Terms And Conditions
Network Terms and Conditions are as follows: A. All websites, newsletters, companies, or individuals need official approval from TheWay Holdings, LLC [wedebeek.com] ("Network") before they can become an Affiliate Partner ("Affiliate"). Only websites and newsletters that have been reviewed and approved are permitted to use the programs. Network and its partners reserve the right to withhold or refuse approval on any website, newsletter, company, or individual for any reason, whatsoever. B. In order to be eligible for our "Leads Program" Affiliate approval, all websites and newsletters must meet the following criteria: i. Be content-based, not just page with a list of links or advertisements, nor can the site be centered around making money off of our Advertisers. ii. Be written in English and contain only English language content (Some Exceptions with approval) iii. Receive a minimum of 5,000 unique page views per month iv. Have a top-level domain name v. Be fully functional at all levels; no "under construction" sites or sections (some exceptions with approval) vi. Spawning process pop-ups and exit pop-ups are prohibited for click approved affiliates C. The content of the website and/or newsletter cannot contain any adult content nor link from, or to, any adult materials including but not limited to: i. Explicit, vulgar or obscene language ii. Posting or referencing of sexually explicit images or other offensive content iii. Promotion of adult services, such as phone sex or escort services D. The content of the website and/or newsletter cannot infringe on any personal, intellectual property or copyrights including but not limited to: i. Racial, ethnic, political, hate-mongering or otherwise objectionable content ii. Investment, money-making opportunities or advice not permitted under law iii. Gratuitous violence or profanity iv. Material that defames, abuses, or threatens physical harm to others or to you v. Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc. vi. Software Pirating (e.g., Warez, Hotline) vii. Hacking or Phreaking. viii. Any illegal activity whatsoever ix. Any questionable or controversial subject matter x. Any spoofing, redirecting, or trafficking from adult-related websites in an effort to gain traffic E. You cannot complete offers from your own account, unless approved by Network in writing. F. Incentive websites must have strict fraud policies and member verification. All incentive sites are subject to a thorough evaluation process before approval. Network may/will decide to terminate any affiliate who is bringing an abnormal amount of fraudulent traffic. G. In order to be approved as a "Click Program" Affiliate, all websites and newsletters must meet the following criteria: i. Be approved as a "Leads Program" Affiliate ii. Be content-based, not simply a list of links or advertisements, nor can the site be centered around making money off of our Advertisers iii. Spawning process pop-ups and exit pop-ups are prohibited H. You cannot send Unsolicited Commercial Email (i.e., SPAM). You cannot post any specific messages to newsgroups, chat rooms, bulletin boards or any other places unless expressly approved in writing from Network. You can post messages which are generic in nature and do not mention any specific client or offer, which are expressly approved in writing from Network. I. If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation (as determined solely by the administration of Network, such as pre-population of forms or mechanisms not approved by Network), you will forfeit your entire commission for all programs and your account will be terminated. Network reserves sole judgment in determining fraud, and you agree to this clause. J. It is the OBLIGATION of the Affiliate to prove to Network that they are NOT committing fraud. Network will hold your payment in 'Pending Status' until you have satisfactorily provided evidence that you are not defrauding the system. We flag accounts that: i. Have click-through rates that are much higher than industry averages and where solid justification is not evident ii. Have ONLY click programs generating clicks with no indication by site traffic that it can sustain the clicks reported iii. Have shown fraudulent leads as determined by our clients iv. Use fake redirects, automated software, and/or fraud to generate clicks or leads from our programs K. Filling out this form constitutes an agreement between Network and the Affiliate. The commission payment that is generated to the Affiliate varies per registered subscriber to the programs offered and/or per clicks. This commission payment is made approximately 30 days after the end of the month and after receiving payment from the Advertiser. Delinquent Advertiser payments received by Network will be credited to the Affiliate in the month that they are received. Network does not guarantee payment to the Affiliate if the Advertiser does not pay Network. Commission payment totals must exceed $50.00, otherwise this payment will not be made until the $50.00 minimum is reached. International Affiliates (outside of the United States) agree to a minimum $100.00 to be reached. All affiliate payments are based