TOTEM CASH AFFILIATE PROGRAM AGREEMENT This Agreement contains the complete terms and conditions that apply to your participation as a member of the TOTEM CASH Affiliate Program. This program is operated by TOTEM FRONT OFFICE, a Florida LLC with offices at 4010 NW 25th Place, Gainesville, Florida 32606, USA (hereinafter, "TOTEM FRONT OFFICE”) to promote webstes owned and operated by TOTEM ENTERTAINMENT, a French SARL company with offices at 2/4 avenue de l’Europe, Velizy, France (hereinafter, "TOTEM ENTERTAINMENT”) (collectively, “TOTEM”),. As used in this Agreement, "you" or "your" means the applicant/participating member. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TOTEM . BY SIGNING-UP FOR TOTEM CASH YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND THAT 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. Enrollment in this Program. To begin the enrollment process, you will submit a completed Program Application through our website: http://www.totemcash.com . We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine that your site is 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"). 2. Utilizing Links on Your Site. As the owner/operator of an affiliate
website of TOTEM FRONT OFFICE ("Affiliate Site"), you may use
any form of promotion you choose, consistent with the terms of this Agreement.
You may use banner advertisements, button links and/or text links to our
site (the "Links"), however, you CANNOT SPAM. Any activity by
you or on your behalf that we determine or reasonably suspect to be the
result of an unsolicited e-mail program will result in your immediate
termination from the Program and your forfeiting of monies otherwise due
you hereunder. 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. 3. Commissions. The Program comes in two forms of commission payout: 4. Commission Payment. Commissions due and owing to you under the Program will be paid to you by TOTEM FRONT OFFICE every 2 weeks. Available means of payment are checks (US Bank), epassporte and wire transfer for amounts exceeding $1000 (Please contact us with your bank account information). 5. 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 (a) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you, or (b) 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. 6. Responsibility for Your Site. You will be solely responsible for the
development, operation and maintenance of your site and for all materials
that appear on your site. 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 libelous or otherwise illegal (including bestiality,
rape, incest, child pornography, or any other content deemed inappropriate
or 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. 6.1 The use any form of mass unsolicited electronic mailings, newsgroup postings, IRC postings, adware, spyware, malware marketing or any other form of "spamming" as a means of promoting Affiliate Web sites or for the purpose of directing or referring users to any web sites owned, operated or controlled by TOTEM. TOTEM HAS ZERO TOLERANCE FOR SPAMMING. IF AFFILIATE SPAMS, PARTICIPATION IN THE PROGRAM WILL BE TERMINATED, AFFILIATE WILL BE BARRED FROM FUTURE PARTICIPATION IN THE PROGRAM AND ALL FUNDS OTHERWISE DUE TO AFFILIATE WILL BE FORFEITED TO TOTEM. AFFILIATES WISHING TO SEND TRAFFIC TO TOTEM SITES VIA ELECTRONIC MAIL PROMOTIONS MUST DO SO IN COMPLIANCE WITH THE CAN-SPAM ACT, THE FTC's FINAL RULE REGARDING SEXUALLY EXPLICIT COMMERCIAL EMAIL AND THE TERMS LISTED BELOW: a) All email must include the mark SEXUALLY-EXPLICIT: (in this exact form) in the subject heading. This mark in the subject line must be in ASCII format. b) The SEXUALLY-EXPLICIT: mark must also be included in the initially viewable area (termed the "brown paper wrapper") of the email message. The initially viewable area of the message is defined as the portion of the message that is immediately visible to the recipient withouth taking any affirmative action to view the message, like scrolling down or clicking a link that leads to the sexually explicit material. c) Sender must EXCLUDE from both the subject heading and intially viewable area of the message any sexually explicit words or visual depictions. Therefore, the subject heading and initially viewable area must EXCLUDE words and/or images that depict the following: Actual or simulated - d) In addition to the SEXUALLY-EXPLICIT: mark, the initially viewable
area of the email must also include the following: 6.4 Affiliate shall ONLY use Promotional Pictures and Images provided by TOTEM to promote sites that are included in the Program. For purposes of this Agreement Promotional Pictures and Images means any of the images and/or videos provided on totemcash.com. 6.5 Affiliate shall disseminate, transmit, broadcast or distribute the material provided through the Program only to consenting adults over the age of eighteen (18) years, twenty-one (21) years in those locations where that is the age of majority. 6.6 All content displayed on any web site containing TOTEM banners or links, and all content displayed on any web site to which Affiliate provides third party links to, must comply with all local laws and community standards. Accordingly, Affiliate shall not include, or link to, any of the following within a website that contains TOTEM banners or links, or directly or indirectly link any of the following content or material to any TOTEM website through any hyperlinks maintained or created on Affiliate's Web sites: (i) Material deemed obscene by TOTEM, including without limitation, materials depicting bestiality, rape or torture; (ii) Any material not in full compliance with the provisions of 18 U.S.C. Sec. 2257; (iii) Any material that constitutes child pornography, any material in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations, or material that 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. Prohibited material mentioned herein includes the use of the term 'lolita' for any purpose in any fashion including, but not limited to, within meta-based tags; (iv) Any material deemed by TOTEM to be threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity; (v) Any material which constitutes an infringement, misappropriation or violation of any person's intellectual property rights including without limitation, copyrights, trademarks, rights of publicity, patent rights, personal property rights, privacy rights or any other intellectual property right; unless if the site is defined as an online service provider in the Digital Millennium Copyright Act and taking copyright violation very seriously to protect the rights of legal copyright owners. (vi) Any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature, regardless whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person. 6.7 Any provision of inaccurate or incomplete information to TOTEM concerning your identity, bank account, address or other required information; Any attempts to cheat, defraud or mislead TOTEM in any way; Misrepresenting to the public the terms and conditions of TOTEM’s sites or your sites. 7. 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 in our records, is considered sufficient notice for us 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 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 canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid. 8. 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. 9. Relationship of Parties. You and TOTEM 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 TOTEM and TOTEM expressly disclaims responsibility for any conduct by you in violation of our terms of agreement. 10. Limitation of Liability. TOTEM 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. 11. Disclaimers. We make no express or implied warranties or representations with respect to the Affiliate Program or any TOTEM 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. 12. 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,
internet service provider or other person or entity provide TOTEM with
notice that you have engaged in transmission of unsolicited 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 13. 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 (b) website, business, and financial information relating to TOTEM , and (c) customer and vendor lists relating to TOTEM and any members of the
Affiliate Program other than you. 14. Indemnification. You hereby agree to indemnify, defend and hold harmless TOTEM , 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"), insofar as such losses (or actions in respect thereof) arise out of or are based on (a) any claim or threatened claim that our use of your trademark(s) infringes on the rights of any third party; (b) the breach of any promise, covenant, representation or warranty made by you herein; or (c) or any claim related to your site. 15. Miscellaneous. Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the United States and the State of Florida, without reference to rules governing choice of laws. 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. The sole and exclusive venue for any action arising under this Agreement will be the state and federal courts Florida, and you hereby submit to the jurisdiction and venue of such courts. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TOTEM . BY SIGNIN-UP FOR THIS AFFILIATE PROGRAM AGREEMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY 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. |