which constitutes an infringement, misappropriation or violation of any person's rights, including, without limitation any person.s intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or other rights; or
Any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature, regardless whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person.
2.6 You warrant that you shall at all times operate Your Web Site and Your
business in full compliance with all laws, regulations and rules that apply to
them, including, without limitation, the Protect Act which prohibits the use
of deceptive domain names for adult web sites. You also warrant that all
materials of every kind, including photographic, videographic, audio and
textual materials used in direct or indirect association with the Program, as
well as all materials provided to you through the Program shall only be
transmitted, distributed, broadcast and otherwise disseminated by You to
willing adults and shall at all times comply with contemporary community
standards in the communities into which they are so disseminated.
2.7 You warrant that You shall remain a Program participant until You notify
us of Your intent to terminate Your participation in the Program by notifying
us by e-mail at .webmasters@DigitalPlaygroundCash.com". Alternatively, Your
participation in the Program may be terminated by us for any reason at any
time. Also, You acknowledge and agree that the Program or any parts thereof
may be terminated for any reason.
2.8 You warrant that You will remain a Program participant in good standing at
all times You are receiving Program Benefits or are otherwise participating in
the Program.
2.9 You warrant that You shall cease to be a participant in good standing and
shall be subject to immediate termination of all Program Benefits without
prior notice if You fail to perform Your obligations under this Agreement or
breach any part of this Agreement.
2.10 You warrant that if Your participation in the Program is terminated for
any reason, You cease to be a Program Participant in good standing, You change
Your Web Site's URL or You cease to offer services on the Internet, You shall
immediately and permanently cease all use of all materials provided to You by
us through the Program and You further warrant that you will remove all files
containing materials provided to You pursuant to the Program from Your Web
Site.
2.11 You warrant that You are a person over the age of eighteen (18) years.
2.12 You warrant that You are the person who owns or is otherwise is entitled
to contract on behalf of the entity which owns the rights to Your Web Site.
2.13 You acknowledge and warrant thatYou are a resident residing in the United
States. You acknowledge and agree that only citizens or resident aliens of the
United States may participate in the Program and that You must supply us with
Your Federal Tax ID Number or Social Security Number that is representative
of, and exactly matches the payee name you provide to us. Your failure to
supply that information will constitute a basis for terminating this Agreement
and for forfeiting any commissions or fees to which You would otherwise be
entitled under this Agreement. To comply with IRS reporting requirements,
DigitalPlaygroundCash (via DoubleClickMedia, Inc.) uses a credit agency to
verify and/or modify Payee Name information as warranted.
2.14 You warrant that upon termination of this Agreement you will immediately
cease using DigitalPlaygroundCash trademarks and service marks and remove from
Your Web Sites any materials supplied to you by Us or referring to
DigitalPlaygroundCash, including without limitation any banner ads, from Your
Web Site.
2.15 You warrant that You or another person employed by Your company shall act
as a .Custodian of the Records. required to be maintained by 18 U.S.C. 2257
and 28 C.F.R. Part 75 for any and all images that may be used to promote or
market the Program regardless of who initially produced such images.
2.16 You warrant that You shall properly (and continuously) post the
statements in the manner (and the locations) required by Title 18 USC Section
2257 and 2257A (and the regulations promulgated thereunder) (the "Section 2257
Requirements") on Your Web Sites or other Internet areas You employ for the
promotion or marketing of our Program.
2.17 You warrant that any information in the nature of the legal names, dates
of birth, addresses, and other personal information of actors and models,
together with any and all information that is derived therefrom, which You may
receive from us for purposes of the Section 2257 Requirements, if any, shall
be treated by You as "Confidential Information;" that all of this Confidential
Information is the sole and exclusive property of us and that You shall use
the Confidential Information solely for the purpose of compliance with 18 USC
Section 2257 and/or 2257A and the regulations promulgated thereunder and for
no other purpose whatsoever.
2.18 You warrant that You shall protect any and all Confidential Information
by using the same degree of care, but no less than a reasonable degree of
care, to prevent the unauthorized use or dissemination of publication of the
Confidential Information as You would use to protect Your own confidential
information including compliance with any law governing the safekeeping or
protection of such Confidential Information. Without limiting the generality
of the foregoing, You shall not: (i) copy, reproduce, distribute or disclose
to any person, firm or corporation any of the Confidential Information
disclosed to You by us in any matter whatsoever; (ii) permit any third party
to have access to such Confidential Information; or (iii) use such
Confidential Information for any purpose other than in accordance with the
2257 Requirements.
2.19 You warrant that You shall hold harmless and indemnify Digital
Playground, Inc., its principals, directors, officers, shareholders, agents,
attorneys and assigns against any claim for damages, attorney.s fees, costs,
fines, financial penalties, and assessments resulting from Your failure to use
a reasonable degree of care to prevent the unauthorized use or dissemination
of the Confidential Information or resulting from Your failure to comply with
any law governing the safekeeping or protection of such Confidential
Information.
