Terms of Use

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND RCI INTERNET SERVICES, INC. (RCI) BY ENROLLING, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

1. Definitions
   This Agreement contains the complete terms and conditions that apply to you joining in the NaughtyBids AffiliateProgram (the "Program"). The purpose of this Agreement is to allow linking between your web site and RCI's NaughtyBids Affiliate Progam web site. As used in this Agreement, "we", "us", and "our" means RCI, dba NaughtyBids Affiliate Progam, and "you", "your" and "yours" means the applicant. "Site" means a World Wide Web site and, depending on the context refers either to NaughtyBids Affiliate Progam site or to the site that you will link to our site. "Click" means a method that takes the surfer, as determined by the IP address, from the enter button of a legally linked banner or text link of our site from your site. "Sign Up" means a surfer that legally linked to our site from your site and sucessfully subscribed (filled out correctly and agreed to our terms) to one of our programs.
   
   
2. Text Links and Banners.
   You will be responsible for the content, style, and placement of the links. We provide a complete farm to choose from in order to meet the criteria in the operating agreement and you may not alter banners, buttons, graphics or text links (referred to as "Graphics").. If you would like to modify our Graphics, you must obtain written permission from Rick's Cash first. Further, you may add or delete approved Graphics from your site at any time without our approval. New Graphics will be posted in the Farm from time to time. It is your responsibility to make sure that all changes are adhered to.
   
   
3. Customers.
   A surfer who clicks on our Graphics and submits information through this Program shall be deemed to be customer of NaughtyBids Affiliate Progam. As such, all NaughtyBids Affiliate Progam rules, policies and procedures concerning these customers shall apply including any and all changes to our rules, policies and procedures at any time.
   
   
4. Site Responsibility.
   You will be solely responsible for developing, operating and maintaining your site as well as for all materials that appear on your site. Further, you agree to indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site. In addition, you agree that you have no rights, title or interest in or to the Graphics whether created and/or modified by you or us. You also agree not to apply for registration of any of the Graphics (or any Graphics similar there to) anywhere around the world. As part of your site responsibility, you agree that you will not engage, participate or become involved in any action that could be construed as tarnishing and/or damaging to the reputation of any NaughtyBids Affiliate Progam Graphics. Further, you agree that your web site information, including, but not limited to name, URL, traffic counts, etc., may be used by NaughtyBids Affiliate Progam.
   
   
5. Publicity.
   You shall not in any way publish or distribute any written material that refers to us without first submitting such material to us for written approval, which we agree shall not be unreasonably withheld. Further, you agree to give us a non-exclusive license to use your names, URLs, titles, logos, ect. to advertise, market, promote and publicize in any manner our rights hereunder; provided, however, that we shall not be required to do so.
   
   
6. Spams and Falsification.
   Should NaughtyBids Affiliate Progam in its sole discretion determine that you are guilty of spamming, providing false account information, falsely increasing your number of clicks and/or acting or attempting to act in any false, misleading or illegal manner, NaughtyBids Affiliate Progam shall have the right to immediately terminate this Agreement with cause and hold all monies due you. Such termination or waiver thereof shall in no way constitute a waiver of any other Section of this Agreement.
   
   
7. Idle Accounts.
   Should your account remain idle for 4 consecutive Pay Periods, NaughtyBids Affiliate Progam will close your account after first sending notice to your last known email address.
   
   
8. Term of Agreement.
   This Agreement will begin upon your joining our Program and receiving an account number and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon termination of this Agreement by either party, you shall immediately cease your use of all Graphics and halt offering access to NaughtyBids Affiliate Progam.
   
   
9. Modifications.
   NaughtyBids Affiliate Progam reserves the right to modify any and all of the terms and conditions of this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, but not be limited to, changes in the scope of referral fees, e-mail collectors, fee schedules, payment procedures and/or Program rules. Your continued participation following three (3) days from the posting of notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such changes and/or modifications.
   
   
10. Relationship of Parties
    It is understood and agreed that we are independent contractors pursuant hereto, and nothing contained herein shall be construed or deemed to make us partners or joint venturers, nor shall either of us or any of our agents or employees be construed or deemed to be an employee of the other. You 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 10.
    
    
11. Limitation of Liability
    We shall not be held liable for indirect, special or consequential damages including, but not limited to, any loss of revenue, profits or data arising from operation or performance of this Agreement or the Program, regardless of whether we were informed or had direct or imputed knowledge of the possibility of such damages or loss in advance. Further, our aggregate liability (including attorney's fees) arising with the operation or performance of this Agreement or the Program shall not exceed the total monies due and/or payable to you under to this Agreement.
    
