MoMo Money Partnership Agreement
Welcome to MoMo Money Partnership Program. Before you can become a participant
in the MoMo Money Partnersip Program, also sometimes referred to the MoMo Money(hereafter
the Program) you must first read and agree to all of the following terms and
conditions. Please read the following CAREFULLY.
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 MoMo Money Partnersip Program, You will be bound
by all the terms and conditions in this Agreement.
- 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:
- The non-exclusive right to direct, refer or send visitors
or users of Your Website to websites owned or operated by MoMoSystem or licensed
to Greensted or Crowngate (the MoMoSystems Websites).
- A limited nonexclusive, nontransferable and revocable license
to access and download promotional banners, and other promotional materials
created by ADMINISTRATOR for use on Your Website for the exclusive purpose
of advertising, marketing or promoting the MoMoSystems Websites; however,
the license herein granted shall automatically and immediately cease upon
the termination of this Agreement.
- Your Warranties To Us. In consideration of ADMINISTRATOR
providing You with MoMo Money Partnersip Program benefits, You agree and warrant as
follows:
a) That You will at no time while You are participating in
the MoMo MoneyPartner Program, or using any materials provided to You by Us,
directly or indirectly display or include on Your Website any advertising
or advertising links of any kind which promote MoMoSystems Websites, other
than those advertisements or ad links which have been pre-approved by Us,
in compliance with this Agreement, and which advertise MoMoSystems Websites
or other sites, companies, products or other wide area network addresses which
We designate. The above applies to our MoMo Money advertisements. This agreement
does not preclude your advertising other programs on your site as well.
b) That You will use best efforts to actively promote Your Website and increase the number of appropriate visitors to it.
c) That You will use best efforts to actively promote Your
Website and increase the number of appropriate visitors to it.
d) That You will at no time while You are participating in
the MoMo MoneyPartner Program, or using any materials provided to You by Us,
directly or indirectly display or include on Your Website any advertising
or advertising links of any kind which promote MoMoSystems Websites, other
than those advertisements or ad links which have been pre-approved by Us,
in compliance with this Agreement, and which advertise MoMoSystems Websites
or other sites, companies, products or other wide area network addresses which
We designate. The above applies to our MoMo Money advertisements. This agreement
does not preclude your advertising other programs on your site as well.
e) That You will use best efforts to actively promote Your
Website and increase the number of appropriate visitors to it.
f) That You will not use any form of mass unsolicited electronic
mail solicitations, news group postings, IRC posting or any other form of
Spamming as a means of promoting Your Website or for the purpose of directing
or referring users to any MoMoSystems Websites. You further acknowledge and
agree that We have the right to immediately, and without notice, terminate
your participation in the Program if we, in our sole and exclusive judgement,
conclude that you have engaged in the use of any form of mass unsolicited
electronic mail solicitations, news group postings, password selling or trading,
warez, IRC posting or any other form of Spamming .. NOTE: WE HAVE ZERO TOLERANCE
FOR SPAMMING. IF YOU SPAM, YOUR PARTICIPATION IN THE PROGRAM WILL BE TERMINATED,
YOU WILL BE BARRED FROM FUTURE PARTICIPATION IN THE PROGRAM AND ALL FUNDS
OTHERWISE DUE TO YOU WILL BE FORFEITED TO THE COMPANY.
g) hat 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;
h) That You will not, directly or indirectly, link any of the
following content or material to any MoMo Websites through any hyperlinks
maintained or created on Your Website:
(i) Obscene material, including without limitation any material
depicting bestiality, rape or torture.
(ii) Any material which is displayed or transmitted in a way
as to constitute harmful matter or indecent communications to minors;
(iii) Any material in which persons under the age of eighteen
are depicted in actual, simulated or suggestive sexual situations;
(iv) Any material not fully in compliance with 18 U.S.C. Sec.
2257 et seq.;
(v) 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;
vi) Any material which is threatening, abusive, hateful, defamatory,
libelous, slanderous, scandalous or injurious to the reputation of any person
or entity;
(vii) Any material which constitutes an infringement, misappropriation
or violation of any persons intellectual property rights such as copyrights,
trademark rights, rights of publicity, patent rights, personal property rights,
privacy rights or other rights; or
(viii) 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.
i) That all materials of every kind, including photographic,
videographic, audio and textual materials used in direct or indirect association
with materials provided 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.
j) That You shall remain a Program Participant until You terminate
participation in the program by notifying ADMINISTRATOR by E-mail at partner@MoMoSystems.com
of Your intent to terminate Your participation; or Your participation in the
Program is terminated by ADMINISTRATOR for any reason; or the Program is terminated
by ADMINISTRATOR for any reason.
k) That You will remain a Program Participant in good standing
at all times You are receiving benefits or are otherwise participating in
the Program.
l) That You shall cease to be a Participant in good standing
and shall be subject to immediate termination of all Benefits without prior
notice if You fail to perform under or breach any part of this Agreement.
m) That if Your participation in the Program is terminated
for any reason, You cease to be a Program Participant in good standing, 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
that you will remove all files containing materials provided to You pursuant
to the Program from your website.
