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PUBLISHER AGREEMENT

This Agreement contains the terms and conditions, which apply to your participation as a member of the Publisher Programs operated by Cashfiesta.com (also referred to as "COMPANY," "we" or "us"). As used in this Agreement, "you" or "your" means Publisher. The Revenue Share Program and the Per Active Member Program are collectively referred to in this Agreement as the "Affiliate Program". Cashfiesta.com can launch other Publisher Programs in the future. Some of these programs may contain additional terms and conditions, and may require approval from Cashfiesta.com

This is a legal agreement between you and COMPANY. By submitting your registration information you are affirmatively stating that you have read and understand the terms and conditions set forth herein, and you are accepting these terms and conditions. You cannot become a member of the Publisher Programs unless you have read and accepted each and every term hereof. You warrant that all information provided in the Publisher Application Form is true and accurate. You warrant and agree to promptly update your account information should it change or should additional information be required by Cashfiesta.com for legitimate tax-related purposes or any other reason required by applicable law. Cashfiesta.com is not responsible for lost payments or communications due to your failure to provide us with valid contact information as reasonably necessary. Cashfiesta.com reserves the right to terminate any account if it contains false or inaccurate information, or is found to breach the terms of this Agreement.

I. Affiliate Program Membership Terms And Conditions:
  1. Objective. We want to reward you as a Publisher for connecting members to our site. We offer two Affiliate Program types: Per Active Member Program and Revenue Share Program (collectively referred to as "Affiliate Program"). You can only participate in one Affiliate Program type.
  2. Definitions:
    1. "Special Offer" is an offer placed in the Special Offers section of the Cashfiesta.com consumer site: http://www.cashfiesta.com/php/offers.php
    2. "Merchant", "Partner", or "Marketer" as used in this Agreement means provider of "Special Offers".
    3. "Valid Registration for a Special Offer" is an action done through a link in the Special Offers section of the Cashfiesta.com site that meets all Cashfiesta.com and respective merchant's requirements, and whose registration data is not already known to or possessed by the merchant.
    4. "Active Member" is a member who complies with all clauses of the Cashfiesta.com consumer site Member Agreement, and who does at least one "Valid Registration for a Special Offer", which registration is included in the report from the merchant for the particular period.
    5. "Referred Member" is a member who joins Cashfiesta.com consumer site through Publisher links, and who complies with all clauses of the Cashfiesta.com consumer site Member Agreement.
    6. "Referred Active Members" are "Active Members" who join Cashfiesta.com through Publisher links.
    7. "Special Offer Points" are points received from Cashfiesta.com members (members of our consumer site) for "Valid Registrations". 1,000 Special Offer points equal $1.
  3. Enrollment. To become a member of the Cashfiesta.com Affiliate Program, you shall first submit a completed Publisher Application Form through the Publisher section of our website. You will then receive a confirmation email from us. We may reject your application if, in our sole discretion, we determine that your site(s) is unsuitable for the Affiliate Program for any reason.
  4. Term. Your Affiliate Program membership will begin upon registration of your account 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 immediate notice of termination. Notice by e-mail, to your e-mail address in our records, or notice posted on our site, is considered sufficient notice for us to terminate this Agreement. We may immediately terminate this Agreement without notice if: (a) You are in breach of any clause of this Agreement or any other agreement to which Publisher and Cashfiesta.com are a party (Trying to refer yourself, or to get more than deserved credits in other ways, is considered breach of this Agreement); (b) You are aiding in or promoting circumvention of the Cashfiesta.com Service; (c) You are acting against the business interests or reputation of Cashfiesta.com; (d) You are otherwise acting unlawfully in relationship to Cashfiesta.com, the Cashfiesta.com website or the Cashfiesta.com Service. If this Agreement is terminated due to the above four causes, you are not eligible to receive any commission 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 a commission earned 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. Terminated accounts, except when terminated by Publisher, or for insufficient activity, cannot later apply to the Publisher Programs without our express written consent.
  5. Compensation. Cashfiesta.com agrees to remit to Publisher a commission payable in the amounts and on the terms as set forth in this Agreement as well as in accordance with all applicable Partner Specific Terms for all Special Offers.
    1. Per Active Member Program Commission. Publishers participating in the Per Active Member Program shall receive $1 (1 US Dollar) for each Referred Active Member of the Cashfiesta.com consumer site.
    2. Revenue Share Program Commission. Publishers participating in the Revenue Share Program shall receive 50% of the Special Offer points of all Cashfiesta.com members referred by them.
    3. Account credit. We shall credit Publisher accounts after we receive reports from Merchants for the Special Offers done by Referred Members. In the event that Cashfiesta.com erroneously credits an account, Publisher authorizes Cashfiesta.com to debit Publisher's account with an amount not to exceed the amount of the erroneous credit.
    4. Payments. Subject to the terms of this agreement, Cashfiesta will make a payment to you within a reasonable time after you have accumulated in your account at least US$50, and you have requested payment using Request Payment page at Cashfiesta.com. Cashfiesta assumes no responsibility for lost, stolen or misdirected checks. If your payment information has changed, please, remember to update your profile on the Edit Profile page in the Publishers section.
