Terms & Conditions
This affiliate agreement (this “agreement”) contains the complete terms and conditions between ourselves, CashAssociate (“CashAssociate” or “we” or “us”), and you, regarding your application to participate as an affiliate (an “affiliate”) of CashAssociate in the CashAssociate affiliate program. As an affiliate your role will be to promote the “x4labs.com” site managed by CashAssociate , the “sinrex.com” site managed by CashAssociate , the “euroextender.com” site managed by CashAssociate , the ” slim9.com” site managed by CashAssociate , the “penisaccess.com” site managed by CashAssociate, collectively referred to as the “sites”). By signing up to the CassAssociate.com, you have agreed to the “terms and conditions” (or similar wording) you accept the terms and conditions of this agreement, which is a legally binding agreement between you and us.
CashAssociate application and enrollment. To become an Affiliate within the CashAssociate program you will have to submit a completed CashAssociate application, as made available on the Site. We will evaluate your application and, provided that your application is acceptable, notify you of your acceptance to the CashAssociate program. We may reject your application if we determine, in our sole discretion, that your sites (as indicated in your application) (“affiliate sites”) are not suitable for any reason, including, but not limited to, inclusion of content on your affiliate sites that we deem is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable, which by way of example only, might mean that it contains (i) sexually explicit, pornographic or obscene content (whether in text or graphics), (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise), (iii) graphic violence, (iv) politically sensitive or controversial issues or (v) any unlawful behavior or conduct. Similarly, we shall reject your application if we determine, in our sole discretion, that any of your affiliate sites are designed to appeal to minors. Further, CashAssociate is strongly committed to the protection of its end -users from all types of malicious, harmful or intrusive software and holds a zero-tolerance policy in such regard. Therefore, we shall reject your application if we deem, at our sole discretion, that any of your affiliate sites are designed to distribute or promote any spyware, adware, trojans, viruses, worms, spybots, keyloggers or any other form of malware. You shall have no right to appeal any decision to reject your application.
Protection of minors. In accordance with the Canadian and International laws, persons under the age of 18 are not allowed to register on our sites. Our sites are not designed to attract children or adolescents, and we take certain measures to block underage persons from interactions with the sites. Therefore, we shall reject your application if we determine, at our sole discretion, that any of your affiliate sites are designed to appeal to minors and, as such, are not suitable for the CashAssociate program.
Setting Up links and Promotions. In the event of your acceptance as an affiliate, we will make available to you, banner advertisements, button links, text links and other content as determined by CashAssociate (all of which shall relate specifically to the sites), which shall link to either the x4labs.com site, the sinrex.com site, the euroextender.com site, the slim9.com site, the penisaccess.com site, (collectively referred to hereinafter as the “links”), which you may display on your affiliate sites, provided you abide by the terms and conditions of this agreement. In using the links, you agree that you will cooperate fully with us in order to establish and maintain the links. If during the term of this agreement you wish to place the links on sites other than the affiliate sites you must request and receive CashAssociate’s permission for the placement of the links on such alternative sites before placing any such links (where permission is granted, such alternative sites shall then become affiliate sites for the purposes of this agreement). You may not modify a link, unless you have received prior written consent from CashAssociate to do so. In the event that we determine that your use of any link is not in compliance with the terms of this agreement, we shall be entitled to take such measures as to render inoperative the links used by you. You may not advertise the sites in any way not approved in advance by CashAssociate including, without limitation, the use of spam e-mails.
