TERM & CONDITIONS
The following terms and conditions reflects the obligations of the WEBMASTER and of HVL cyberweb solutions (here after called “BrainCash”). WHEREAS any payments due to the WEBMASTER are based solely on the internet advertising services supplied by the WEBMASTER to BrainCash. All conditions must be adhered to, and are legally binding.
The following describes the general conditions that have to be followed by BrainCash and by the WEBMASTER.
- All members that process a transaction via WEBMASTER referral links are considered to be customers of BrainCash. The WEBMASTER has no legal claim to this member, and BRAINCASH is the sole entity responsible for the customer for the entire duration of the membership.
- The WEBMASTER agrees to not create any confusion with BrainCash's members.
- The WEBMASTER agrees to conduct its business to always keep Braincash in good standing with any credit card associations' regulations. The WEBMASTER will be liable for any actions, proceedings, claims, demands, expenses, damages, loss of business, loss of profits, charges, fines that BrainCash may suffer as a result of the WEBMASTER's misconduct.
- If the WEBMASTER uses its own domain name to create its own free tour section for the promotion of any Braincash' s sites, the WEBMASTER agrees to use that domain name solely for the promotion of that specific site. The WEBMASTER also agrees to keep that domain name active and pointed to BrainCash's site for a period of 3 years following the last sale generated on the site. The WEBMASTER shall be liable for any damages, loss of business, loss of profits, charges, fines that BrainCash may suffer resulting from, but not limited to, the redirection of the WEBMASTER's URL toward another website.
- If the WEBMASTER uses its own content to promote BrainCash, the WEBMASTER grant to BrainCash a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content.
- The WEBMASTER agrees not to interfere with any business relations or the operations of Braincash, its associated companies, officers, employees, agents, contractors, directors, shareholders and attorneys. The WEBMASTER agrees to pay all costs, expenses, losses and damages which may be incurred in connection with any such actions, proceedings, claims or demands.
- BrainCash will not accept for a webmaster to send traffic to its websites,promote its products or programs in a way that might generate serious complaints.
- BrainCash accepts no email promotion OF ANY KIND WHATSOEVER. Any traffic from email will result in immediate account cancellation and forfeiture of all monies. Should BrainCash receive complaints due to unsolicited emails sent by the WEBMASTER, he will be added to the BrainCash blacklist and the WEBMASTER’s information will be sent to the appropriate organization's legal department. The WEBMASTER’s accounts will be terminated and payment will be void. This condition applies to, but is not limited to, newsgroups, icq, irc, email, AOL, etc.
- The WEBMASTER must respect BrainCash’s good reputation.
- BrainCash will not be held responsible for loss due to downtimes resulting from complications with hosting equipment, hardware or technical errors.
- The WEBMASTER may not promote any of BrainCash’s programs on sites displaying child pornography, bestiality, hate sites or any other sites displaying illegal material. In such cases, the WEBMASTER’s accounts will be terminated and the payment void.
- The WEBMASTER is responsible for reading and respecting all the conditions defined by BrainCash. If the conditions are not respected, the WEBMASTER’s account will be terminated and the payment void. No warnings will be issued, and no reasons or excuses will be accepted.
- The WEBMASTER is responsible for providing BrainCash with a valid email address which will be used for contact purposes.
- The WEBMASTER certifies is conducting business at the address provided in the registration information.
- If the WEBMASTER cheats anywhere on the BrainCash network, he will lose all accounts in all programs and will not be allowed to gain access to new accounts.
- Credit card fraud is closely monitored and will not be tolerated by BrainCash. Every case is reported to the credit card company concerned (Visa, Mastercard...) and the applicable authorities. In the event that we detect any sort of mechanism that falsely generates signups to the website, we will prosecute the WEBMASTER responsible to the fullest extent of the law.
- We reserve the right to cancel the program at any time
- In order to enroll and participate in the Program, 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 Program in any way if you are not of the age of majority in the state, province or country where you reside and/or conduct business
For the webmaster referral program an active webmaster is defined as a webmaster that has sent a small number of signups (the number is between 5 and 10 to prevent fraud) to the program. Family members are not eligible as referrals and any attempt to "cheat" the program will result in immediate account termination.
You must be the one who owns or is otherwise is entitled to contract on behalf of the entity which owns the rights to your website.