    5. Credited but not requested commissions, as well as commissions of less than $50, shall carry over to the next regularly scheduled payment period. Amounts credited to Publisher accounts shall not bear interest.
  6. Use Of Cashfiesta.com Affiliate Links. You may place Cashfiesta.com affiliate links on web pages, in newsletters, or emails. Before placing our links, however, you have to make sure you comply with all clauses of this Agreement, including our ANTI-SPAM POLICY. In utilizing the links, you agree that you will cooperate fully with us in order to establish and maintain such link or links. A link may only be modified with our consent. If you establish or cause to be established any promotion that provides any rewards, points or compensation for leads, clicks, or sales to/through the Cashfiesta.com site, you assume full responsibility for these promotions. Cashfiesta.com is in no way liable for the rewards, points, or compensation promised. If you allow third parties ("Sub-Publishers") to place Cashfiesta.com links on their Web sites or in e-mails, or newsletters, you assume full responsibility that these third parties conform to the terms and conditions of this Agreement. Any default on the part of your "Sub-Publishers" shall be considered your default, and you shall be liable to Cashfiesta.com for any and all damages that Cashfiesta.com suffers as a result of actions of your "Sub-Publishers". Any fraud committed by your "Sub-Publishers" shall be considered fraud committed by you as per the Fraud clause of this Agreement.
II. General Provisions:
  1. Age. In order to enroll and participate in the Publisher Programs, you must be over the age of eighteen (18) years, or over the age of majority if you reside and/or conduct business in states, provinces or countries where the age of majority is greater than eighteen (18) years. You may not participate in the Publisher Programs if you are not of the age of majority in the state, province or country where you reside and/or conduct business.
  2. Accounts Non-Transferable. Your password and account are personal to you and are not transferable. You may not allow anyone else to use your password or account or to receive payments directed to you. You may not use anyone else's password or account or act to accrue earnings for anyone else's account. You are responsible for keeping your password secret. Cashfiesta.com will not be liable for losses that are incurred through the use of your password by a third party or the disclosure of your password or account.
  3. Monitoring Your Account Balance. You may view your account balance at any time on the Stats page in the Publishers section. At this point, the account information is not updated in real-time as credits are accrued, but we will try to keep the amounts updated in a reasonable fashion. If you have a question about your account balance, contact
  4. Canceling Your Account. You can cancel your Publisher account at any time by notifying Cashfiesta.com at . If you decide to cancel your Publisher account and later wish to re-enroll, you may be assigned a new account number and you will not receive credit from your previous account.
  5. Modification: Cashfiesta.com reserves the right to revise these terms from time to time at our sole discretion by updating this posting. Unless otherwise provided, the revised terms will take effect when they are posted. Notice of any change by e-mail, to your address in our records, or notice posted on our site, is considered sufficient notice to you of a change to the terms and conditions of this Agreement. Your continued participation in the Publisher Programs will signify your acceptance to the modified terms.
  6. Relationship. You and COMPANY 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 have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site(s) or otherwise, that reasonably would contradict anything in this Agreement. You are not an agent of the COMPANY and COMPANY expressly disclaims responsibility for any conduct by you in violation of the terms of this Agreement. We shall have no responsibility for the development, operation and maintenance of your site(s) and for any materials that appear on your site(s). You shall be solely responsible for ensuring that materials posted on your site(s) do not violate or infringe upon any laws or the rights of any third party. You are fully responsible for filing local, state, or federal or any other taxes if applicable on any compensation received as a result of your participation in the Cashfiesta.com Publisher Programs. U.S. CITIZENS ONLY: When/If your annual earnings through the Cashfiesta.com Publisher Programs reaches $500.00, Cashfiesta.com will request your Social Security number and/or other appropriate tax-related information to use to comply with federal and state tax regulations. Cashfiesta.com may not pay out credits earned in excess of the $500 limit without receiving this information from you.
  7. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
  8. Marketing Claims. You agree that you will not make any misrepresentations to any of your referrals or potential referrals about compensation typically received by Cashfiesta.com members or about compensation that potential members are likely to receive.
  9. Your Relationship With Advertisers. Your relationship with merchants or advertisers found on the Cashfiesta.com site, including payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Cashfiesta.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such merchants or advertisers through the Publisher Programs.
  10. Confidentiality. We may disclose to you certain information as a result of your participation in the Publisher Programs, which we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to:
    1. Any modifications to the terms and provisions of this Agreement made specifically for you or your site(s) and not generally available to other members of the Publisher Programs;
    2. Website, business, and financial information relating to COMPANY; and
