HEAVENANDHELLCASH AFFILIATE TERMS AND CONDITIONS

Please read the terms & conditions in full as we will terminate your account if you do not comply in full!

This Agreement contains the complete terms and conditions that apply to your participation as a member of the HeavenAndHellCash Program (the “Program”) operated by HeavenAndHellCash. (hereinafter, “The Company,” “we” or “us”). As used in this Agreement, “you” or “your” means the applicant/participating member, be they an individual, entity, representative (authorized or otherwise) or other form to this agreement.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND The Company. BY CHECKING THE “I AGREE” BOX ON OUR JOIN FORM YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.

1. Enrolment and Acceptance into this Program.

To begin the enrolment process, you will submit a completed application through our website http://www.HeavenAndHellCash.com. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We will reject your application if we determine that you have provided inaccurate or incomplete signup information, determine that you are under 18 years of age (21 in some jurisdictions) or determine that your traffic source or traffic sending methods are unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, “Content Restrictions”). Again, you must be at least eighteen (18) years of age (or older if legal age of majority is more than18) to participate in this Program.

2. Promoting the Websites covered by this Program.

As an affiliate of The Company (“Affiliate Site”), you may use any form of promotion you choose, consistent with the terms of this Agreement. You may send traffic any legal way you like, blind links, picture links, exit consoles, approved emails, popups, image traffic, watermarked images and video, domain redirects, or you can use our proven banner and text links (the “Links”); however, you cannot employ deceptive language or misleading URLs in the Links, and you CANNOT SEND UNSOLICITED BULK E-MAILS!!! (As used herein, UBE, UCE, or “Spam” refers to the transmission of unsolicited bulk e-mails, i.e., not derived from a verifiable opt-in program or sent absent a prior business relationship with the recipient). Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder. (For further guidelines on this topic, please see Section 5, below.) Allowable promotional links may contain The Company’s trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by The Company. 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 visually modified with our consent. If you any method of promotion that The Company, in it's sole discretion, considers to be unacceptable, your account may be cancelled, and any monies owed to you will be forfeited.

3. Commissions Payable.

The HeavenAndHellCash Program offers commission payout for the websites under the program in two (2) ways as follows:

a) Per Sale : We will pay you commissions as detailed in the table below on a per consumer sale coming from your links.

If you send 75 to 199 sales per fortnightly pay period, we pay up to $26 per sale for top premium spots (see below for payment table).  Your minimum sale payment for a standard sale will be $7.66. If you send less than 75 sales per fortnightly pay period you will earn up to $25 per sale for top premium spots (see below for payment table). Your minimum sale payment for a standard sale will be $6.66. The Company may also negotiate special rates directly ("private deals") for extremely large volume affiliates who are able to send more than 500 sales per payment period.

b) "Webmaster Referral" Program: HeavenAndHellCash will also compensate Affiliates for sales generated by other affiliates referred to HeavenAndHellCash by the Affiliate. When a new webmaster affiliate signs up for the Program through the approved Webmaster Referral link provided to the Affiliate by HeavenAndHellCash, the Affiliate will receive a commission of one dollar ($1.00) on all sales generated by that referred webmaster affiliate. There is no minimum traffic sending requirement for an affiliate to be paid the webmaster referral commission to which they may be entitled to.

These Commission Rates are subject to change from time to time, upon e-mail notice to you and commencing the 10-days following such notice. Note that a commission will only be paid if the visitor to our site can be tracked by the system from the time of the Link to the time of the sale. No commission will be paid if the visitor’s payment to our site cannot be tracked directly to your site by our system or if full payment for services is not made to us by the customer. No commission will be paid for signups by you or anyone within your organization. Affiliates are prohibited from "referring" their own accounts/sales as such "self-referrals" will result in termination of all Program accounts operated by the Affiliate.

4. Commission Payment.

The Company issue payments twice monthly, on the 1st and the 16th of each month, for the stated sales commission you earned for payment cleared sales for the period covered.  Payments issued on the 1st of every month cover sales during the period of 1st to 15th of the previous month.  Payments issued on the 16th of every month cover sales during the period of the 16th to 31st of the previous month.

We pay by the following methods (selected by you) and pay as soon as you reach the minimum applicable payment threshold for each method (also as below).  If you obtain sales commissions totalling less than the set minimum payment thresholds, commission earned will be carried over to the next pay period until your account has accrued at least this amount, for payment as soon as you have reached the minimum threshold amount.

We pay/absorb all outgoing payment fees associated with each payment method at the above threshold levels, but we cannot be responsible for any incoming/clearance fees associated with banks or other institutions at your end - basically all payments are fee free to receipt at your end. You will be sent payment by your stated preferred payment method on the determined payment dates at least 14 days after the end of each pay period provided your sales total at least the minimum payment threshold stated above.

ePassporte and/or PayPal and HeavenAndHellCash are not related or aligned in any way, except that HeavenAndHellCash use ePassporte and PayPal as unrelated third-party payment methods for affiliates. HeavenAndHellCash cannot take any responsibility for actions or otherwise of ePassporte and/or PayPal or any of it’s associated entities, and while every due care and protection is taken from the HeavenAndHellCash perspective, the operations and/or actions of ePassporte and/or PayPal are a risk assumed by the payee (you).  Specifically, once we have transferred payments into your nominated ePassporte or PayPal account, you assume all risk and responsibility for those accounts and or all dealings related to those accounts.

