A. Webmasters will be paid based on the account type selected upon joining GigaCash™. Webmasters may switch account types at the beginning of any pay period.

Account Types Premium Sites Blowout (discount) Sites Webmaster Referral Condition Platinum Account $42 Per Sale! $27 Per Sale! 5% Required to promote GigaCash™ at the top position of your website / promo page - banner or text links OK. Gold Account $35 Per Trial Sale:  1 - 49 sales $40 Per Trial Sale:  50+ sales $25 Per Sale 5% No Condition Link-To-Join Account $35 Per Trial Sale:  1 - 49 sales $40 Per Trial Sale:  50+ sales $25 Per Sale 5% No Condition Pop-Free Account $35 Per Trial Sale $20 Per Sale 5% No Condition Cross-Sale Account $15 Per Cross-Sale N/A N/A Available only to companies which operate membership sites and process with Epoch/Paycom. * Rewards program not available on Cross-Sale accounts.

B. GigaCash™ will not accept accounts from: Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croatia, Czech Republic, Estonia, Georgia, Hong Kong, Hungary, India, Indonesia, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Korea (North and South), Kyrgyzstan, Latvia, Lithuania, Macedonia, Malaysia, Moldova, Pakistan, Philippines, Poland, Romania, Russia, Singapore, Slovakia, Slovenia, Syria, Taiwan, Tajikistan, Thailand, Trinidad, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, Venezuela, and Yugoslavia; We will NOT mail payments to these countries.

C. Your account must generate a minimum of $50 in order for a check to be issued. If your amount is less it is carried over each week until you have accumulated $50 or more.

D. A pay period covers 7 days. First pay period was Oct 1st - Oct 7th. The next pay periods are 8th-14th.; 15th -21st.; 22nd-28th and so forth. Payments are issued weekly.

E. As an anti-fraud measure there is a 2 week gap in payouts. For example earnings for week 1 are issued on the first day of week 3, earnings for week 2 are issued on the first day of week 4 and so on.

F. Linking: You may use Banners and Text Links. Blind links OK. Banners must be served from 'your' server.

G. Sites containing: Bestiality, Rape, Child Pornography or any acts of violence will be terminated immediately and reported to the appropriate authorities.

H. Cross-Sale account types exclude rewards program.

I. A minimum payout of $500 is required for Wire Transfer payment option.

Before you can become a participant in the GigaCash™ signup referral program ("Program") you must first read and agree to all of the following terms and conditions. Please read the following CAREFULLY. This is a legal agreement ("Agreement") between GigaCash™. ("we," or "us") and You, the independent Webmaster.

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 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:

• 1.1 The non-exclusive right to direct, refer or send visitors or user traffic from Your Website to websites owned, operated or controlled by GigaCash™.
• 1.2 A limited nonexclusive, nontransferable and revocable license to access and download promotional banners for use on Your Website for the exclusive purpose of advertising, marketing or promoting the participating GigaCash™ Websites; however, the license herein granted shall automatically and immediately cease upon the termination of this Agreement.

2. Your Warranties To Us. In consideration of GigaCash™ providing You with Program benefits, You agree and warrant as follows:

• 2.1 That You will not use any form of mass unsolicited electronic mail solicitations as a means of promoting or for the purpose of directing or referring users to any participating GigaCash™ Websites.
• 2.2 That You will prominently post an "ADULTS ONLY" Warning Notice on Your Site stating that Your site is only suitable for Adults and that minors are not permitted.
• 2.3 That You will not, directly or indirectly, link any of the following content or material to any participating GigaCash™ Website through any hyperlinks maintained or created on Your Website, and that You further acknowledge that any violation of these following provisions will rest in ALL of Your accounts being terminated without pay:
  • (i) Any material not fully in compliance with 18 U.S.C. Sec. 2257 et seq.;
  • (ii) 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;
  • (iii) Any material which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;
  • (iv) Any material which constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or other rights.
    
    

• 2.4 That You will not engage in any of the following activities and you acknowledge that any violation of these provisions will rest in ALL of your accounts being terminated without pay:

  • (i) Promote or contain content of: Warez, Passwords, MP3, Bestiality, Rape, Child Pornography or any acts of violence.
  • (ii) Attempt to mislead or defraud us in any way;
  • (iii) Hits or signups generated as a requirement to enter or obtain access to goods or services on your (or someone else's) web site;
  • (iv) Any sort of mechanism or effort that falsely generates hits or signups, including signups by the webmaster. If you wish to perform a test signup you must first E-mail
  • (v) New accounts from Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croatia, Czech Republic, Estonia, Georgia, Hong Kong, Hungary, India, Indonesia, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Korea (North and South), Kyrgyzstan, Latvia, Lithuania, Macedonia, Malaysia, Moldova, Pakistan, Philippines, Poland, Romania, Russia, Singapore, Slovakia, Slovenia, Syria, Taiwan, Tajikistan, Thailand, Trinidad, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, Venezuela, and Yugoslavia;
    