n) That You are a person over the age of eighteen (18) years,
or over the age of twenty one (21) in those states where 21 is the age of
majority.
n) That You are the person who owns or is otherwise is entitled
to contract on behalf of the entity which owns the rights to the Your Website.
o) That you will supply ADMINISTRATOR with a Federal Tax ID
or Social Security Number when requested, and that 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.
p) That upon termination of this Agreement you will immediately
cease using ADMINISTRATOR marks and remove any materials supplied to you by
ADMINISTRATOR or referring to the MoMo Websites, including without limitation
any banner ads, from Your Website.
q) That all Your warranties, indemnities and obligations,
which by their nature are designed to survive termination, shall extend beyond
the termination of this Agreement.
- 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:
a) Only persons over the age of eighteen (18) years , or persons
over the age of twenty one (21) in those states where 21 is the age of majority,
may participate in the Program.
b) ADMINISTRATOR 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.
c) ADMINISTRATOR, 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 throughsErather
than a flat commission or fee for a referral, as defined in paragraph 4.1.
If at any time ADMINISTRATOR changes the Program, you shall have the right
to withdraw and terminate your participation in the Program.
d) ADMINISTRATOR has the right to terminate Yours and any other
persons participation in the Program at any time and may do so with or without
prior notice or cause.
e) Program Benefits are not transferable by You and may only
be used by You in association with Your Website while You are participating
in the Program and are a Participant in good standing.
f) 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 by ADMINISTRATOR
as part of this Program shall remain the property of ADMINISTRATOR 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 by ADMINISTRATOR
in writing.
g) MoMo Money Partnersip Program, MoMo Money and www.MoMoSystems.com
are service marks or trademarks of ADMINISTRATOR. All rights are reserved.
Nothing herein shall be construed as a grant or assignment of any rights in
any intellectual property owned by ADMINISTRATOR, including, without limitation,
any of its trademarks or service marks.
- MoMo Money Partnersip Program Benefits. For each person who becomes a
subscriber to MoMoSystems Websites, and who has been tracked and verified
by ADMINISTRATOR as a referral to one of the MoMoSystems Websites from Your
Website, you will receive a referral fee or commission as set forth at the
Payout Details link located at www.MoMoSystems.com/e/
a) A referral from Your Website which entitles YOU to a referral
fee or commission shall be defined as follows:
(i) A person who has been directed to one or more of the MoMoSystems
Websites through the use of a hypertext transfer link residing on Your Website
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 one or more of the MoMoSystems Websites, and which banner ad or other promotional
link has been supplied to YOU by ADMINISTRATOR as part of the MoMo Money Partnersip
Program; and
(ii) A person who after having been directed to one or more
of the MoMoSystems Websites through the use of the hyperlink banner ad or
other promotional link supplied to You by ADMINISTRATOR residing on Your Website
has been converted into a subscriber by the operator of such sites;
b) You acknowledge and agree that You shall not be entitled
to a commission or referral fee for any MoMoSystems Websites subscriber who
you sent or referred to one or more of the MoMoSystems Websites in violation
of the terms of this Agreement, or for any MoMoSystems Websites subscriber
who does not fall within the terms of paragraphs 4.a (i) & (ii).
c) You also acknowledge and agree that You shall not be entitled
to a commission or referral fee from ADMINISTRATOR for any subscription which
ADMINISTRATOR determines is the result of possible fraudulent activity. You
further acknowledge and agree that ADMINISTRATOR shall have the right, in
its sole and exclusive discretion, at any time to expand or modify what it
determines to constitute possible fraudulent activity. Without limiting the
foregoing, possible fraudulent activity shall include without limitation,
the following circumstances or activities:
(i) 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;
(ii) 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.
d) You acknowledge and agree that ADMINISTRATOR shall have
the right to terminate the program at any time, for any reason, or for no
reason at all, in its sole and absolute discretion.
e) All commissions and referral fees due and payable hereunder
shall be payable in United States Dollars and shall survive termination of
this Agreement.
f) The commissions or referral fees payable as part of the
Program shall be listed at the Payout Details link located at www.MoMoSystems.com/e/,
and ADMINISTRATOR 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. Any changes posted in the Payout
Details link shall be binding upon all Participants, including you, immediately
upon posting said changes at that link by ADMINISTRATOR. It shall be your
sole obligation to check the Payout Details link to determine if there have
been any changes in the Program.
- 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 ADMINISTRATOR, its employees,
agents or assigns.
a) You acknowledge and agree that We shall have no control
nor ownership interests of any kind in Your business or Your Website.
b) You acknowledge and agree that You shall have no financial
or other interest in ADMINISTRATOR or any property owned by ADMINISTRATOR,
its affiliates, licensees, agents, successors or assigns.
c) 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
d) 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 except as specifically set
forth in this Agreement.
e) You further acknowledge that neither ADMINISTRATOR nor any
employee, associate, agent, assign or successor of ADMINISTRATOR 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 Website, and that You shall be solely responsible
for any legal liabilities or consequences resulting from the dissemination
of that content on or through Your Website.