2.20 You warrant that You will keep such Confidential Information only so long
as you are required to do so by 18 U.S.C. 2257 and the regulations promulgated
thereunder, and that such Confidential Information will thereafter by promptly
destroyed in a manner that will not permit its dissemination to any other
person, firm, or corporation.
2.21 That all Your warranties, indemnities and obligations, which by their
nature are designed to survive termination, shall extend beyond the
termination of this Agreement.
3. Limitations Of Your Participation In The Program. You acknowledge and agree
that the Program, Your participation in the Program and Program benefits are
subject to the following limitations:
3.1 Only persons over the age of eighteen (18) years may participate in the
Program.
3.2 The Program shall at all times have the right, in its sole and exclusive
discretion, to terminate the Program and any and all Program Benefits relating
to Your Participation in the Program at any time and may do so with or without
prior notice or cause.
3.3 We also will retain the right at all times to terminate Your.s and/or any
other person's participation in the Program at any time and we may do so, at
Our election with or without prior notice or cause.
3.4 The Program, in its sole and exclusive discretion, shall have the right at
any time to change or modify the Program, including without limitation, the
right to pay Participants in the Program based on "click thrus" rather than a
flat commission or fee for a referral, as defined in paragraph 4.1. If at any
time DigitalPlaygroundCash changes the Program, you shall have the right to
withdraw and terminate Your participation in the Program.
3.5 Program Benefits are not transferable by You and may only be used by You
in association with Your Web Site while You are participating in the Program
and are a Participant in good standing.
3.6 All Program Benefits materials, including, without limitation, all
advertising banners, photographic materials, recordings, video, sound, and any
other form of intellectual property provided to You as part of this Program
shall remain the property of Digital Playground, Inc. and may not be copied or
reproduced, altered, modified or changed, broadcast, distributed, transmitted
or disseminated, sold or offered for sale in any manner, at any time anywhere
in the world except as expressly authorized in writing.
3.8 TRADEMARKS, COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
3.8.1 By entering this Agreement, you acknowledge and agree that all
intellectual property rights used by Us in or in connection with the Program
shall be and remain at all times Our sole property. You shall not during or at
any time after the expiration or termination of this Agreement in any way
question or dispute the ownership by us of any such rights.
3.8.2 You hereby acknowledge that Digital Playground is the sole and exclusive
owner of all rights, title and interest in the following trademarks (.Our
Trademarks.): DigitalPlaygroundCash.,
Digital Playground., Jesse
Jane., Virtual
Sex., Jack.s
Playground. and all Our series names and Our
web site names functioning as trademarks or service marks. All rights therein
are reserved to us exclusively. Nothing herein shall be construed as a grant
or assignment to you of any rights in any of our intellectual property,
including, without limitation, any of our trademarks or service marks. All use
of Our Trademarks is by permission only . All good will associated with the
use of Our Trademarks shall inure to the benefit of Digital Playground, Inc.
3.8.3 In the event that new trademarks, trade names or copyrighted materials are adopted or created during the currency of this Agreement, you hereby expressly acknowledge that the same shall be and at all times remain our property.
3.8.4 For each person who becomes a subscriber to a website owned, controlled
or operated by DigitalPlaygroundCash, and who has been tracked and verified as
a "referral" to a DigitalPlaygroundCash website from Your Web Site, you will
receive a "referral fee" as follows: Click here to
review Payouts disclosure.
4.1 A "referral" from Your Website which entitles You to a "referral fee"
shall be defined as follows:
4.1.1 A person who has been directed to an authorized Program web site owned,
controlled or operated by Us through the use of a hypertext transfer link
residing on Your Web Site which is in the form of a banner ad or other
promotional link which automatically connects any person who clicks on said
banner ad or other promotional link to a DigitalPlaygroundCash web site, and
which banner ad or other promotional link has been supplied to You as part of
the Program; or
4.1.2 A person who after having been directed to an authorized
DigitalPlaygroundCash web site through the use of the hyperlink banner ad or
other promotional link supplied to You residing on Your Web Site has been
converted into a subscriber.