If you wish to dispute the manner or amount of calculation of your commission with regard to any given payment period, you must inform HeavenAndHellCash within sixty (60) days of said payment, otherwise you are deemed to have waived your right to challenge said payment calculation.

5. No Illegal, Improper, Immoral or Unethical Methods of Sending Traffic

We have the right to immediately, and without notice, terminate your participation in the Program if we, in our sole and exclusive judgment, conclude that you are sending traffic using Illegal, Improper, Immoral or Unethical Methods, YOU WILL BE BARRED FROM FUTURE PARTICIPATION IN THE PROGRAM AND ALL FUNDS OTHERWISE DUE TO YOU WILL BE FORFEITED TO The Company.   If you any method of promotion that The Company, in it's sole discretion, considers to be unacceptable, your account may be cancelled, and any monies owed to you will be forfeited.

6. HeavenAndHellCash E-Mail Marketing and Anti-SPAM Policy

7. Non-Exclusive Limited License and Use of Affiliate Logos and Trademarks.

You grant us a non-exclusive license to utilize your names, titles and logos, trademarks (collectively the “Affiliate Trademarks”), to advertise, market, promote and publicize in any manner our rights hereunder. Notwithstanding anything herein to the contrary, we shall not be required to so advertise, market, promote or publicize. You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to us the license to use same in the manner contemplated herein, and such grant does not or will not (i) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any  other person or entity. This license shall terminate upon the effective date of the expiration or termination of this Agreement.

Notwithstanding the above, The Company expressly prohibits the use of keywords, search terms, and domain names that contain any variations of our registered domains (full list below), such as, but not limited to, "SpotInHell”, "SpotInHeaven", "HeavenAndHellCash" or specific variants as listed below for use in search engines, portals, sponsored advertising services, or other search and referral services:
www.buyaspotineden.com
www.buyaspotinheaven.com
www.buyaspotinhell.com
www.byaspotinheaven.com
www.byaspotinhell.com
www.getaplaceinheaven.com
www.getaplaceinhell.com
www.getaspotineden.com
www.getaspotinheaven.com
www.getaspotinhell.com
www.heavenandhades.com
www.heavenandhellcash.com
www.ownaplaceinhell.com
www.ownaspotinheaven.com
www.own-a-spot-in-heaven.com
www.ownaspotinhell.com
www.own-a-spot-in-hell.com
www.placeinhades.com
www.purchaseaplaceinheaven.com
www.purchaseaplaceinhell.com
www.purchaseaspotinheaven.com
www.purchaseaspotinhell.com
www.spotinhades.com
www.spotinheaven.com
www.spot-in-heaven.com
www.spotinheaven.net
www.spotinhell.com
www.spot-in-hell.com
www.spotinhell.net

The Company will consider proposals from individual affiliates to vary this requirements on a case-by-case basis, at the sole discretion of The Company.

8. Responsibility for Your Site and/or Traffic Sources and/or Traffic Sending Methods.

You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. You are not The Company's agent, and we shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libellous or otherwise illegal. You must have express permission to use another party’s copyrighted or other proprietary material. We will not be responsible if you use another party’s copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
- Unsolicited bulk e-mail (see Section 6, above), IRC postings, forged header mailings or any other form of mailing, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-UBE policies of ISPs or state law;
- Provide inaccurate or incomplete information to The Company concerning your identity, bank account, address or other required information;
- Attempt to cheat, defraud or mislead us in any way;
- Misrepresent to the public the terms and conditions or content of our sites or your sites;
- Promote passwords, MP3, or Warez;
- Own or operate a website in connection with a person who is under 18 years of age; or
-  Any thing or method that is illegal, immoral, improper or unethical in the view of The Company.

IN SHORT, WE EXPECT, INDEED, DEMAND, THAT YOU ACT WITH THE HIGHEST ETHICAL STANDARDS UNDER THIS AGREEMENT - IT IS THE STATED POLICY OF HEAVENANDHELLCASH THAT ANY AFFILIATE SENDING VISITORS BY ANY METHOD WE CONSIDER AN UNACCEPTABLE TRAFFIC SOURCE MAY HAVE THEIR ACCOUNT CANCELLED AND HAVE ANY MONIES EARNED AND/OR OWED TO THEM FORFEITED.

9. Test Sales

HeavenAndHellCash does not pay for affiliate test sales. We have no problem with you testing your account by joining yourself. But you must notify HeavenAndHellCash by Email within twelve (12) hours of effecting any such test sale. Please Email us the site, date and username you joined with, so we can cancel the join and payment. We will not pay on a join we feel is a test join.

