The Scoopy.net Affiliate Program available through and described at www.scoopycash.com, as may be modified by Scoopy.net from time to time (the "Program") is owned and operated by Johnny Web Corporation ("Scoopy.net"). Payment transactions in connection with the Program are processed by CCBill, LLC ("CCBill"). The Program is offered to you ("You") under the following terms and conditions:
After going through Scoopy.net's and CCBill's registration process for the Program, You will become enrolled in the Program, subject to the terms and conditions of this Agreement.
Scoopy.net grants You a non-exclusive license to display, solely on Your website as identified in the Program registration form ("Your Site"), Scoopy.net links in the form and format provided through the CCBill registration process, or links designed in accordance with the Guidelines defined below.
It is Your responsibility to install and format all Links properly, following instructions available through the CCBill registration process. Neither Scoopy.net nor CCBill shall be under any obligation to assist You in installing or formatting the Links.
Payment processing for the Program is handled by CCBill and is subject to CCBill's terms of payment, which can be found at http://about.ccbill.com . Provided You are at all times in compliance with all the terms of this Agreement, for each visitor to Scoopy.net who enters through a Link from Your Site, or as a result of Your email solicitation, and subscribes to Scoopy.net (a "Qualified Registrant"), You will be paid an amount equal to forty percent (40%) of the Subscription Fee actually received (and not subject to refund, chargeback or contingency) from such Qualified Registrant. As used herein, "Subscription Fee" shall mean only the fee paid by a Qualified Registrant to access Scoopy.net, after deduction of CCBill's processing fees. CCBill will provide You with a password for online access to an electronic report detailing the number of Qualified Registrants for a given reporting period. You agree to keep such password confidential and not to disclose it to any third party or allow any third party to use it. Accurate tracking and reporting of Qualified Registrants are subject to proper installation and formatting of the Links on Your Site in accordance with CCBill's instructions. Should a dispute arise regarding Referral Fees payable hereunder, Scoopy.net's and CCBill's records shall govern in determining Qualified Registrants and payments owed hereunder in connection therewith. You may not use any automated signup mechanisms or any mechanisms that may fraudulently inflate the number of Qualified Registrants. You shall be responsible for, and shall pay when due, all taxes and similar charges based on or arising from payments made to You hereunder. Failure to provide appropriate tax documentation, as may be requested by Scoopy.net or CCBill from time to time, will result in Referral Fees otherwise payable hereunder being withheld.
By enrolling in the Program, You agree to defend, indemnify and hold Scoopy.net, its officers, employees, shareholders, successors and assigns, harmless (including court costs and attorneys' fees) against any claims, damages, debts, settlements, expenses or liabilities of any type whatsoever arising out of any of Your acts or omissions, or in connection with Your Site, including, without limitation, in connection with any violations of copyright, trademark, obscenity, privacy, defamation, child pornography or anti-SPAM laws.
Except for the non-exclusive license to display Scoopy.net links as desribed about, Scoopy shall retain all rights, title and interests in and to Scoopy.net including: the domain name, the Links, any images, any commentary, trademarks or service marks incorporated therein, and all other intellectual property rights related thereto. Use of any Scoopy.net trademark or service mark hereunder and any associated goodwill shall inure solely to Scoopy.net or Johnny Web Corporation, as applicable.
Scoopy.net may terminate this Agreement immediately if You breach any provision hereof, or if Scoopy.net receives a third-party complaint regarding Your Site or Your activities in connection therewith, the validity of such complaint to be determined by Scoopy.net in its sole and absolute discretion. You may terminate this Agreement at any time for convenience.
SCOOPY.NET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, THE SCOOPY.NET SITE, OR THE NUMBER OF QUALIFIED REGISTRANTS, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Limitation of Liability
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, EXCEPT FOR BODILY INJURY, SCOOPY.NET WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR (II) IN ANY CASE, FOR ANY AMOUNTS IN EXCESS, IN THE AGGREGATE, OF THE REFERRAL FEES PAID TO YOU HEREUNDER DURING THE SIX MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Scoopy.net reserves the right to change its referral fees, policies, or the Program, and to modify this Agreement at any time by providing You with an email notice. You shall be responsible for reviewing and becoming familiar with any changes. If Scoopy.net does not receive written notice of termination from You within five (5) business days after notice of changes, it will be assumed that You accept such changes. For all purposes of this Agreement, each party shall be and act as an independent contractor and not as partner, joint venturer, or agent of the other, and shall not bind or attempt to bind the other to any contract. Nothing contained in this Agreement is intended or is to be construed to constitute the parties as partners or joint venturers, or either party as an employee of the other party. Except as otherwise set forth herein, all notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or e-mail, or upon receipt, if sent by certified or registered mail, return receipt requested. Scoopy.net may assign this Agreement in whole or in part. Scoopy.net will not be responsible for any delay in the performance of its obligations hereunder caused by any acts, omissions, or events beyond Scoopy.net's reasonable control. This Agreement represents the complete agreement and understanding between You and Scoopy.net with respect to the subject matter herein, and supersedes any other written or oral agreement. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be governed by the laws of the State of Texas, without regard to conflicts of laws provisions thereof. Unless otherwise elected by Scoopy.net, the sole jurisdiction and venue for actions related to the subject matter hereof shall be the Texas state and U.S. federal courts having within their jurisdiction the location of Scoopy.net's principal place of business, and both parties hereby consent to such jurisdiction and venue. In any action to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys' fees.
Linking to Scoopy.net
Under NO circumstance may you represent that Scoopy.net has any images from the following sources: Playboy, Perfect 10.
Under NO circumstance may you represent that Scoopy.net has any images of the following celebrities:
Christina Aguilera, Britney Spears, Krista Allen, Asia Argento, Alley Baggett, Kylie Bax, Tracy Bingham, Yasmine Bleeth, Caprice Bourret, Brooke Burke, Naomi Campbell, Devin Devasquez, Carmen Electra, Rebecca Gayheart, Lauren Hays, Martina Hingus, Vivian Hsu, Anna Kournikova, Gena Nolin, Carre Otis, Jaime Pressly, Stacy Sanches, Stephanie Seymour, Dona Speir, Amy Weber, Victoria Zdrok.
If you choose to use banners, TGPs, etc. other than those provided in the through the Program, you may only use the following phrases:
All links that mention or refer to Scoopy.net shall link to Scoopy.net. You may not make subscription to Scoopy.net a condition to other activities on your site.
- Nude reviews at Scoopy.Net
- Nude pics and clips at Scoopy.net (Only if the actress in question is featured at Scoopy.net)
- (Actress Name) at Scoopy.net.
- (Actress Name) bio, nudity review and pics at Scoopy.net
- (Actress Name) bio, nudity review and clips at Scoopy.net
- (Actress Name) bio, nudity review, pics and clips at Scoopy.net
- Scoopy.net, 4,000 movie reviews and over 475,000 celebrity images
You may solicit Scoopy.net subscribers via email, provided in doing so You do not use deceptive practices and You comply with all applicable laws and regulations, including, without limitation, privacy laws and the CAN-SPAM Act of 2003. Without limiting the generality of the foregoing, You may only use double opt-in e-mail lists. The opt-in list collecting mechanism must clearly specify that the recipient (i) wants to receive information of an adult nature on "celebrity news" or "film reviews" and (ii) must be over eighteen (18) years of age and able to legally view material of an adult nature on their computer. All email transmissions must include a working unsubscribe mechanism. All solicitations are subject to prior written approval and must be submitted for review to email@example.com, at least five (5) business days prior to broadcast.