    
• 2.5 That you must serve any GigaCash™ banners only from your own server, if you violate this provision Your account will be terminated and you will not be entitled to any future payments.
• 2.6 That if Your participation in the Program is terminated for any reason, You cease to participate in the Program for more than five (5) days, You cease to be a Program Participant in good standing, You change Your Website'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 that you will remove all files containing materials provided to You pursuant to the Program from Your Website.
• 2.7 Reseller websites are reviewed prior to payment for each pay period. Reseller accounts with websites featuring only text and banner advertisements (thus offering nothing more to the surfer than just advertisement links) will not be accepted.
• 2.8 That You are a person over the age of eighteen (18) years in states where 18 is the age of majority, or 21 in states where 21 is the age of majority, and that you are competent to enter into this Agreement.
• 2.9 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.
• 2.10 That you will supply GigaCash™, or its authorized agent, with a Federal Tax ID or Social Security Number when requested.
• 2.11 That upon termination of this Agreement you will immediately cease using GigaCash™ marks and remove any materials supplied to you by GigaCash™ or referring to GigaCash™, including without limitation any banner ads, from Your Website.
• 2.12 That as an affiliate and participant in the GigaCash program, You agree to abide by all of the additional provisions and prohibitions set forth in this paragraph and its subparts relating to “spamming activities” and the transmission of emails containing sexually oriented content.
  • 2.12.1 All affiliates, including You, are required to inform themselves of the provisions of the federal CAN-SPAM Act of 2003 (also known as the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003) and must, as a condition of participation in this program, abide by all of the provisions of that Act. Any violation of the CAN-SPAM act by an affiliate constitutes a material breach of this Agreement and will subject that affiliate to immediate termination from the program.
  • 2.12.2 The exact phrase "SEXUALLY-EXPLICIT:" must be contained in capital letters as the first 19 characters at the beginning of the subject line. This phrase in the subject line must be in ASCII format.
  • 2.12.3 The "Brown Paper Wrapper" section 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. NO SEXUALLY EXPLICIT IMAGES OR LANGUAGE MAY APPEAR IN THIS "BROWN PAPER BAG" AREA (the "immediately visible area") OF THE EMAIL. However, sexually explicit material can be displayed beneath the "brown paper wrapper" area of the email message, that is any area which requires the viewer to take an affirmative step to view the material, such as scrolling down or accessing the material by clicking on a link.
  • 2.12.4 The email 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" in the context of the CAN SPAM acts 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.
  • 2.12.5 The exact phrase "SEXUALLY-EXPLICIT:" must appear in a "Clear and Conspicuous manner" within this "brown paper bag" section. To comply, this exact phrase should be set forth in capital letters as the first 19 characters in the "brown paper wrapper" area of the email message.Within this area there also must be a "clear and conspicuous" notice that the message itself is an advertisement or solicitation.
  • 2.12.6 There must be a "clear and conspicuous" notice of the opportunity to decline to receive further commercial email from the sender.
  • 2.12.7 There must be a "clear and conspicuous" functioning return electronic mail address or other Internet-based mechanism that the recipient of the message can use to reply to the sender to inform the sender that the sender should not send any future commercial electronic mails messages to the recipient at the recipient's email address. The sender's return email address must be capable for receiving replay messages from the recipient for no less than 30 days after the transmission of the original message.
  • 2.12.8 There must be a "clear and conspicuous" display of a valid postal address in the "brown paper wrapper" area of the email message. You must include the following:

    This offer was sent on behalf of:

    "NAME OF SENDER"
    "VALID POSTAL ADDRESS OF SENDER"
    

  • 2.12.9 Any needed instruction on how to access, or activate a mechanism to access the sexually oriented material should be preceded by a "clear and conspicuous" statement that to avoid viewing the sexually oriented material, a recipient should delete the email message without following such instruction.
    

