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MidnightClicking Terms Of Service

Failed Cashout Fee - added 7-8-12
It is with great sadness that I have to add this fee. When I prepare to do cashout, my plan is to pay everyone that requests. I assume that everyone can read and understand English and will have read and understand these terms. Should I have to cancel a pending cashout the reason why is sent to the member by either a support ticket, a personal admin message or an admin message to all members. There is no reason for a member to have more than one failed cashout for the same reason. Due to the large number of failed cashouts, I am adding a Failed Cashout Fee of $.25 for every requested cashout that fails due to any of following reasons.

1. Free members requesting cashout with less than 100 clicks in the current or previous month.
2. Members with ptp earnings in the current or previous month and requesting cashout with less than 150 clicks in either month.
3. Having less than 10% in personal earnings vs ptp and/or affiliate page earnings.
4. Cashout requests for more than $3.00.
5. Requesting a cashout by Paypal after being told by me that Paypal will NOT allow me to pay your country (Only India and Israel that I know of).
6. Not accepting sites TOS.
7. Must select male or female but NOT both.

I will NOT make the Failed Cashout Fee retroactive for previous Failed Cashouts EXCEPT for those members that have ANOTHER Failed Cashout for the same reason as previously cancelled after 7-8-11, in that case it will be retroactive back to 1-1-12 and include ALL previous Failed Cashouts by that member.

Monthly Click Requirement
Free members must click at least 100 ads per month. ALL Members using PTP (free or upgraded) must click at least 150 ads per month - added 10-2-2011.

Personal Earnings vs PTP Earnings Requirement
The total of personal earnings (Direct cash earnings) must the greater than 10% of PTP earnings. As an example - if ptp earnings are $.50 the personal earnings have to be at least $.05. - added 10-2-2011.

By signing up and actively using the MidnightClicking program you agree to all terms and conditions set forth in this agreement. MidnightClicking may, at any time, choose to edit, add and/or delete portions of this agreement and impose changes without prior notification of its affiliates. Affiliates will be informed of any and all changes to this policy via an e-mail to their primary contact e-mail address provided upon signing up with MidnightClicking. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the MidnightClicking program following our posting of a change in policy notice or new agreement on our site will constitute binding acceptance to the change.

Responsibility of Affiliates:
You must be 13 years of age or older to participate in this program. Our program is open to both US and International affiliates and is void where prohibited by local governing laws.

You agree to and must use your own name and e-mail address in the sign-up process and may not assume a false identity. You may not sign-up multiple times with different e-mail addresses. Your computer must not be shared with another individual that has an existing MidnightClicking account.

You will use your e-mail address / password combination to access your account, it is your responsibility to keep this information confidential, you may change this information by logging into your account and following the "User Account Info." link.
You are solely responsible for any and all use of your MidnightClicking account including authorization by you to any third party individual who may use your account.

Should any instances of fraud, system abuse, or any type of activity deemed to be inappropriate or illegal by MidnightClicking be detected it may result in member termination and possible legal action. Any solicitation of advertisers for a confirmation e-mail for purposes of receiving credit in your account will be grounds for immediate termination.

You must maintain your e-mail account that you used when signing up with MidnightClicking. You agree to receive e-mail advertising from MidnightClicking. limited to no more than (10) per day.

In the event your e-mail account on file becomes closed or blocked to messages from MidnightClicking, your account will be terminated. This especially applies to e-mail accounts returned for being Full. Any member sending us gibberish will result in automatic termination of account and Forfeiture of All earnings to date of termination. Auto-responses will also be deleted immediately.

Relationship of the Parties:
You and MidnightClicking are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and MidnightClicking. You understand that you do not have authority to make or accept any offers or make any representations on behalf of MidnightClicking. You may not make any statement, whether on your site or otherwise, that would contradict anything in this section. You are solely responsible for the reporting and payment of any taxes for money earned while using the program.

Limitation of Liability:
MidnightClicking will not be liable for lost profits, lost business opportunities, or any other indirect, special, punitive, incidental or consequential damages arising out of or related to this Agreement or MidnightClicking program, even if MidnightClicking has been advised of the possibility of such damages. Furthermore, MidnightClicking aggregate liability arising under this Agreement will not exceed the amount of the total fees paid or payable to you under this Agreement. The provisions of this Section survive termination or expiration of the Agreement.

Payments:
Affiliates may earn by receiving paid-emails and visiting the advertiser websites after they have entered their member ID in the area on the website provided by MidnightClicking. Affiliates may earn by referring new affiliates to the MidnightClicking program. Affiliates will earn a percentage of advertising revenues collected by MidnightClicking.

MidnightClicking will pay affiliates when their balance reaches the minimum payout rate set by MidnightClicking. Once the member has reached payout they may request payment. Payments will be made within 30 days or a reasonable time after.

Spam:
You may not promote your referral links through unsolicited emailing (i.e. SPAMMING), newsgroup postings, or any other method of mass communication. Failure to comply will result in immediate termination of your affiliateship with MidnightClicking and may result in legal prosecution. MidnightClicking strictly enforces anti-Spamming laws. Spamming is a federal crime. Any member caught Spamming will not only have their account terminated immediately and lose any past, present and future earnings, but shall also be held liable for Spamming as we shall cooperate with any authorities and investigations that may arise from the Spamming incident. MidnightClicking may charge up to $5 per spam e-mail sent. Multiple sign-ups shall be grounds for immediate termination of all involved accounts. Signing up multiple times from the same computer also constitutes fraud. MidnightClicking will file charges for recovery of any earnings received from multiple sign-ups.


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