Terms of Use

The Bonobo Cash Terms and Conditions of Use

If you are a member of The CCBill Affiliate Network, you only need to read and agree to this Agreement. If you are not a member of The CCBill Affiliate Network, you must complete a registration form to join The CCBill Affiliate Network and then read and agree to this Agreement. We may reject your application after initial approval if we determine (in our sole discretion) that your Site is unsuitable for the Program.

Unsuitable sites include, but are not limited to, those that:
  • Infringe trademark rights of Bonobo Cash or any third party or otherwise violate the rights of any third party
  • Contain child pornography, hateful or violent content
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promote illegal activities or otherwise violate any applicable laws, including those targeting “spyware,” “adware” or SPAM
  • Violate any intellectual property rights, including, without limitation, scraping text or images from Bonobo Cash’s websites
  • Do not clearly state an online privacy policy to its visitors
  • Otherwise are considered offensive or inappropriate at Bonobo Cash’s sole discretion

Once you are accepted into the Program, you will be able to participate in the Program subject to the terms and conditions of this Agreement. You should also note that if you are accepted to participate in the Program and your Site is thereafter determined (in our sole discretion) to be unsuitable based on the criteria herein for the Program, we may terminate this Agreement.

Agreement

This Agreement is made between Intercan Media Design Inc. (“Bonobo Cash”) and you (“Affiliate”).

Background

Affiliate and Bonobo Cash are each enrolled in The CCBill Affiliate Network.

Affiliate and Bonobo Cash each desire to establish the general terms and conditions that shall govern advertising and commission arrangements between Affiliate and Bonobo Cash resulting from their participation in The CCBill Affiliate Network.

Terms and conditions

In consideration of the promises set forth below, Bonobo Cash and Affiliate agree as follows:

1. Offers and Engagements

1.1. From time to time, and for a limited time, Bonobo Cash may post on The CCbill Network offers to pay Affiliate a specified commission in return for certain advertising services leading to a Qualifying Link, as defined in section 3.2 below.

1.2. If an Offer made by one party is accepted by the other party in accordance with the Offer’s terms via The CCBill Network, an “Engagement” will have been formed.

1.3. At any time, Bonobo Cash may with or without notice (a) change, suspend or discontinue any aspect of an Offer or an Engagement or (b) remove, alter, or modify any graphic or banner ad submitted by Bonobo Cash for an Offer or an Engagement. Affiliate agrees to promptly implement any request from Bonobo Cash to remove, alter or modify any graphic or banner ad provided by Bonobo Cash that is being used by Affiliate as part of an Engagement.

2. Affiliate’s responsibility

2.1. Affiliate will link its site to areas within Bonobo Cash’s sites using special URLs specified in the Engagement (the “Required URLs”). Affiliate may post as many links to the Required URLs and the rest of Bonobo Cash’s sites as it likes on Affiliate’s site. The position, prominence and nature of links on the Affiliate’s site shall comply with any requirements specified in the Engagement and this Agreement, but otherwise will be in the discretion of Affiliate.

Affiliate must ensure that the proper graphics are used with the appropriate URLs, and that the URLs link to the correct pages. Affiliate promptly shall remove links to the Required URLs and Bonobo Cash’s sites upon Bonobo Cash’s request.

2.2. Affiliate may not bid on search terms or keywords utilized by any internet search engine or other directory or referral services (e.g. Yahoo Search Marketing, Google, etc. collectively “Search Engines”) to return or prompt internet search results if such keyword is, includes, or is confusingly similar to any Bonobo Cash trademark or service mark, (including but not limited to Bonobo Cash, Videoboys, Squirtz, Jeremy Roddick, Intercan Media Design Inc., Videoboys Hardcore, and Videoboys Community. Affiliate may be required to employ negative keyword matching to prevent violation of this guideline.

Affiliate may bid on generic search terms (gay sex, porn, etc.) from Search Engines provided that Affiliate’s search terms, listing titles, and descriptions, and the content of their websites do not denote child pornography (as listed in ASACP’s list of Unacceptable Terms), violate the copyright or any other rights of Bonobo Cash or third party, as determined by Bonobo Cash at its sole discretion, or otherwise violate the Terms of Service for the Search Engine that will display the advertising.

2.3. Affiliate shall not make any representations, warranties or other statements concerning Bonobo Cash, Bonobo Cash’s site, any of Bonobo Cash’s products or services, or Bonobo Cash’s site policies, except as expressly authorized by the Engagement.

2.4. Affiliate is responsible for notifying Bonobo Cash and The CCBill Network of any malfunctioning of the Required URLs or other problems with Affiliate’s participation in the Engagement.