4.1.3 A person shall not be deemed a "referral" entitling you to a commission or "referral fee" if that person leaves the DigitalPlaygroundCash web site after having been directed there through the hyperlink banner ad or other promotional link (which has been supplied to you ) on Your Web Site, without becoming a DigitalPlaygroundCash subscriber, even if at some later time that same person returns to the DigitalPlaygroundCash web site, not through the banner ad or other promotional link (which has been supplied to you ) on Your Web Site, and at that later time becomes a subscriber to the DigitalPlaygroundCash web site. You shall not be entitled to any referral fee or commission for a subscription that has been refunded. We may, at Our election, deduct the amounts of past referral fees and commissions you have received from Us which you were not entitled to receive from amounts otherwise due You from Your participation in the Program.
4.2 You acknowledge and agree that You shall not be entitled to a commission
or referral fee for any DigitalPlaygroundCash subscriber who you sent or
referred to a DigitalPlaygroundCash web site in violation of the terms of this
Agreement, or for any DigitalPlaygroundCash subscriber who does not fall
within the terms of paragraphs 4.1.1 or 4.1.2 or who is excluded under the
terms of paragraph 4.1.
4.3 You also acknowledge and agree that You shall not be entitled to a
commission or referral fee from DigitalPlaygroundCash for any subscription
which DigitalPlaygroundCash determines is the result of possible fraudulent or
illegal activity. You further acknowledge and agree that DigitalPlaygroundCash
shall have the right, in its sole and exclusive discretion, at any time to
expand or modify what it determines to constitute possible fraudulent or
illegal activity. Without limiting the foregoing, possible fraudulent activity
shall include without limitation, the following circumstances or activities:
4.3.1 Where the subscriber has used or attempts to use a credit card number which is in a negative data base;
4.3.2 Where there are multiple subscriptions from a single IP address within a short period of time;
Where there are sequential or multiple subscriptions under different names, or variations of the same name using the same credit card number, or sequential names or patterns of names using different credit card numbers;
Where there is a pattern of "bursting subscriptions" characterized by numerous subscriptions from a website in a relatively short time span (the "bursting period"), where there has been history of few subscriptions from that website before or after the bursting period;
Where there has been an attempt to put through a credit card with a bin number that is listed in a negative bin number database; or
Where there have been sequential or multiple attempts to register or subscribe from a credit card using the same bin number and sequential or multiple number strings to complete the credit card number.
4.4 You acknowledge and agree that DigitalPlaygroundCash shall have the right
to deny or withhold payment from You and to terminate You from the Program if
there has been an abnormal number of chargebacks or cancellations of
memberships or subscriptions which have been referred to DigitalPlaygroundCash
through Your Web Site. You further acknowledge and agree that
DigitalPlaygroundCash shall have the right, in its sole and exclusive
judgment, to determine what constitutes an abnormal number of chargebacks or
cancellations of memberships or subscriptions.
4.5 All commissions and referral fees due and payable hereunder shall be
payable in United States Dollars and shall survive termination of this
Agreement.
4.6 DigitalPlaygroundCash reserves the right, in its sole and exclusive
discretion, at any time to alter or modify the Program including the method
and terms of all payment benefits to participants. Upon notice of any change
in benefits under the Program, You shall have the right to withdraw or
terminate Your participation in the Program. Changes in the Program, including
changes in Program Benefits shall be posted on Our site at:
http://nats.digitalplayground.com
5. No Joint Or Collaborative Venture; No Monitoring Or Control Of Your Content
By Us. Nothing in this Agreement is intended by us or You to create or
constitute a joint or collaborative venture or partnership of any kind between
You and Us, nor shall anything in this Agreement be construed as constituting
or creating any agency, employment relationship, joint or collaborative
venture or partnership between You and DigitalPlaygroundCash, its employees,
agents or assigns.
5.1 You acknowledge and agree that We shall have no control nor ownership
interests of any kind in Your business or Your Web Site.
5.2 You acknowledge and agree that You shall have no financial or other
interest in DigitalPlaygroundCash or any property owned by
DigitalPlaygroundCash, its affiliates, agents, successors or assigns.
5.3 You acknowledge and agree that Your relationship with Us shall be
restricted to matters pertaining to the Program exclusively and shall be
governed entirely by the terms and conditions of this Agreement.
5.4 You acknowledge and agree that We have no direct or indirect control over
the content of performances or services, the manner of performances or
services, or the time or duration of provision of performances or services by
You on, at or in association with Your Website.