    3. Customer and vendor lists relating to COMPANY and any members of the Publisher Programs 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 that such Confidential Information shall remain secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose, except to the extent that any such information is generally known or available to the public or if disclosure is required by law or legal process.
  11. Security. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Cashfiesta.com has used appropriate industry standard procedures to safeguard the confidentiality of your personal information, such as firewall, encryption, token authentication, application proxies, monitoring technology, and adaptive analysis of network traffic to track abuse of our network and its data. However, no data transmitted over the Internet can be 100% secure. As a result, while we strive to protect your personal information, Cashfiesta.com cannot guarantee the security of any information that you transmit to us or from our sponsors and you do so at your own risk.
  12. Trademark Usage Policy and License. Cashfiesta.com grants Publisher a limited, non-exclusive, non-transferable license for the term of this Agreement to use the Cashfiesta.com Technology solely in accordance with the terms of this Agreement. Publisher grants Cashfiesta.com a limited, non-exclusive, non-transferable, revocable license to use, reproduce and distribute their company name and logo for use in Cashfiesta.com's promotional materials. Each license granted in this section is hereinafter referred to individually as "Licensed Property".
    Neither party shall use the other party's Licensed Property in a manner that disparages the other party or its products or services, or portrays the other party or its products or services in a false, competitively adverse or poor light. Each party shall comply with the other party's requests as to the use of the other party's Licensed Property and will avoid any action that diminishes the value of such marks.
    Subject to the limited licenses granted to Cashfiesta.com and Publisher, each party owns and shall retain all right, title and interest in its trade names, logos, trademarks, service marks, trade dress, Internet domain names, copyrights, patents, trade secrets, know how and proprietary technology, including, without limitation, those trade names, logos, trademarks, service marks, trade dress, copyrights, patents, testimonials, endorsements, know how, trade secrets and proprietary technology currently used or which may be developed and/or used by it in the future ("Intellectual Property"). Except as provided in this Agreement, neither party may distribute, sell, reproduce, publish, display, perform, prepare derivative works or otherwise use any of the Intellectual Property of the other party without the express written consent of such party. All data that is collected by Cashfiesta.com while performing its obligations under this Agreement is the property of Cashfiesta.com. Cashfiesta.com currently uses and plans to continue to use data that it collects in an aggregate manner (i.e. that information which is gathered as a group of demographic data, and is not personally or company identifiable).
  13. Privacy. Cashfiesta.com will not collect any personal information about individuals except when specifically and knowingly provided by such individuals.
    Information we may request
    When you register as a member of the Cashfiesta.com Publisher Program, you have to submit your contact information so that we can properly mail your monthly check to you, as well as keep in touch with you regarding important updates of our Publisher Program. We also need your web site URL to properly track your earnings.
    No Information Collected from Children
    In compliance with the Children's Online Privacy Protection Act (COPPA). Cashfiesta will never knowingly collect any personal information about children under the age of 13. If Cashfiesta obtains indication that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database.
    Use of your information
    We use your email address to verify your identity and protect against fraud. We also use your email address to send you updates about your account, new products and services, and company news and updates. When you register as a member of the Cashfiesta.com Publisher Program, you must submit your name and postal address so that we can properly mail your monthly check to you. We use your IP address to help diagnose problems with our server and to administer our Web site. Your IP address is also used to gather broad demographic information.
    Cookies
    When you visit Cashfiesta.com, we place a text file called a "cookie" in the browser directory of your computer's hard drive. The cookie enables the site to recognize the personal information you have consented to give to the site. As a result, we are able to identify you when you return to the site so you can change your account information, and use other services that we offer without having to re-enter your information. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie. We do NOT use cookies to examine your surfing behavior before or after leaving our website. Cookies are harmless. They aren't capable of doing anything malicious to your computer. You can always decline cookies if your browser permits it or delete cookie files from your hard drive at your discretion
    Choice/Opt-Out To remove your information from our database, to not receive future communications or to no longer receive our service, you can cancel your Publisher account by sending an email to with "Cancel" in the subject line.
    Contacting Us
    We value your trust and we are committed to your privacy. If you have any questions about this privacy statement, Cashfiesta.com practices, or feel that your privacy has been compromised in any way, please contact us at .
    This privacy policy may change at any time. You can always see the current version on this page.
    This policy relates only to our Publisher Program. To check the Privacy Policy applicable to membership in our consumer site, click here.
  14. Anti-Spam Policy. What is Spam?

