Earn Money From Mobile Traffic!

NightBucks Affiliate Terms and Conditions

Thank you for becoming a participant in the NightBucks ("Program"). Please carefully read all of the following terms and conditions. This is a binding legal agreement ("Agreement") between Night Mobile, located in Gibraltar and the owner of the NightBucks affiliate program, and you (Affiliate).

The following offer is for the Affiliate to participate in the Program is subject to all the terms, conditions, limitations and waivers below. The Affiliate acknowledges and agrees that by participating in the Night Mobile Program the Affiliate will be bound by all the terms and conditions in this Agreement.

The Affiliate must be over the age of 18 or the legal age in the political jurisdiction of which the Affiliate resides in order to be eligible for any agreement with Night Mobile.

1.0 Rights Granted To the Affiliate By Night Mobile. Subject to the terms and conditions set forth in this Agreement by Night Mobile, Night Mobile grants the Affiliate, the following:

1.1 The non-exclusive right to direct, refer or send visitors or users of the Affiliate Web site to web sites owned, operated or controlled by Night Mobile.

1.2 A limited, non-exclusive, nontransferable and revocable license to access and download promotional banners, and other promotional materials created by Night Mobile for use on the Affiliate Web site for the exclusive purpose of advertising, marketing or promoting websites owned, controlled and/or operated by Night Mobile; provided, however, the license herein granted shall automatically and immediately cease upon the termination of this Agreement.

2.0 MODIFICATION OF TERMS AND CONDITIONS. Night Mobile reserves the right to add to, delete from, or change this Agreement at any time. ALL ADDITIONS TO, DELETIONS FROM AND CHANGES OF THIS AGREEMENT ARE EFFECTIVE THREE (3) CALENDAR DAYS AFTER BEING MADE, WHETHER OR NOT ACTUAL NOTICE HAS BEEN GIVEN TO THE AFFILIATE UNLESS NOTICE IS REQUIRED ELSEWHERE IN THIS AGREEMENT. The Affiliate is responsible for reading and complying with any changes that Night Mobile may make to this Agreement.

3.0 Affiliate Program

3.1 $15-20 Pay Per Signup: Night Mobile shall pay the Affiliate $15-20 per signup, generated through enrollment in a free trial, monthly or annual membership. Affiliates will be paid $15 for each referral for the first 24 referrals during the two week pay period. Affiliates will earn $20 for every subsequent referral until the end of the two week pay period.

3.2 60/40 Revenue Sharing: Night Mobile shall pay the Affiliate 60% net recurring of all signups and renewals that the Affiliate's traffic generates using this Program.

3.3 Night Mobile reserves the right to change the payout calculation at any time and notify the Affiliate in writing within three days after the change has been made.

3.4 The Affiliate will elect upon initial commitment to Night Mobile, either to be enrolled in the $15 Pay Per Signup or the 60/40 Revenue Sharing.

3.5 Affiliate Referral Program: A referring Affiliate will be credited $1.5 USD for each subscription by the referred Affiliate with the Night Mobile Program. Affiliate's family members and employees are not eligible as referrals and any attempt to refer ineligible individuals to the program will result in immediate account termination.

3.6 A signup is defined as a signup from a valid referral that does not result in a refund or reversal.

3.7 A successful signup, sale or referral does not include the 24 hour free trial. An Affiliate will only be eligible for compensation if the 24 hour free trial is not canceled prior to converting into a monthly subscription.

3.8 Affiliate acknowledges and agrees that there will be no entitlement to a commission or referral fee for any and all referrals, which are in breach/violation of the terms of this agreement. Affiliate also acknowledges and agrees that there will be no entitlement to a commission or referral fee from Night Mobile for any subscription, which Night Mobile in its sole and unfettered discretion determines, is the result of possible fraudulent activity. In addition, family members and employees of the Affiliate are not eligible as sign ups and any attempt to refer ineligible individuals to the program will result in immediate account termination.

3.9 Night Mobile reserves the right to determine the manner in which payments shall be processed. The pay period shall be split into two monthly periods: from the 1st of the month to the 15th of the month and from the 16th of the month to the last day of the month. Payments shall be made 15 days after the end of the pay period.

3.10 Payment shall be made to the Affiliate via one of the following payment methods: Wire Transfer or Check.

3.11 All payments to the Affiliate will not be less than $100 USD. If the Affiliate has not earned at least $100 USD, the money owed to the Affiliate by Night Mobile will be carried over to the next payment period until such a time when the Affiliate has earned at least $100 USD through this Program.