Your activities in relation to a Promotion shall be strictly in accordance with CashAssociate’s relevant guidelines as such shall exist and be amended from time to time. Your offering of a promotion at any time shall be conditional on your receipt of our prior written approval for the promotion and in the event that you do not receive our approval in relation to a promotion, you shall not be permitted to receive any commissions generated, as defined below. You shall refrain from marketing the sites in any way which might compete with our own marketing efforts, unless you have received written approval from us in such regard. By way of example, only the following activities will be considered to be activities, which if undertaken by you, would compete with our own marketing efforts and are prohibited hereunder: (i) the placement of links on any Internet sites on which we place advertisements for the sites and (ii) the promotion of the sites by you by way of keyword advertising with Internet search engines. Your breach of the foregoing provisions will constitute a breach of this Agreement, and CashAssociate retains full authority to (i) terminate this agreement immediately in the event of such breach and (ii) retain for its own account any commission arising as a result of such competitive activities that would otherwise have accrued to your benefit. In relation to PPC and keyword bidding it is hereby made clear that you may not advertise (make use in any search engine ads) or purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service, which are identical or similar to any of the following trademarks or trade names from time to time or include the words “x4labs” or “sinrex” or “euroextender” or “penisaccess” or slim9″ or any variations of each thereof, or include meta tag keywords in PPC advertising which are identical or similar to any trademarks or trade names from time to time or otherwise include the word “X4 Labs”.
CashAssociate’s measurements and calculations in relation to the number of sales and the relevant commission figures shall be the sole and authoritative tool and shall not be open to review or appeal. We shall make the number of your sales and the relevant commission figures available to you through the CashAssociate site that is located at www.cashassociate.com. To permit accurate tracking, reporting, and commission accrual, you must ensure that the links between your affiliate sites and the sites are properly formatted throughout the term of this Agreement.
Commissions. with respect to the x4 labs site, the euro extender site, the slim9 site, the sinrex site, the penisaccess site, the commission program for all new affiliates shall be as set out on www.cashassociate.com
Notwithstanding the foregoing, you acknowledge and agree that a different payment program may apply to other Affiliates who are already being paid by CashAssociate in accordance with an older or alternative payment program or in other particular cases as determined at CashAssociate’s sole discretion from time to time.
Please note that we reserve the right to take action against Affiliates and/or any of their referred customers that show patterns of manipulating the CashAssociate commission program. If we determine at our sole discretion that such conduct is being practiced, we may withhold any commission payments accrued to the benefit of the relevant Affiliate and terminate this agreement with immediate effect.
All commissions shall be paid to you on a bi-monthly basis, approximately the 1st day and the 15th day of each month. Payments of commissions shall be made directly to you as per your preferred payment method elected by you as part of your application process. In the event that you provide CashAssociate with incorrect or incomplete details in relation to your preferred payment method and CashAssociate is not able to transfer the commissions to you, CashAssociate reserves the right to subtract from the commissions due to you an amount of money to reflect the required investigation and additional work created by your having provided incorrect or incomplete details. CashAssociate shall be entitled to set-off from the amount of commission to be paid to you any associated costs related to the transfer of such commission. In the event that the commission to be paid to you in any pay period is less than $200 (the “Minimum Amount”), CashAssociate shall not be obligated to make the payment until such time as the commission is equal to or greater than the Minimum Amount.
We reserve the right to reduce your commissions or deactivate your account in the event that you do not have any qualifying sales during six (6) consecutive calendar months.
CashAssociate retains the right to review all commissions for possible Fraud, whether such Fraud is on the part of the referred customer or on your part. In any period of time during which CashAssociate reviews commissions for possible Fraud, such review period not to exceed 180 days, CashAssociate shall have the right to withhold any commission accrued in your favor, such commissions not to be paid until such time as the review has been concluded. Any incidence of Fraud on your part constitutes a breach of this Agreement, and CashAssociate retains full authority to terminate this agreement immediately in the event of such breach. Further, in the event that CashAssociate deems that Fraud has occurred, either on your part or on the part of a referred customer, you shall not be entitled to receive any commissions which have accrued to your benefit at such time in relation to same whether such commissions were generated through Fraud or otherwise. CashAssociate retains the right to set-off from future commissions payable to you any amounts already received by you which can be shown to have been generated by Fraud. You are urged to provide accurate details in regard to the manner and information relating to your preferred method of receiving commissions and CashAssociate shall not be held liable for your delayed receipt of commissions due to your provision of inaccurate details.