10. Procedure Relating to Alleged or Actual Third Party Rights Infringement by a Participating Affiliate.

Upon The Company’s receipt of a proper notice of alleged copyright, trademark, service mark or publicity rights violation by Your participating website (The Company will notify You and ask that You provide written documentation of your right to use the allegedly infringing material in your website. That documentation must be:
(a) a license of the rights;
(b) consent from the rights holder or their agent; or
(c) a written statement from you or your attorney (in either email or fax form)
explaining your claim to have a lawful right, or a legal defence, to display the allegedly infringing material.

If you do provide The Company with appropriate rights documentation (a, b or c, above), The Company will forward that documentation to the rights holder or their agent, as appropriate. Should the rights holder/agent not be satisfied, The Company will provide the rights holder/agent with your contact information in order that they may contact you and pursue any remaining dispute with you directly.

If you fail to provide The Company an appropriate written response (a, b or c, above), you will have ten (10) days from the date of The Company’s original notification to you to remove the complained of content. Should you fail to remove said content within ten days, the referring URL containing the complained of content will be blocked and any funds otherwise due and payable to You relating to the referring URL will be forfeited, UNTIL SUCH TIME AS YOU PROVIDE AN APPROPRIATE WRITTEN RESPONSE. You will also be placed in an "infringer" database, and should repeated complaints be made against you for rights violations, the Company has the right to permanently terminate you from the HeavenAndHellCash program.

HOW TO REPORT ALLEGED RIGHTS INFRINGEMENT BY A WEBMASTER PARTICIPATING IN THE HEAVENANDHELLCASH PROGRAM:
If you are the holder, or authorized representative of the holder, of a copyright, trademark, service mark, or publicity right that you have reason believe is being infringed by a third party webmaster participating in the HeavenAndHellCash program, please email abuse@HeavenAndHellCash.com.

11. Term of the Agreements.

The term of this Agreement will begin upon our acceptance of your Affiliate Program Application 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 notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commission’s 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 earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.

12. Modification.

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided
above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.

13. Relationship of Parties.

You and The 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 will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the Company and The Company expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.

14. Limitation of Liability.

We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.

15. Disclaimers.

We make no express or implied warranties or representations with respect to the Affiliate Program or any The Company services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

16. Representations and Warranties.

You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or
which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide The Company with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said 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 in connection therewith.

17. Confidentiality.

We may disclose to you certain information as a result of your participation as part of the Program, which information 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, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to The Company, customer and vendor lists relating to The Company and any members of the Affiliate Program, 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 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 strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. Should you received a court notice, complaint or subpoena requesting or seeking to compel disclosure of Confidential Information, you shall immediately inform The Company and The Company shall have the right, and be given the opportunity, to obtain a protective order to prevent disclosure of such Confidential Information. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.

18. Indemnification.

You hereby agree to indemnify, defend and hold harmless The Company, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant,
representation or warranty made by you herein; or (iii) or any claim related to your site.

19. Prohibited Countries.

Due to excessive fraud attempts, we generally do not allow affiliates to participate in our program who reside or operate in or via, the following countries, without prior written agreement and acceptance:
Afghanistan, Albania, Algeria, Andorra, Angola, Anguilla, Antarctica, Antigua and Barbuda, Argentina, Armenia, Aruba, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bermuda, Bhutan, Bolivia, Bosnia and Herzegowina, Botswana, Bouvet Island, British Indian Ocean Territory, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Cayman Islands, Central African Republic, Chad, Chile, China, Christmas Island, Cocos (Keeling) Islands, Colombia, Comoros, Congo, Cook Islands, Cote D'Ivoire, Croatia (Hrvatska), Cuba, Cyprus, Djibouti, Dominica, Dominican Republic, East Timor, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Falkland Islands (Malvinas), Faroe Islands, Fiji, French Guiana, French Polynesia, French Southern Territories, Gabon, Gambia, Georgia, Ghana, Gibraltar, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Heard and Mc Donald Islands, Holy See (Vatican City State), Honduras, Hungary, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kiribati, Korea, People's Republic of, Korea, Republic of, Kuwait, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liberia, Libya, Lithuania, Macau, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montserrat, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands Antilles, New Caledonia, Nicaragua, Niger, Nigeria, Niue, Norfolk Island, Northern Mariana Islands, Oman, Pakistan, Palau, Palestinian, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn, Poland, Qatar, Reunion, Romania, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and The Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Georgia & South Sandwich Islands, Sri Lanka, St. Helena, St. Pierre and Miquelon, Sudan, Suriname, Svalbard and Jan Mayen Islands, Swaziland, Syrian Arab Republic, Taiwan, Tajikistan, Tanzania, United Republic of, Thailand, Togo, Tokelau, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, United Arab Emirates, United States Minor Outlying Islands, Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Virgin Islands (British), Virgin Islands (U.S.), Wallis and Futuna Islands, Western Sahara, Yemen, Yugoslavia, Zambia, Zimbabwe.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. BY CHECKING THE "I AGREE" BOX ON OUR JOIN FORM YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.

Note: Your Affiliate Program Application will be presented upon accepting this Affiliate Program Agreement.

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