5.5 You further acknowledge that neither DigitalPlaygroundCash nor any
employee, associate, agent, assign or successor of DigitalPlaygroundCash shall
exert or provide any direct or indirect control over, monitoring of,
supervision of, prior approval of, or review of the content appearing or
otherwise distributed on, at or in association with Your Web Site, and that
You shall be solely responsible for any legal liabilities or consequences
resulting from the dissemination of that content on or through Your Web Site.
6. No Guarantees Or Warranties Of Any Kind. You acknowledge and agree that
DigitalPlaygroundCash makes no guaranties or warranties of any kind with
respect to the Program or materials provided by, through or in association
with the Program, and all materials are provided to You "as is", and that use
of the Program and associated materials, including, without limitation is
solely at Your risk. DigitalPlaygroundCash disclaims all warranties, either
express or implied including, but not limited to, express or implied
warranties of merchantability and fitness for a particular purpose, with
regard to the Program and any and all materials of every kind supplied to You
as part of this Program.
7. DigitalPlaygroundCash Limited Liability and Liquidated Damages. You
acknowledge and agree that under no circumstances shall DigitalPlaygroundCash,
its employees, independent contractors, authors, agents, representatives,
assigns and successors be liable to You, or any other person or entity, for
any direct or indirect losses, injuries or incidental or consequential damages
of any kind (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard
to any link to any DigitalPlaygroundCash website, or arising from or in
connection with the use of the DigitalPlaygroundCash Program materials, or due
to any mistakes, omissions, delays, errors, interruptions in the transmission,
or receipt of DigitalPlaygroundCash's services, content or Program materials,
including without limitation any losses due to server problems or due to
incorrect placement of HTML.
7.1 Notwithstanding the foregoing express limitations of liability, you
acknowledge and agree that should DigitalPlaygroundCash, its officers,
employees, successors, or assigns be held liable to You for damages, injuries
or losses of any kind, directly or indirectly resulting from Your
participation in the Program, that the total dollar amount of liquidated
damages for any and all of Your claims, injuries, damages or losses shall not
exceed a total of ten dollars ($10.00).
8. No Representations Of Success Or Profitability.
8.1 You hereby confirm and acknowledge that You have unilaterally decided to enter into an Internet service business and acknowledge that it is a high risk business. You further confirm, acknowledge and expressly agree that neither DigitalPlaygroundCash, any agent or representative of DigitalPlaygroundCash, nor any other person has at any time in the past, represented to You or has otherwise directly or indirectly communicated in any manner to You any guarantee, reassurance or any other communication of any kind regarding:
8.1.1 the potential profitability or likelihood of success of Your
participation in the Program as set forth in this Agreement or otherwise;
8.1.2 the possibility or likelihood that use of any products and/or services
provided pursuant to this Agreement can or will result in the recoupment of
any funds expended by You for the promotion of Your Web Site or any other
purpose; or
8.1.3 the existence, nonexistence, size or any other characteristics of any
market for any products or services which involve Your participation in the
Program pursuant to this Agreement.
8.2 You expressly acknowledge and agree that the success of any business
endeavors which involve Your participation in the Program pursuant to this
Agreement, like any other business endeavor, is subject to numerous factors,
such as the effectiveness of advertising and promotion, Your administrative
capabilities, etc., and that the ultimate success or failure of Your business
rests with You and not DigitalPlaygroundCash. You further expressly agree not
to raise any claim of any kind against DigitalPlaygroundCash and You agree to
hold DigitalPlaygroundCash harmless from any claim of loss to You directly or
indirectly resulting from Your decision to participate in the Program pursuant
to this Agreement.
9. No Monitoring Or Supervision Provided By Us. We shall not monitor,
supervise or review, and shall not be responsible for any content appearing or
otherwise distributed on, at or in association with Your Web Site except for
that content which is supplied to You by us, provided that said content
supplied to You by us has not been altered or modified by You or any other
party.
10. Term And Termination Of Agreement. You acknowledge and agree that the term
of this Agreement is at will, and this Agreement and/or the
DigitalPlaygroundCash Program may be terminated by DigitalPlaygroundCash, in
its sole and exclusive discretion, at any time, without any advance notice and
for whatever reason.
10.1 In the event that this Agreement or the DigitalPlaygroundCash Program is
terminated by DigitalPlaygroundCash, You shall be entitled to all unpaid
commissions or referral fees earned by You prior to the date and hour of
termination. However, You shall not be entitled to receive any commissions or
referral fees for any "referrals" delivered or received after the date and
time of termination.
11. Entire Agreement; Modification; Assignment. This Agreement constitutes the
entire agreement between You and DigitalPlaygroundCash with respect to the
subject matter hereof, and supersedes and cancels all other prior agreements,
discussion, or representations, whether written or oral.