    
12. Disclaimers, Representations and Warranties.
    You represent and warrant to us that the information you supplied to us when enrolling is true and correct and that you are duly organized, validly existing and in good standing and are duly qualified and licensed to do business and to carry out your obligations under this Agreement and execution, performance and delivery of this Agreement does not violate any existing agreement to which you are a party or by which you are bound. Further, we make no express or implied warranties or representations with respect to the Program or any of the services provided through the Program including, but not limited to, 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.
    
    
13. Indemnification.
    You shall indemnify and hold us and our directors, officers, employees, shareholders, agents, sub-contractors, representatives and affiliated companies (referred to as "Covered Party") harmless from and against any and all claims, actions, suits, damages, injuries, losses, deficiencies, liabilities, obligations, commitments, causes of action, costs or expenses of any kind or nature (including reasonable legal fees and other expenses incurred in investigating and defending against the same, and interest) incurred by such Covered Party resulting any breach of the representations, warranties, covenants, agreements and obligations of you hereunder and any gross negligence or willful misconduct of you or your partners, officers, employees, agents, subsidiaries, parents and affiliates in connection with the provision of services pursuant hereto. Furthermore, you shall notify us of any legal claim, demand, right or cause of action asserted, instituted or threatened against us that arises from or in connection with this Agreement, whether or not you are obligated to indemnify us for such claim hereunder. The terms of this provision shall survive the termination of this Agreement.
    
    
14. Review and Acceptance.
    You acknowledge that you you have read this Agreement and agree to all of its terms and conditions. You also understand and agree that we may operate multiple web sites that may or may not be similar to or compete with this Program and that we may solicit customer referrals that may be different than the terms and conditions contained in this Agreement. Further, you agree that you are relying solely on this Agreement in making your decision to enroll and that you are not relying on any representation, guarantee or statement or than as stated in this Agreement.
    
    
15. Arbitration and Choice of Law
    Any controversies, disputes, actions, causes of action, or other claims arising out of or in connection with the provisions of this Agreement which cannot be settled by mutual agreement shall be finally settled by arbitration in Texas in accordance with the rules of the American Arbitration Association. The arbitrator may enter a default decision against any party who fails to participate in the arbitration proceedings and the decision of the arbitrator shall be final, unappealable and binding and judgment on the award may be entered in any court having jurisdiction thereof. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to the principles of conflicts of laws thereof.
    
    
16. Assignment.
    This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, permitted assigns and legal representatives, including the purchaser of the stock or assets of either party hereto. Nothing in this Agreement is intended to confer any rights or remedies on any person or entity, which is not a party to this Agreement. Neither this Agreement nor any obligation hereunder may be assigned, transferred, or delegated, voluntarily or by operation of law, by either party hereto without the prior written consent of the other party hereto; provided, that no such consent shall be necessary for such an assignment, transfer or delegation by us to any of our wholly-owned subsidiaries.
    
    
17. Entire Agreement.
    This Agreement constitutes the entire agreement between us as to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements or representations between the parties. The invalidity, illegality or un-enforceability of any provision of this Agreement shall not effect the validity, legality or enforceability of any other provisions of this Agreement, all of which shall remain in full force and effect. No failure or delay by us to exercise and no course of dealing with respect to any of our rights regarding your obligations of this Agreement, shall operate as a waiver thereof. Any single or partial exercise by us of any of our rights shall not preclude us from any other or further exercise of any such right or the exercise of any other right. Any single or partial waiver by us of any of your obligations under this Agreement shall constitute a waiver of such obligation only as specified in such waiver and shall not constitute a waiver of any other of your obligations.
    
    
18. Captions.
    Each caption of this Agreement shall be used as a heading only and shall in no way be construed to limit the meaning and/or interpretation of each Section of this Agreement as regards to its function, use and understanding.
    
    
19. Confidentiality.
    The information and services provided through our Graphics and site by NaughtyBids Affiliate Progam are proprietary in nature and, by enrolling, you acknowledge that you are not a competitor of NaughtyBids Affiliate Progam and agree not to share this information with any competitors.
    
    
20. Proprietary Rights.
    All rights, title and interest in and to any and all customers shall be owned exclusively by NaughtyBids Affiliate Progam including, but not limited to, names, addresses, URLs, financial profiles and any and all other information submitted to NaughtyBids Affiliate Progam. The terms of this provision shall survive the termination of this Agreement.
    
    
21. Right To Cancel By RCI
    An Affiliate account may be canceled at anytime after being inactive for 60 days. To be considered an active affiliate you must cause to be created 20 new accounts per calendar month