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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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