2.5. Affiliate will not present or use any content at its site, including, without limitation, graphical images, logos, text copy, editorial copy, press releases or marks, that (i) could be interpreted to suggest that such content has been authored or otherwise provided by, or represents the views or opinions of, Bonobo Cash; (ii) is misleading, defamatory, libelous, obscene, or otherwise objectionable; (iii) infringes, derogates, dilutes, or impairs the rights of Bonobo Cash or any third party; (iv) refers to Bonobo Cash but is used as part of a name of a product or service of a company other than Bonobo Cash; or (v) is used in any other manner inconsistent with any term of this Agreement or with any provision of law.

2.6. Affiliate will not engage in deceptive software download or computer settings practices to promote Bonobo Cash or Bonobo Cash’s sites. The prohibited deceptive practices included, but are not limited to, installing software without user knowledge, changing a user’s home page without securing user permission, and offering downloadable software that does not install.

3. Commissions

3.1. Bonobo Cash agrees to pay Affiliate the commission specified in the Engagement if Bonobo Cash sells to a visitor of Bonobo Cash’s sites a product or service that is the subject of the Engagement and if that Customer has accessed the site and purchased the product or service via a Qualifying Link.

3.2. A “Qualifying Link” is a link from Affiliate’s site to Bonobo Cash’s sites using one of the Required URLs or any other URL provided by Bonobo Cash for use in The CCBill Network if it is the last link to Bonobo Cash’s sites that the Customer uses during a Session where a sale of a product or a service to Customer occurs. A “Session” is either (a) a period of 24 hours from the time of a Customer’s initial contact with Bonobo Cash’s sites via a link from the Affiliate’s site or the Engagement expires or is terminated or (b) if a Customer links to Bonobo Cash’s sites from more than one affiliate site within a 24-hour period, then the period of time beginning from a Customer’s initial contact with Bonobo Cash’s sites via a link from the Affiliate’s site and terminating when the Customer either returns to Bonobo Cash’s sites via a link from a site other than Affiliate’s site or the Engagement expires or is terminated.

3.3. Bonobo Cash shall have the sole right and responsibility for processing all orders made by Customers. Affiliate acknowledges that all agreements relating to sales to Customers shall be between Bonobo Cash and the Customer.

3.4. All determinations of Qualifying Links and whether a commission is payable will be made by The CCBill Network and will be final and binding on both Bonobo Cash and Affiliate. Prices for the products will be set solely by Bonobo Cash in its discretion.

3.5. Bonobo Cash Affiliates can earn commissions on direct website subscriptions only. Store purchases (including but not limited to DVDs and apparel), streamable videos, pay-per-view videos and subscriptions made from linking to Bonobo Cash’s sites from a newsletter are not affiliate commissionnable.

4. Ownership and Licenses

4.1. Each party owns and shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or that it may use or develop in the future.

4.2. Bonobo Cash grants Affiliate a revocable, non-exclusive, worldwide license to use, reproduce and transmit the name, logos, trademarks, service marks, trade dress and proprietary technology provided by Bonobo Cash and posted on Bonobo Cash’s interface solely for the purpose of creating links from Affiliate’s site to Bonobo Cash’s sites during Engagements. Except as expressly set forth in this Agreement or permitted by applicable law, Affiliate may not copy, distribute, modify, reverse engineer, or create derivative works from the same. Any good will resulting from Affiliate’s use of Bonobo Cash’s name, logos, trademarks, service marks and trade dress will inure solely to the benefit of Bonobo Cash and will not create any right, title or interest for Affiliate. Affiliate may not sublicense, assign or transfer any such licenses for the use of the same, and any attempt at such sublicense, assignment or transfer is void.

4.3. Affiliate may use only the logos, trademarks, service marks, trade dress, banners, text links, coupon codes, etc. (“Creative”) that are provided by Bonobo Cash and posted in the Bonobo Cash interface. Creative is to be used solely for the purpose of advertising content on Bonobo Cash’s sites. Affiliate’s use of the Creative shall comply with Bonobo Cash’s Identity Guidelines for Affiliates as provided by Bonobo Cash, which may change from time to time. Affiliate shall not use the Creative in connection with any activity that disparages Bonobo Cash, or its products or services, or that damages the reputation for quality inherent in the same. The use of Creative that is posted on other sites, found in other emails or other sources, manipulated in any way or derived from any means besides the Bonobo Cash interface is not permitted. If Affiliate does not fully comply with this provision Bonobo Cash may withhold commissions, immediately terminate this Agreement, permanently remove Affiliate from the program, or utilize any remedy otherwise available to it in law or in equity.

4.5. Affiliate’s use of Bonobo Cash’s name, logos, trademarks, service marks, and trade dress pursuant to Section 4.2 and 4.3 must be in a manner that is clearly less prominent than that of Affiliate’s name, logos, trademarks, service marks, trade dress, products and/or site name. Affiliate shall not create or attempt to create an impression that there is an association or affiliation between Bonobo Cash and Affiliate beyond the arrangement outlined in this Agreement.