Acceptance and Execution of This Agreement by creating the account, your automatically accepting to the terms and conditions of Braincash.com and by supplying BrainCash with all the required information to sign you up to BrainCash affiliate program, you are acknowledging that you agree to all of the terms, conditions, promises, warranties, duties and obligations set forth in the above agreement.
CONDITIONS SPECIFIC TO A PARTICULAR PROGRAM
The following conditions concern the different programs offered to the WEBMASTER. Each program has specific conditions that must be followed by the WEBMASTER.
Specific to Revshare Program
The WEBMASTER is paid 50% of the profits generated on BrainCash’s websites from its traffic, after the credits, chargebacks and processing fees have been deducted. The WEBMASTER will receive 50% of profits generated from the WEBMASTER’S traffic for as long as the surfers renew their memberships, without limitation. If the surfers take a trial membership and do not rebil, we will pay 50% of profit on the trial. If the trial converts in a full membership we still pay the same 50% of profit and for the lifetime of the membership.
PROFITS = INCOMES - (CREDITS + CHARGE BACK + FEES)
- Members of the WEBMASTER’s family, friends, and relatives as well as the WEBMASTER himself or anyone working with or for the WEBMASTER are not authorized to join BrainCash’s site(s) through the WEBMASTER’s account. If the WEBMASTER wishes to test BrainCash’s system, he must e-mail BrainCash to indicate the transaction before or following the test, without fail.
- Signups will not be tracked by BrainCash should the customer refuse to be tracked (by disabling cookies).
Specific to Per Signup Program
- The WEBMASTER will be paid a flat rate of 35$ US per signup generated on BrainCash’s websites.
- Members of the WEBMASTER’s family, friends, and relatives as well as the WEBMASTER himself or anyone working with or for the WEBMASTER are not authorized to join BrainCash’s site(s) through the WEBMASTER’s account. If the WEBMASTER wants to test BrainCash’s system, he must e-mail BrainCash to indicate the transaction before or following the test, without fail.
- The commissions paid for a specific signup by BrainCash will be deducted from the WEBMASTER’s account if that signup is identified as a fraudulent transaction.
Specific to Webmaster referral program
- The WEBMASTER cannot refer someone within his own organization or direct family (BrainCash will monitor this carefully).
- The WEBMASTER cannot refer someone that already has an account in one of our cash programs.
- BrainCash may deactivate any referred account that is not profitable without warning.
Specific to Pay Per Trial Program:
- The WEBMASTER will be paid a flat rate of 35$ US per trial generated on BrainCash’s websites.
You acknowledge and agree that Braincash shall have the right to deny or withhold payment from You and to terminate You from the Program if there has been an abnormal number of chargebacks or cancellations of memberships or subscriptions which have been referred to Braincash through Your Web site. You further acknowledge and agree that Braincash shall have the right, in its sole and exclusive judgment, to determine what constitutes an abnormal number of chargebacks or cancellations of memberships or subscriptions.
Braincash reserves the right, in its sole and exclusive discretion, at any time to alter or modify the Program including the method and terms of all payment benefits to participants. Upon notice of any change in benefits under the Program, You shall have the right to withdraw or terminate your participation in the Program.
BrainCash reserves the right to close ALL the accounts and void the payment of a WEBMASTER caught cheating with one of his account. In the event that BrainCash detects any sort of fraud made by a WEBMASTER, BrainCash will prosecute the WEBMASTER to the fullest extent of the law.
If any or all publicity programs are closed by BrainCash, the WEBMASTER will be notified and will be paid for all earnings generated up to that point in time, except in cases where it is determined that the WEBMASTER has cheated by violating these terms and conditions.
If a WEBMASTER wants to close his account, he must contact BrainCash and request for his account to be closed. In this case, BrainCash will pay for all earnings generated up to that point in time, except in cases where it is determined that the WEBMASTER has cheated by violating these terms and conditions.
NO EMAIL SOLICITATIONS
Braincash DOES NOT ACCEPT ANY EMAIL SOLICITATIONS OF ANY KIND. Braincash will not accept, under any circumstances, any referrals that are obtained, directly or indirectly, from email promotions or email marketing, whether or not such email promotions comply with the Marketing Act of 2003 (the CAN-SPAM ACT). Any breach of this restriction will result in the WEBMASTER's immediate termination and forfeiture of any further payments, whether or not such payments are attributable to email marketing.