For the purpose of this agreement and by way of example only the term “Fraud” shall include, but shall not be limited to, (i) the encouragement by you or a third party of bonus abuse on the part of the referred customer, (ii) a chargeback executed by a referred customer in relation to completed sale, (iii) collusion on the part of the referred customer with any other users r on the sites, (iv) the opening of an account in breach of the terms of this Agreement, (v) the offering or providing by you or any third party of any unauthorized incentives (financial or otherwise), (vi) in reference to second tier or “downline” webmaster referrals you may not refer yourself or your company under your own existing account ,(vii) any other act by you or by a third party which is reasonably understood to have been committed in bad faith against CashAssociate regardless of whether or not such action has resulted in any type of harm or damage to CashAssociate. CashAssociate shall have the right to immediately block your account and forfeit any past and future commissions which have accrued to your benefit.
For the avoidance of doubt it is hereby stated by CashAssociate and agreed by you that the future commissions which CashAssociate shall pay to you shall relate solely to the products on the sites. CashAssociate shall have no obligation whatsoever in relation to future products or services provided to Affiliates by CashAssociate or any of its affiliated entities or commercial partners.
Intellectual Property. In the event of your acceptance to the CashAssociate program, we shall grant you a non-transferable, non-exclusive, revocable license to place the links on your affiliate sites during the term of this Agreement, and solely in connection with the links, to use our logos, trade names, trademarks, service marks and similar identifying material as contained in the links (collectively, “Licensed Materials”), solely for the purpose of promoting the sites. You are not permitted to alter, modify or change the Licensed Materials in any way whatsoever. You may not use any Licensed Materials for any purpose whatsoever other than promoting the sites, and even then you may not do so without first submitting a sample of such use to us and receiving our prior written consent. You are not permitted to use the Licensed Materials in any manner that is disparaging or that otherwise portrays CashAssociate or anyone else negatively. We reserve all of our intellectual property rights in the Licensed Materials. We may revoke your license to use the Licensed Materials at any time by written notice to you, whereupon you shall immediately destroy or deliver up to us all such materials that are in your possession. You acknowledge that, except for the license which may be granted to you in connection hereto, you have not acquired and will not acquire any right, interest or title to the links, the Licensed Materials by reason of this agreement or your activities hereunder. The aforementioned license shall terminate upon the termination of this Agreement.
Obligations Regarding Your affiliate sites. You will be solely responsible for the technical operation of your affiliate sites and the accuracy and appropriateness of materials posted on therein. You agree that your affiliate sites will not, in any way, copy or resemble the look and feel of the sites (or any part thereof), nor will you create the impression that any of your affiliate sites are the sites (or any part thereof). You also agree that none of your affiliate sites will contain any content of the sites or any materials which are proprietary to CashAssociate, except (i) with our prior permission, or (ii) the links. In particular, you are not permitted to register a domain name that includes, incorporates or consists of our trademarks or any domain name that is confusingly similar to such trademarks. On execution of this agreement and as a continuing obligation, you will inform CashAssociate of any domain names you own which are in breach of the foregoing. Once we become aware that you have registered a breaching domain name you will be informed and required to transfer the domain name to us forthwith and free of charge to any company we nominate. YOUR OBLIGATION TO TRANSFER DOMAIN NAMES REGISTERED IN BREACH OF THIS CLAUSE EXTENDS TO DOMAIN NAMES REGISTERED PRIOR TO THE DATE OF EXECUTION OF THIS AGREEMENT. Until the domain name has been transferred to the nominated company you will not allow the domain name registration to lapse. We may, in our sole discretion, withhold all commission payments that may be due to you until the domain name is transferred. You will not use any unsolicited or spam email to promote the sites and will ensure that your affiliate sites and any related marketing materials or communications do not contain any spyware, adware or other unwanted threats. If your affiliate sites or any related marketing materials or communications are found to contain any spyware, adware or other unwanted threats, we reserve the right to terminate this agreement and your participation in the CashAssociate program immediately. You undertake to comply with all reasonable instructions received from CashAssociate in relation to your activities in marketing and promoting the sites including, without limitation, any instruction received from CashAssociate requesting you to post on the affiliate sites information regarding new features and promotions on the sites. You will indemnify and hold CashAssociate harmless from all claims, damages, and expenses (including, without limitation, legal fees and expert witness fees) relating to the development, operation, maintenance, and contents of your affiliate sites or any materials, products or services linked to therein. You hereby acknowledge that your conduct as an Affiliate shall reflect on CashAssociate and has the potential to cause substantial damage to CashAssociate’s reputation and goodwill and that you shall at all times consider the goodwill and reputation of CashAssociate and CashAssociate’s name.