  • 2.12.10 Without limiting the generality of the previous paragraph, any of the following prohibited acts or practices shall constitute a material violation of these terms and conditions will result in ALL of Your accounts being terminated without pay and a forfeiture of any of Your accrued benefits prior to the termination:
  • 2.12.11 If an affiliate initiates a commercial electronic mail message or a transactional or relationship message (as those terms are specifically defined in the CAN-SPAM Act) (hereafter collectively referred to as CEMMs) that contains or is accompanied by header information that is materially false or materially misleading. For the purposes of this paragraph--

    (A) The header information of CEMMs that is technically accurate but that includes an originating electronic mail address, domain name, or Internet Protocol address that was obtained by means of false or fraudulent pretenses or representations shall be considered materially misleading;
    (B) A “from line that accurately describes any person who initiated the CEMM shall not be considered materially false or materially misleading;
    (C) Header information shall be considered materially misleading if it fails identify accurately the computer used to initiate the CEMM because the person initiating the messages knowingly uses another computer to relay or retransmit the message for purposes of disguising its origin.

  • 2.12.12 If an affiliate initiates the transmission of a CEMM with actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that a subject heading of the message would be likely to mislead a recipient about a material fact regarding the subject matter of the message.

  • 2.12.13 If an affiliate initiates the transmission of a CEMM that does not contain a functioning return electronic mail address or other Internet-based mechanism, clearly and conspicuously displayed that—

    (A) A recipient of the CEMM may use to submit, in a manner specified in the message, a reply electronic mail message or other form of Internet-based communication requesting not to receive future commercial electronic mail messages from that sender at the electronic mail address where the message was received; and
    (B) Remain capable of receiving such reply requests or messages from the recipient for at least 30 days after the date of the transmission of the original CEMM.

  • 2.12.14 If an affiliate initiates the transmission of a CEMM to a recipient, more than 10 business days after the receipt of a request from that recipient to stop sending such messages. However, this prohibition does not apply if there is affirmative consent by the recipient subsequent to the recipient’s request not to receive such messages.

  • 2.12.15 If any person acting on behalf of the affiliate initiates the transmission of a CEMM to a recipient, more than 10 business days after the receipt of a request from that recipient to stop sending such messages. However, this prohibition does not apply if there is affirmative consent by the recipient subsequent to the recipient’s request not to receive such messages.

  • 2.12.16 If any person acting on behalf of the affiliate assists in initiating the transmission of a CEMM, through the provision or selecting of addresses of recipient to which the message will be sent, to a recipient who has requested not to receive any such messages. However, this prohibition does not apply if there is affirmative consent by the recipient subsequent to the recipient’s request not to receive such messages.

  • 2.12.17 If an affiliate, knowing that a recipient has made a request to stop receiving messages, sells, lease, exchanges or otherwise transfers or releases the electronic mail address of the recipient, either directly or indirectly, for any purpose other than compliance with a provision of law. However, this prohibition does not apply if there is affirmative consent by the recipient subsequent to the recipient’s request not to receive such messages.

  • 2.12.18 For an affiliate to initiate the transmission of a CEMM unless the message provides the following:

    (A) Clear and conspicuous identification that the message is an advertisement or solicitation;
    (B) Clear and conspicuous notice of the opportunity through a mechanism for a replay electronic mail message, specified in the CEMM, for the recipient to decline to receive further messages from the sender;
    (C) A valid physical postal address of the sender.

  • 2.12.19 If an affiliate accesses another person’s computer without authorization and intentionally initiates the transmission of multiple CEMMs from or through such computer.

  • 2.12.20 If an affiliate accesses another person’s computer to relay or retransmit multiple CEMMs with the intent to deceive or mislead recipients, or any Internet access service, as to the origin of the messages.

  • 2.12.21 If an affiliate materially falsifies header information in multiple CEMMs and intentionally initiates the transmission of such messages.

  • 2.12.22 If an affiliate registers for an email account, user account or domain name, using information that materially falsifies the identity of the actual registrant, and intentionally initiates the transmission of CEMMS from such accounts or domain names.

  • 2.12.23 If an affiliate falsely represents himself to be the registrant, or the legitimate successor in interest of the registrant of an Internet Protocol address, and intentionally initiates the transmission of multiple CEMMs from such address.

  • 2.13.24 If an affiliate initiates the transmission of a CEMM that includes sexually oriented material (i.e., any material that depicts sexually explicit conduct as defined in section 2256 of title 18, United States Code) to any recipient who has not given prior affirmative consent to the receipt of the message, and—

    (A) Fails to include in the subject heading of the message the marks or notices prescribed by the Federal Trade Commission for such messages; or
    (B) Fails to provide that the content of the CEMM that is initially viewable to the recipient when the message is opened, includes only—

    (i) the marks or notices prescribed by the Federal Trade Commission for such messages;
    (ii) the mechanism and information necessary to provide the recipient with the opportunity to decline to receive any further such messages from the sender;
    (iii) the valid physical postal address of the sender.