- No Guarantees Or Warranties Of Any Kind. You acknowledge
and agree that ADMINISTRATOR 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 Program and associated materials, including, without limitation is solely
at Your risk. ADMINISTRATOR 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.
- ADMINISTRATOR Limited Liability and Liquidated Damages. You
acknowledge and agree that under no circumstances shall ADMINISTRATOR, its
employees, independent contractors, licensees, 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 of the MoMoSystems Websites, or arising from or in connection with
the use of the MoMo MoneyPartner Program materials, or due to any mistakes,
omissions, delays, errors, interruptions in the transmission, or receipt of
ADMINISTRATOR services, content or Program materials, including without limitation
any losses due to server problems or due to incorrect placement of HTML.
a) Notwithstanding the foregoing express limitations of liability,
you acknowledge and agree that should ADMINISTRATOR, its officers, employees,
successors, licensees 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).
- No Representations Of Success Or Profitability. You hereby
confirm and acknowledge that You have unilaterally decided to enter an Internet
service business and acknowledge that it is a high risk business. You further
confirm, acknowledge and expressly agree that neither ADMINISTRATOR, any agent,
licensee or representative of ADMINISTRATOR, 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:
a) the potential profitability or likelihood of success of
Your participation in the Program as set forth in this Agreement or otherwise;
b) the possibility or likelihood that use of any products and/or
services provided by ADMINISTRATOR pursuant to this Agreement can or will
result in the recoupment of any funds expended by You for the promotion of
Your Website or any other purpose; or
c) 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.
d) You expressly acknowledge and agree that the success any
of its 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 ADMINISTRATOR. You further expressly
agree not to raise any claim of any kind against ADMINISTRATOR or any of its
licensees and You agree to hold ADMINISTRATOR harmless from any claim of loss
to You directly or indirectly resulting from Your decision to participate
in the Program pursuant to this Agreement.
- 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 Website
including any content which You have received from Us. You assume the full
and sole responsibility and liability for the decision to display or include
content on Your website, to distribute or make the content available to the
viewers of Your website in various geographical areas, and for all decisions
relating to the manner in which You permit or restrict access to Your website.
- Term And Termination Of Agreement. You acknowledge and agree
that the term of this Agreement is at will, and this Agreement and/or the
MoMo MoneyPartner Program may be terminated by ADMINISTRATOR, in its sole and
exclusive discretion, at any time, without any advance notice and for whatever
reason.
a) In the event that this Agreement or the MoMo Money Partnersip
Program is terminated by ADMINISTRATOR, 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 meferralsEdelivered or received by ADMINISTRATOR after the date
and time of termination.
- Entire Agreement; Modification; Assignment. This Agreement
constitutes the entire agreement between You and ADMINISTRATOR with respect
to the subject matter hereof, and supersedes and cancels all other prior agreements,
discussion, or representations, whether written or oral.
a) You agree that ADMINISTRATOR may from time to time, in
its sole and exclusive discretion, modify the type and quality of 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 MoMo Money Partnersip information web address location.
b) You agree that no modification of this Agreement by You,
Your employees, representatives, agents, assigns or successors shall be enforceable
of have any effect unless first reduced to writing and signed by ADMINISTRATOR
duly authorized representative.
c) You agree that no officer, employee or representative of
You or ADMINISTRATOR 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.
d) You acknowledge and agree that the failure of ADMINISTRATOR
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.
e) 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.
f) You agree that ADMINISTRATOR may at any time, and without
prior notice to you, freely assign all or part of its duties, obligations
and benefits hereunder.
- Arbitration; Choice of Law. Any and all disputes as to the
interpretation of or any performance under this Agreement which are not first
resolved informally, shall be determined by binding arbitration in British West Indies,
British West Indies in accordance with the rules of the American Arbitration Association.
The final award in any such arbitration proceeding shall be subject to entry
as a judgment by any court of competent jurisdiction, provided that such judgment
does not conflict with the terms and provisions hereof. The jurisdiction of
the arbiter (or arbiters) with respect to legal matters shall be limited only
by the statutory and common law of the British West Indies and the United States.
a) This Agreement is executed in British West Indies and all its
provisions shall be governed by and construed according to the laws and judicial
decisions of the British West Indies and the United States when applicable.
- All Provisions Of This Agreement Not Deemed Unenforceable
Shall Survive Any Unenforceable Provisions. 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.
- This Agreement Shall Be Deemed To Be Mutually Drafted. For
purposes of construction of this Agreement, both ADMINISTRATOR and You shall
be deemed to have mutually drafted this Agreement and all parts thereof.
- 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.
- Acceptance And Execution Of This Agreement. By CLICKING
ON THE I ACCEPT EBUTTON on the signup form, and by supplying ADMINISTRATOR
with all the required information to sign You up to the MoMo Money Partnersip Program,
You are acknowledging that You agree to all of the terms, conditions, promises,
warranties, duties and obligations set forth in the above Agreement.
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