upon the stats recorded in Network and are generated automatically as long as the affiliate has submitted a completed W-9/W-8. L. Affiliate agrees not to carry objectionable materials on their website which would revoke their affiliation as determined by Network. Affiliate will only run approved banners and text in their advertising of our programs and will NOT create their own banners or advertising text, unless expressly approved in writing from Network. Violation of this forfeits your commissions. Affiliate WILL NOT spam or send unsolicited email mentioning or promoting the Affiliate programs. Any violation of this will result in the Affiliate being liable for damages of $1.00 per email sent and other damages as deemed by a court of law. M. Editing of an Advertiser's program images or copy is strictly prohibited. Affiliate will only use approved banners and text to link to an Advertiser's sign-up pages. Affiliates will not mislead people to make it seem that they are signing up for an offer that is offered by the Affiliate site. Affiliate can ONLY use banners and approved text, any other use of link and sign-up processes will result in the loss of all sign ups/leads accrued for the Affiliate. N. Network reserves the right to terminate any Affiliate's contract for any reason whatsoever. Termination notice will be provided via e-mail and will be effective immediately. All legitimate moneys due to Affiliate will be paid during the next billing cycle. If Affiliate defrauds the system, then payment is revoked as determined solely by Network. N-1. Any affiliate found to completing offers directly from the affiliate panel will result in the reversal and non-payment of the self-completed campaigns. N-2. Any affiliate found to be tampering with the internal systems of Network, hacking, or in any way defrauding the system, will be immediately suspended and any payments withheld. O. You guarantee that all content, products, and services on your website are legal to distribute and that you own or have the legal right to use any and all copyrighted material. P. Affiliate irrevocably covenants, promises and agrees to indemnify Network and to hold Network harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims resulting from member's web pages. Affiliate will further defend, indemnify and hold Network harmless from and against any and all actual or threatened claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising from or relating to Affiliate's performance or non-performance of its obligations hereunder. EXCEPT FOR INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING LOST PROFITS OR REVENUES, OR HARM TO BUSINESS) EVEN IF SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Network's LIABLITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHER LEGAL THEORY, BE GREATER THAN THE TOTAL AMOUNT PAID BY Network TO AFFILIATE HEREUNDER. Q. If any Affiliate violates or refuses to take part in their responsibilities, or commits fraudulent activity against us, Network reserves the right to withhold payment and take appropriate legal action to cover its damages. R. Network reserves the right to change any conditions of this contract at any time. Change notices are sent to Affiliates by email, and Affiliates are responsible for complying with any changes to the contract within 10 calendar days from the date of change. Failure of the Affiliate to terminate the agreement within those 10 calendar days will constitute acceptance of the changes to this contract. S. Network gives no warranty, express or implied, for any and all services and products provided, including, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service by Network or its upstream providers. T. You agree to settle any dispute under this agreement under the laws of Florida. Any litigation arising under this Agreement will be brought in state courts in Pasco County, Florida. U. If the advertiser for the campaign you have generated leads upon, does not end up paying for said leads Network is not obligated to distribute payment to you for such. V. Any legal action taken by an advertiser, agency, client, person, or entity against Network for actions of you (the affiliate) that violate these terms and conditions, you accept that Network will work with the advertiser, agency, client, person, or entity to divulge your personal information. You also agree that Network is not liable for your actions, and you will bear all costs (legal or otherwise) that Network incurs if Network is sued by advertiser, client, agency, person, or entity. W. If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby. X. You must be 18 years or older to sign up as a Network affiliate. Y. Your traffic must come from relevant countries to the campaigns. We monitor IP source and will remove credit for non-country relevant traffic. This means english related campaigns must be delivered to english speaking countries. USA based campaigns must be delivered to USA based citizens, and so forth. (i.e Clicks coming from South America for USA based campaigns may not result in credit). Z. NO CRAIGSLIST TRAFFIC IS ACCEPTED TO ANY OF OUR OFFERS. No Traffic from anything similar to CraigsList is allowed to our offers.