    Cashfiesta.com strictly prohibits the sending of unsolicited mass messages of any kind. We will not tolerate spam and will terminate the account of any member who violates our anti-spam policy. Your account will be closed, your referrals will be lost, and you will forfeit any unpaid money on your account.

    Should any law enforcement agency, internet service provider or other person or entity provide COMPANY with notice that you have engaged in transmission of unsolicited e-mails or have engaged in otherwise unlawful conduct or conduct in violation of an internet service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information.

    If you know of someone violating our anti-spam policy please contact us at and be sure to include a copy of the spam message/email.

    CAN-SPAM Amendment

    By becoming a Cashfiesta.com Member or Publisher, you acknowledge and agree to comply with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003. The ACT can be found in its entirety at: http://spamlaws.com/federal/108s877.shtml

    You agree to fully and completely indemnify Cashfiesta.com, its members, officers, directors, employees, agents and affiliates, for all damages arising from your breach of any of the obligations set forth in the CAN-SPAM Act. Upon notice from Cashfiesta.com to you requesting that you terminate e-mail solicitations, you shall immediately stop sending any e-mail solicitations promoting the Cashfiesta.com service.

    You also acknowledge and agree that you will use brokers or third parties to deliver e-mails promoting the Cashfiesta.com services only if each one of them acts in compliance with the terms of the CAN-SPAM Act, agrees to fully and completely indemnify you and Cashfiesta.com, its members, officers, directors, employees, agents and affiliates, for all damages arising from their breach of any of the obligations set forth in the CAN-SPAM Act and you have the ability to terminate distribution with or procurement by any such third party on not more than 24 hours notice. You shall be solely responsible for any breach of these obligations by any such third party.