11.1 You agree that DigitalPlaygroundCash may from time to time, in its sole
and exclusive discretion, modify the type and quality of Program Benefits
provided to You hereunder either with or without notice. Other terms and
conditions may be modified by us at any time upon e-mail notice to You or by
posting at a DigitalPlaygroundCash information web address location.
11.2 You agree that no modification of this Agreement by You, Your employees,
representatives, agents, assigns or successors shall be enforceable or have
any effect unless first reduced to writing and signed by a duly authorized
representative of DigitalPlaygroundCash.
11.3 You agree that no officer, employee or representative of You or
DigitalPlaygroundCash has any authority to make any representation or promise
in connection with this Agreement or the subject matter thereof which is not
contained expressly in this Agreement; and You acknowledge and agree that You
have not executed this Agreement in reliance upon any such representation or
promise.
11.4 You acknowledge and agree that the failure of DigitalPlaygroundCash to
enforce any of the specific provisions of this Agreement shall not preclude
any other or further enforcement of such provision(s) or the exercise of any
other right hereunder.
11.5 You agree that all promises, obligations, duties and warranties made by
You in this Agreement are personal to You and that neither they nor any
benefits hereunder may be assigned by You to any other person or entity.
11.6 You agree that DigitalPlaygroundCash may at any time, and without prior
notice to you, freely assign all or part of its duties, obligations and
benefits hereunder.
12. Arbitration. Any dispute or claim arising under or with respect to this
Agreement which is incapable of resolution will be resolved by arbitration
before one (1) arbitrator in Los Angeles, California in accordance with the
Rules for Commercial Arbitration of the American Arbitration Association
["AAA"]. The appointing agency shall be the AAA and the arbitrator shall apply
California law to both interpret this Agreement and fashion an award.
The decision or award of the arbitrator shall be final and binding upon the
parties. Any arbitral award may be entered as a judgment or order in any court
of competent jurisdiction.
NOTICE: YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS
INVOLVING THIS AGREEMENT TO BE DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MAY POSSESS TO HAVE THE
DISPUTE LITIGATED IN A COURT OR JURY TRIAL. IN SO AGREEING YOU ARE ALSO GIVING
UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. IF YOU REFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO
ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
NEVERTHELESS YOUR AGREEMENT TO THIS ARBITRATION IS VOLUNTARY.
13. All Provisions Of This Agreement Not Deemed Unenforceable Shall Survive.
In case any one or more of the provisions contained in this Agreement 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. The invalidity
or unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision.
14. Review By Your Attorney. We strongly advise that You review this Agreement
with Your attorney before You enter into it. You acknowledge and agree that
nothing herein and no statement by Us or any employee, representative, agent
or other person associated with us 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 the terms of this Agreement are reasonable
and fair; all terms have been fully disclosed in writing, and that You have
been given a reasonable chance to seek advice of independent counsel with
respect to this Agreement and all transactions associated herewith.
16. Acceptance And Execution Of This Agreement.
16.1 By clicking on the "SUBMIT FORM" button on the DigitalPlaygroundCash Sign-Up Page or by supplying DigitalPlaygroundCash with all the required information to sign You up to the DigitalPlaygroundCash Program, You are acknowledging that You have completely read and understand this Agreement and our Privacy Policy in its entirety and that You agree to and accept all of the terms, conditions, promises, warranties, duties, obligations and other provisions set forth in this Agreement and our Privacy Policy.
You also agree that you shall be deemed to have affirmed and agreed to all the provisions of this Agreement and our Privacy Policy and all posted modifications thereof in their entirety by any means that may reasonably be interpreted as an act of affirmation, agreement, acceptance or acknowledgement of the foregoing, including, without limitation, use of the Site, by clicking any hyperlink that indicates that you accept these Terms and Conditions , such as that posted here , or by not opting out of such agreement, for example by not un-checking or deactivating a checked box indicating that you accept these Terms and Conditions.
You also agree that each time you access or otherwise use the Site and/or any services offered in, at, through or in association with the Site, that you re-agreeing to be bound by these Terms and Conditions and you are re-acknowledging and reaffirming this Agreement in its entirety, as well as our Privacy Policy , with respect to the latest form or version posted or otherwise effective contemporaneously with your subsequent access or use.
You further agree that each time you receive a Program Benefit, such as by depositing a commission or referral payment from Us, You are reaffirming and re-acknowledging that you have read and understand this Agreement and Our Privacy Policy and agree to all their provisions.