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 GigaCash™, in its sole and exclusive discretion, shall have the absolute right at any time without prior notice or cause to change, modify or terminate the Program;
• 3.2 GigaCash™, in its sole and exclusive discretion, shall have the absolute right to terminate Your's and any other person's participation in the Program at any time and may do so without prior notice or cause;
• 3.3 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 GigaCash™ as part of this Program shall remain the property of GigaCash™ 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 GigaCash™ in writing;

4. Affiliate Program Benefits. . GigaCash™ agrees to pay a commission or referral fee for all the "signups" that you refer to a Participating GigaCash™ Website based on a rate of up to $42 per valid signup (see table at the top of this page)..

• 4.1 A "referral" of "signup" from Your Website which will entitle You to a "commission or referral fee" shall be defined as follows:
  • (i) A person who has been directed to one or more of the following GigaCash™, directly by CLICKING a hypertext transfer link residing on Your Website which is in the form of a "banner ad" or "text link" which automatically connects any person who clicks on said "banner ad" to a GigaCash™ Website, and which "banner ad" has been supplied to You by GigaCash™ as part of the Program.
    
    
• 4.2 You acknowledge and agree that You shall not be entitled to a commission or referral fee for any "signup" you have sent or referred to a participating GigaCash™ Website in violation of the terms of this Agreement, or for any click-through traffic that does not fall within the terms of paragraphs 4.1 (i).
• 4.3 All commissions and fees due and payable hereunder shall be payable in United States Dollars and shall survive termination of this Agreement.
• 4.4. GigaCash™ will send out weekly payments. The pay periods are 1st-7th, 8th-15th, 16th-23rd, and 24th-Last Day Of Month.
• 4.5 In determining commissions and referral fees due and payable to webmaster participants in the GigaCash Program, GigaCash™ files and records will prevail in determining amount of "signups" that You have referred to a participating GigaCash™ site during any accounting period.
• 4.6 We monitor the profitability of all accounts. If an account is found to be grossly unprofitable we retain the right to withhold payment, change the "signup" commission rate or close the account.
• 4.7 If an account's activity is found to be fraudulent/suspicious by GigaCash™ or the Fraud Control department of its 3rd party billing companies (Epoch, CCBill, IBill) we reserve the right to withhold payment.
• 4.8 Under the strict new Visa & Mastercard regulations, all accounts will be closely monitored for excessive chargebacks. Accounts with excessive chargebacks will be asked to leave GigaCash™.

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 GigaCash™, its employees, agents or assigns. We shall have no control nor ownership interests of any kind in Your business. You shall have no financial or other interest in GigaCash™ or any property owned by GigaCash™, its affiliates, agents, successors or assigns.

6. No Guarantees Or Warranties Of Any Kind. YOU ACKNOWLEDGE AND AGREE THAT GIGACASH™ MAKES NO GUARANTEE OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM OR THE 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, ALL BANNER ADDS AND LINKS, IS SOLELY AT YOUR OWN RISK. GIGACASH™ 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. GigaCash™ Limited Liability and Liquidated Damages. You acknowledge and agree that under no circumstances shall GigaCash™, 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 GigaCash™ Website, or arising from or in connection with the use of the Program materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of GigaCash™' services, content or Program materials. Notwithstanding the foregoing express limitations of liability, you acknowledge and agree that should GigaCash™, 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. 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 GigaCash™, any agent or representative of GigaCash™, 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 GigaCash™ 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.
  
  
• 8.1 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 GigaCash™. You further expressly agree not to raise any claim of any kind against GigaCash™ and You agree to hold GigaCash™ 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. Term And Termination Of Agreement. You acknowledge and agree that the term of this Agreement is at will, and this Agreement and/or the Program may be terminated by GigaCash™, in its sole and exclusive discretion, at any time, without any advance notice and for whatever reason, or no reason at all.

• 9.1 In the event that this Agreement or the Program is terminated by GigaCash™, 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 by GigaCash™ after the date and time of termination of the Program.

10. No Monitoring Or Supervision Provided By Us. You acknowledge and agree that since GigaCash™ has no control supervision of your website that you shall be solely and exclusively responsible and liable for any failure to prevent the access and viewing of the content of your website by minors.

11. 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 the city of Los Angeles, California 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 State of California and the United States.

• 11.1 This Agreement is executed in California and all its provisions shall be governed by and construed according to the laws and judicial decisions of the State of California and the United States when applicable.

12. Acceptance And Execution Of This Agreement. By CLICKING ON THE ">> Signup" BUTTON on the signup form at (http://www.gigacash.com/join.htm), and by supplying GigaCash™ with all the required information to sign You up to the PROGRAM, You are acknowledging that You agree to all of the terms, conditions, promises, warranties, duties and obligations set forth in the above Agreement.