     

  15. Fraud. If you commit fraud or falsify information in connection with your Cashfiesta.com Publisher account, your account will be terminated immediately. In addition, you will be liable to Cashfiesta.com for any and all damages that Cashfiesta.com suffers as a result of any actions. You will also be responsible for returning to Cashfiesta.com all commissions received for fraudulent members, and Cashfiesta.com reserves the right at this time or at any point in the future, to pursue legal action through State Law Enforcement Authorities as well as the Federal Bureau of Investigation. In addition, Cashfiesta.com reserves the right to notify your Internet Service Provider, Web Hosting Services Provider, University and/or employer of the fraudulent activity generated on your website.
  16. Publisher Etiquette. Publishers shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of Cashfiesta.com. Publishers shall not use robots or scripts with Cashfiesta.com. As an ambassador of Cashfiesta.com, your site reflects upon Cashfiesta.com. The content of your site should not contain FRAUDULENT, PORNOGRAPHIC, ILLEGAL, OR OTHERWISE OBSCENE MATTER. Violation by Publishers will result in termination of membership, loss of all accrued credits and bar from future participation with the service of Cashfiesta.com. Any decision made by Cashfiesta.com relating to termination of Publisher membership in cases of suspected abuse or violation of its rules shall be final and binding.
  17. Representations and Warranties. Each party represents and warrants to the other party that: (i) such party has all necessary right, power and authority to enter into this Agreement and to perform its obligations under this Agreement; and (ii) nothing contained in this Agreement or required by such party's performance hereunder will place such party in breach of any other contract or agreement to which it is bound or violate any applicable law and (iii) the performance of this Agreement shall not infringe or violate upon the Intellectual Property or privacy rights of any third party.
  18. Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER CASHFIESTA NOR ANY OF ITS PARENTS, MEMBERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  19. Disclaimers. THE PUBLISHER PROGRAMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CASHFIESTA.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CASHFIESTA.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE PUBLISHER PROGRAMS OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PUBLISHER PROGRAMS.
    YOU AGREE AND UNDERSTAND THAT ALTHOUGH CASHFIESTA.COM WILL MAKE REASONABLE EFFORTS TO FAIRLY AND CONSISTENTLY MONITOR YOUR ACTUAL ACTIVITES, CASHFIESTA.COM DOES NOT GUARANTEE THE PRECISION OF THE PROCESS. YOU WILL ONLY BE CREDITED FOR LEADS AND SALES, FOR WHICH WE CAN VERIFY YOU AS THE REFERRER. YOU WILL RECEIVE AFFILIATE PROGRAM CREDITS ONLY IF THE ID OF THE MEMBERS YOU REFERRED TO CASHFIESTA.COM IS INCLUDED IN THE MONTHLY REPORTS FROM OUR PARTNERS FOR THE SPECIAL OFFERS THEY'VE SIGNED UP FOR.
  20. Legal Compliance and Claims. You agree to comply with all local, state, province, country or regional laws that may be applicable to your participation in the Cashfiesta.com Publisher Programs.
    Both parties agree that any cause of action arising out of or related to the Cashfiesta.com Publisher Programs must be initiated within six (6) months after the cause of action arose; otherwise, such cause of action is considered void. Furthermore, to the maximum extent allowed by applicable law, you agree not to bring, join or participate in any class action against Cashfiesta.com and/or any of its parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees. You agree that Cashfiesta.com holds the right to take countermeasures in order to stop such a lawsuit or to remove you as a participant in the suit, and that you shall have the obligation to pay all costs incurred by Cashfiesta.com exercising this right. The above agreement is not a waiver of any of your rights and remedies to pursue a claim individually and not as a class action.
  21. Jurisdiction and Governing Law. Publisher consents to the exclusive personal jurisdiction of the state and federal courts located in California and agrees that any claim against Cashfiesta.com shall be brought in the state or federal courts located in San Francisco County, California. The rights and obligations of the parties under this Agreement shall be governed by and construed under the laws of the State of California without reference to conflict of laws principles. Publisher consents to the personal jurisdiction of the state and federal courts located in San Francisco County, California and agrees that any lawsuit between Publisher and Cashfiesta.com shall be filed in this venue.
    This Agreement constitutes the entire Agreement between you and Cashfiesta.com in connection with your membership in the Cashfiesta.com Publisher Programs and supersedes all prior agreements between the parties regarding the subject matter contained herein. If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights.
Contacting Us. If you have questions about the Publisher Programs or this Agreement, please contact
 
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