Advertisers Agreement 

These terms and conditions constitute the entire agreement ("the Agreement") between Fresh Checks and its Advertisers and supersede any other written or oral representations, statements, understandings or agreements. By advertising sites owned by Fresh Checks, you agree to be bound by this Agreement.

Association with illegal activities is prohibited. You may not promote our sites or our program on sites that endorse, promote or feature child pornography, bestiality, rape, violence, torture or any other illegal activity. This applies even if the activity is legal in your jurisdiction. No exceptions, this is something we will not tolerate and will report to the proper authorities!

You must be over 18 – 21 if that is the age of majority in your country of residence – to participate in the Fresh Checks program.
 
BULK EMAIL ACCEPTABLE USE POLICY
We DO allow affiliates to market our websites via bulk e-mails, however, it is extremely important that any such mass e-mailings by you conform to our terms. You need to be aware of the fact that many service providers, such as AOL, have their own policies when it comes to mass mailing their members. Please familiarize yourself with AOL's policy, as most mass mailings will reach at least some AOL members (e.g., username@aol.com) http://www.aol.com/info/bulkemail.html

The marketing of our websites is strictly prohibited if done through the transmission of unsolicited bulk email. You must have a prior business relationship with the e-mail recipient, including but not limited to having obtained their e-mail address through an opt-in procedure. We strongly encourage you to maintain electronic records of the manner in which you obtain e-mail addresses for use in mailings. This is because, if we receive a complaint from a person who received a promotional e-mailing from you, you will need to demonstrate to us that such person did not receive unsolicited bulk e-mail from you. We also strictly prohibit you from transmitting e-mail that contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing. We also strictly prohibit you from transmitting e-mail that is relayed from any third party's mail servers without the permission or which employs similar techniques to hide or obscure the source of the e-mail.

The transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender under applicable federal and/or state law. Should we determine, in our sole discretion that you have violated this AUP, be assured that you will be terminated immediately, will be ineligible to sign up for another account, will not be paid for any traffic or subscriptions generated and your registration information may be turned over to complaining parties (including AOL).

International Webmasters

All funds are paid in US Dollars.

We do not allow Advertisers based in countries in Eastern Europe or Asia to participate in the program. In addition, we do not allow Advertisers based in any country where the promotion of homosexual pornographic material is illegal.
 

Payments

If you have chosen to participate in our percentage commission program, you will be paid 50% of the membership revenue you generate for us.  Membership revenue is defined as the total membership fees (initial fees and recurring) paid by visitors you send to Fresh Checks, less the credit card processing fees incurred by processing those memberships.

Technology

While we aim to avoid technical problems, we are not responsible for any faults, delays or downtime that may affect the performance of our sites or our program. There will be no compensation for such technical problems.

We use in-house computer software to measure and record unique hits and sign ups from all our Advertisers. In any dispute, our software will prevail in determining the number of unique hits and sales sent to us by any Advertiser. No other factors may be considered.
 

Termination

Important: Fresh Checks reserves the right to terminate any account, at any time, if its directors believe these terms and conditions have been breached in any way.  In such an event, all accrued funds may be forfeited.

1) We also reserve the right to terminate any account for any other reason by giving the Advertiser seven (7) days notice. In such an event, all accrued funds will be paid.

2) SPAMMING IS NOT ALLOWED! Spamming includes: newsgroups, unwanted e-mail, AOL Instant Messenger, ICQ, IRC, or any other forms of promotion we consider unlawful. Your account will be closed and all funds will be withheld.

3) No cheaters, sending fake clicks, spamming, credit card fraud. etc.

4) Any misrepresentation of our sites, which includes but is not limited to misrepresenting the cost of membership, terms of membership, or content contained within our sites will not be tolerated. Exploitation of our terms and conditions, and/or instructing the member to sign up and cancel is also not permitted in any way. Any changes that we make in our membership price, terms, etc, will be emailed to you and you must make the changes.

5) Any person found in violation of third party copyright, trademark, patent or any other intellectual property right violation or infringement will be removed from our program and funds will be withheld.

6) Web sites hosted on non-adult free hosts that do not permit adult content, which includes but is not limited to Geocities, Angelfire, Tripod, Xoom, CJB.net, Hypermart, etc, will be closed and funds will be withheld.

7) We reserve the right to add, remove, or modify the terms and conditions at any time. It is the webmaster’s responsibility to check terms and conditions.

8) We reserve the right to cancel an account with an abnormal amount of chargebacks and refunds.

9) You may terminate the agreement at any time by e-mailing sales@freshchecks.com.

10) Our sites cannot be used as bait to join another site!

You must remove all our photos and videos, banners, graphics and logos from your site(s) and cease sending web traffic to Fresh Checks within seven (7) days of this Agreement being terminated.
 

Miscellaneous

The headers in this Agreement are for information only and shall not affect its implementation. If any part of this Agreement is deemed unenforceable, the remainder shall remain intact.