Terms & Conditions
The AFFILIATE AGREEMENT (further referred to as “the Agreement”) given below constitutes a legally binding agreement governing the relationship ITMCash and you, further referred to as “the Affiliate” concerning everything related to your participation in the ITMCash affiliate program. Please note that your signing up as an affiliates indicates your acknowledgment that you have studied and understood the Agreement, agreeing to be bound by all the terms and conditions contained herein.
Also, please note that nothing contained in the present Agreement shall be seen as creating any partnership, joint venture, franchise, agency, sales representation, or employment relationship between you and ITMCash. You do not have and will not have any authority, express or implied, to make, accept, or negotiate any offers or representations on behalf of ITMCash.
Compliance with Law
All activities shall be conducted by the Affiliate in strict compliance with any and all applicable laws, Federal, State or International, as well as rules, regulations or ordinances applicable in any jurisdiction in which the Affiliate is operating. The Affiliate understands and agrees that any violation of applicable laws in any jurisdiction while acting pursuant to its relationship with ITMCash, such Affiliate will indemnify and defend any claims brought against ITMCash, its employees, officers, or related entities. The Affiliate hereby agrees to not only defend ITMCash in such claims, but to further reimburse ITMCash for any and all expenses incurred as a result of Affiliate's violation, including marketable attorneys' fees, court costs, and other expenses. Affiliate shall notify ITMCash immediately of any actual or potential violation.
1. You must be 18 or 21 years of age, depending on your local jurisdiction, to participate in the Affiliate program.
2. Spamming. ITMCash.com has a ZERO TOLERANCE policy relating to "spamming." No spamming of any kind, whatsoever, is permitted to ITMCash.com's site. We do not allow Affiliates to market websites under this program through the transmission of unsolicited bulk e-mails. If you send hits or cause hits to be sent via unauthorized spamming methods, your status as Affiliate will be revoked, your account cancelled and all monies due to you will be forfeited.
Should any law enforcement agency, internet service provider or other individual or entity provide ITMCash.com with notice that you have engaged in the transmission of unsolicited e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, ITMCash.com reserves the right to cooperate in any investigation relating to your activities, including the disclosure of your account information in connection therewith.
3. Unacceptable Traffic. Child Pornography, bestiality, rape, torture and/or any other type of obscene and/or illegal material are not tolerated by ITMCash.com. If you send hits or cause hits to be sent from any site which contains Child Pornography, bestiality, rape, torture of any other type of obscene and/or illegal material your status as Affiliate will be revoked, your account cancelled and all monies due to you will be forfeited.
Further, ITMCash.com does not accept traffic from any site that contains materials which constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc.
4. Structure of the Promotion: Active Affiliates are paid by ITMCash.com based on the commission program.
Standard commission options are available as follows:
Up to 80% commissions
Up to 5% referral program
Special Fixed Rates are applicable to following offers:
Bathmate: Hercules 20 EUR, Hydromax 25 EUR, Goliath 30 EUR
Bathmate offer runs on Per Sale basis.
ITMCash.com offers several billing options on its sites in order to satisfy the members' needs regarding type of payment instrument, currency and geographic location. Some of the billing options provide a lower profit performance when compared to the standard.
ITMCash.com reserves the right to adjust Affiliate payouts based on lower than average profit performance from referred sales.
5. Current minimum payouts are:
- Webmoney 100€
- Payment by Wire Transfer 100€ (fee of 35$ is added if the payment is below 1000$)
- PayPal 100€
- Paxum 100€
6. The Pay Periods for affiliate commissions are as follows:
ITMcash.com makes payouts every month from 10th till 15th Day. We have hold for 30days. EXAMPLE: Money Earned in May will be paid from 10th till 15th of July.
All affiliate payments are made in $
7. Reservation of Rights. ITMcash.com reserves the right to cancel this program at any time.
ITMcash.com shall not be liable for any losses due to server downtime, net congestions and any and all similar and like occurrences or difficulties. All ITMcash.com program benefit materials, including but not limited to all advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property provided to you by ITMcash.com as part of this program shall remain the property of ITMcash.com and may not be copied, reproduced, altered, modified, changed, broadcast, distributed, transmitted, disseminated, sold or offered for sale in any manner except as expressly authorized in writing by ITMcash.com.
8. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion.
9. Relationship of Parties. 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 ITMcash.com and ITMcash.comtmpting expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
10. 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. ITMCash shall not be held liable for any circumstances arising out of force majeure situations, acts of God, network disruptions, or other circumstances of uncontrollable nature.
ITMCash shall not be held liable to the Affiliate for inaccessibility to any of its services or possible downtime due to, but not limited to: 1) server failures; 2) ISP/network failures; 3) hardware downtime; 4) network maintenance, including routine and emergency; or 5) any other technical difficulties which may occur in the present technological situation and may result in loss or incorrect processing of sales and traffic activity. ITMCash may, though not on an obligatory basis, provide the Affiliate with assistance regarding such circumstances.
11. 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.
12. Indemnification. You hereby agree to indemnify, defend and hold harmless ITMcash.com, 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.
13. Miscellaneous. This Agreement shall be binding, the failure of ITMcash.com to enforce the strict performance of the terms of any provision of this Agreement shall not be deemed a waiver of the right of ITMcash.com to subsequently strictly enforce any provision of this Agreement. This Agreement constitutes the entire agreement between you and ITMcash.com. If for any reason a court of competent jurisdiction finds that any provision of this Agreement, or portion thereof, to unenforceable, in whole or in part, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement and the remainder of this Agreement shall continue in full force and effect.
14. Acceptance and Execution of Agreement. By clicking on the "I agree" button on the signup form, and by supplying ITMcash.com.com with all the required information to sign you up as a Affiliate, you are acknowledging that you have read and agree to all of the terms and conditions, promises, warranties, duties and obligations set forth in the above agreement and agree to be bound by the terms thereof.
Support Email: firstname.lastname@example.org
Beronata Services LTD
Themistokli Dervi 6, 1066, Nicosia, Cyprus