WHERE DO I REPORT SPAM?
To report SPAM please e-mail: [email protected]
The WEBMASTER agrees to indemnify BrainCash, its associated companies and their successors, assigns, officers, employees, agents, contractors, directors, shareholders and attorneys from and against all actions, proceedings, claims or demands, which may be made against BrainCash, its associated companies and their successors, assigns, officers, employees, agents, contractors, directors, shareholders and attorneys by reason of any act, deed, matter or thing done or omitted to be done by the WEBMASTER and to pay all costs, expenses, losses and damages which may be incurred in connection with any such actions, proceedings, claims or demands.
By accepting these terms and conditions, the WEBMASTER, its directors and officers as well as any other corporations which would serve the WEBMASTER as corporate shelter, jointly, severally and unconditionally guarantees to BrainCash the prompt payment and full completion of any and all obligations described herein including but not limited to the payment of all costs, expenses, legal fees, losses and damages which may be incurred in connection with any such actions, proceedings, claims or demands. This Indemnification shall survive for a period of sixty (60) months after the date of Termination of this Agreement.
Any intellectual property right, title and interest, including any derivative right, moral right and personal right, in and to any work, performance, picture, video, invention, trademark, know-how, confidential information or trade secret; shall be the sole and exclusive property of BrainCash and the WEBMASTER shall have no right, title or claim to such intellectual property.
CHANGES TO THESE TERMS AND CONDITIONS
- BrainCash reserves the right to terminate this agreement or transfer an account from a publicity program to another at any time, for any reason, including, but not restricted to, profitability. In any case, the WEBMASTER will be notified and will be paid for all earnings generated up to that point in time, except in cases where it is determined that the WEBMASTER has cheated by violating these terms and conditions.
- If any of the conditions need to be changed, or new conditions added, BrainCash will post a notice on the WEBMASTER’s news page. The WEBMASTER will then have seven (7) days to respect the new condition should it apply to him before BrainCash starts enforcing it. If the WEBMASTER doesn’t respect the new condition after the said delay, his account will be terminated and the payment of incomes generated after the new condition is applicable will be voided.
- Governing Law: This Agreement shall be governed and construed pursuant to the laws of the Province of Quebec, Canada. Any dispute arising hereunder shall be resolved by binding arbitration before one (1) arbitrator in Montreal, Quebec, Canada.
- Acceptance and Execution of Agreement: Your acceptance of the Terms and Conditions (by checking the box on the " Sign Up " page) and the subsequent transmission of the Sign Up form means the WEBMASTER agrees to be bound by the terms and conditions set forth in this Agreement and Braincash agrees to become a counter-party to the Agreement. The date of execution shall be the date on which Braincash receives the Sign Up form.
Important Information for Canadian Webmasters and Corporations using Braincash
Braincash is currently located in Montreal, Quebec, Canada. This means that we obligated to pay all legal business taxes to our Canadian Webmasters and Corporations. All Canadian Webmasters who are registered for the HST (Harmonized Sales Tax) or the GST (Goods and Services Tax) will have the applicable tax paid by Braincash. Coincidentally, if you are located in Quebec, Canada, Braincash will also have to pay the QST (Quebec Sales Tax) due to the fact that we are also located within the Province.
Due to the unique and special type of business we are in, it is not possible for us to calculate the taxes for all Canadian webmaster / corporation at the same time we send checks. In addition, we will need an invoice from all Canadian Webmasters that wish to receive their taxes, otherwise we will be unable to claim said taxes through the proper Taxation Agencies. In order to be able to pay out these taxes, we are going to need the following information from each one of our Canadian Webmasters/Corporations:
You will need to provide us with your registration number for all relevant taxes, in addition to one (1) invoice for each payout you receive.
Keep in mind that if we pay you the applicable taxes, they are going to be declared in order for us to get a refund from both the Federal and Provincial Government Tax Agencies. Consequently, these particular Agencies are then going to be looking to you to collect the taxes that you received from us.
In summary, if all the above applies to you and we are required to pay you any applicable taxes, you are obligated to produce an invoice after receiving a payment from us. This invoice should indicate the amount of taxes owed, and upon receipt we will then pay them.