Term. The term of this agreement will begin upon your acceptance to the CashAssociate program as an Affiliate and will end when terminated by either Party. At any time, either Party may immediately terminate this Agreement, with or without cause, by giving the other Party written notice of termination, where such notice may be served via fax or e-mail. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this agreement for any reason, you will immediately cease use of, and remove from your affiliate sites, all links and Licensed Materials and any other names, marks, symbols, copyrights, logos, designs, or other proprietary designations or properties owned, developed, licenses or created by us and/or provided by or on behalf of us to you pursuant to this agreement or in connection with the CashAssociate Program. Following the termination of this agreement and our payment to you of all commissions due at such time of termination, we shall have no obligation to make any further payments of commissions to you.
Modification. We may modify any of the terms and conditions contained in this Agreement, at any time at our sole discretion. You agree that posting a change of terms notice or a new agreement on our CashAssociate site at www.cashassociate.com is considered sufficient provision of notice and such modifications shall be effective as of the date of posting. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules and payment procedures. If any modification is unacceptable to you, your sole recourse is to terminate this agreement and your continued participation in the CashAssociate program following our posting of a change notice or new agreement on our CashAssociate site will constitute binding acceptance by you of the change. Due to the above, we advise you to frequently visit the CashAssociate site and review the terms and conditions of this Agreement.
Limitation of Liability. We will not be liable for any indirect, special or consequential damages, or any loss of revenue, profits or data arising in connection with this agreement or your participation in the CashAssociate program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement will not exceed the total commissions paid or payable to you under this Agreement. Notwithstanding the foregoing, nothing in this agreement shall limit our liability for death or personal injury resulting from our negligence.
Relationship of Parties. You and CashAssociate are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
Disclaimers. We make no express or implied warranties or representations with respect to CashAssociate 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 the sites will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors.
Representations and Warranties. You hereby represent and warrant to us the following: (i) you have accepted the terms and conditions of this agreement, which creates legal, valid and binding obligations on you, enforceable against you in accordance with its terms; (ii) such acceptance and the performance by you of this agreement and the consummation by you of the transactions contemplated hereby will not conflict with or violate any provision of law, rule, regulation or agreement to which you are subject to; and (iii) you are an adult of at least 18 years of age. You further represent that you have evaluated the laws relating to your activities and obligations hereunder and you have independently concluded that you can enter this agreement and fulfill your obligations hereunder without violating any applicable rule of law.
Confidentiality. We may disclose to you certain information as a result of your participation as an Affiliate within the CashAssociate program, which information we consider to be confidential (herein referred to as “Confidential Information”). 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 the same is required by law or legal process.
Indemnification. You hereby agree to indemnify, defend and hold harmless CashAssociate, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including legal 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) the breach of this agreement by you or any representation or warranty made by you herein; or (ii) any claim related to your affiliate sites.
Entire agreement. The provisions contained in this agreement constitute the entire agreement between the parties with respect to the subject matter of this Agreement, and no statement or inducement with respect to such subject matter by any Party which is not contained in this agreement shall be valid or binding between the Parties.
Independent Investigation. You acknowledge that you have read this Agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the CashAssociate program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
Miscellaneous. This agreement and any matters relating hereto shall be governed by, and construed in accordance with Canadian law and shall be subject to the exclusive jurisdiction of the Courts of Justice, Quebec. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Language Discrepancies. In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English language version shall prevail.