3.12 A signup is defined as a referral that does not result in a refund, reversal or cancellation in the first 24 hours of enrollment and is not in violation of this Agreement.

4.0 No Joint Or Collaborative Venture; No Monitoring Or Control Of Affiliate Content By Night Mobile. Nothing in this Agreement is intended by Night Mobile or the Affiliate to create or constitute a joint or collaborative venture or partnership of any kind between Night Mobile and the Affiliate, nor shall anything in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between the Affiliate and Night Mobile, its employees, agents or assigns.

4.1 The Affiliate acknowledges and agrees that Night Mobile shall have no control or ownership interests of any kind in the Affiliate's business or Web site.

4.2 The Affiliate acknowledges and agrees that the Affiliate shall have no financial or other interest in Night Mobile or any property owned by Night Mobile, its affiliates, agents, successors or assigns.

4.3 The Affiliate acknowledges and agrees that the Affiliate relationship with Night Mobile shall be restricted to matters pertaining to the Program exclusively and shall be governed entirely by the terms and conditions of this Agreement.

4.4 The Affiliate acknowledges and agrees that Night Mobile have no direct or indirect control over the content of performances or services, the manner of performances or services, or the time or duration of provision of performances or services by the Affiliate on, at or in association with the Affiliate Web site, except as specifically set forth in this Agreement.

4.5 The Affiliate further acknowledges that neither Night Mobile nor any employee, associate, agent, assign or successor of Night Mobile shall exert or provide any direct or indirect control over, monitoring of, supervision of, prior approval of, or review of the content appearing or otherwise distributed on, at or in association with the Affiliate Website, and that the Affiliate shall be solely responsible for any legal liabilities or consequences resulting from the dissemination of that content on or through the Affiliate Web site.

5.0 Affiliate Warranties To Night Mobile. In consideration of Night Mobile providing the Affiliate with the Program Benefits, the Affiliate agrees and warrants as follows:

5.1 The Affiliate warrant that the Affiliate will not promote websites included in this program via spam or email. Any violation of any anti-Spam law shall be deemed to be a material breach of this Agreement. The Affiliate earnings will be held should the Affiliate not comply and the Affiliate account terminated for violation of this Terms and Conditions Agreement.

5.2 The Affiliate warrants that the Affiliate will not copy or reproduce, alter, modify or change, broadcast, distribute, transmit or disseminate any banners or other promotional or advertising materials provided to the Affiliate by Night Mobile pursuant to this Agreement and the Program, in whole or in part, in any manner, at any time anywhere in the world except as authorized by Night Mobile in writing.

5.3 The Affiliate warrants that the Affiliate will ONLY use promotional pictures and images provided by Night Mobile to promote websites that are included in the Program.

5.4 The Affiliate warrants that the Affiliate will not include on the Affiliate web site, or link to, any of the following within a website that contains our banners or links (or, directly or indirectly, link any of the following content or material to any Night Mobile website through any hyperlinks maintained or created on the Affiliate Web Site):

1. Any material depicting bestiality, rape or torture;

2. Any material which is displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors;

3. Any material in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations;

4. Any material that violates any law, regulation or rule, including, without limitation, any material not fully in compliance with 18 U.S.C. Sec. 2257 and 2257A et seq. and the regulations promulgated thereunder, including 28 CFR 75 et seq.;

5. Any material which constitutes child pornography or matter which involves depictions of nudity or sexuality by an age inappropriate-looking performer (i.e. someone who looks younger than 18 years of age), or by a performer who is portrayed or made to appear to be a person under the age of 18 years of age by virtue of the script, make-up, demeanor, costuming, setting, etc., such prohibited material including the use of the term 'lolita' for any purpose in any fashion including, but not limited to, within meta-based tags;

6. Any material which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;

7. Any material which constitutes an infringement, misappropriation or violation of any person's rights, including, without limitation any persons intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or other rights; or

8. Any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature, regardless whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person.

5.5 The Affiliate warrants that the Affiliate shall at all times operate the Affiliate Web Site and the Affiliate business in full compliance with all laws, regulations and rules that apply to the Affiliate, including, without limitation, the Protect Act which prohibits the use of deceptive domain names for adult web sites. The Affiliate also warrants that all materials of every kind, including photographic, videographic, audio and textual materials used in direct or indirect association with the Program, as well as all materials provided to the Affiliate through the Program shall only be transmitted, distributed, broadcast and otherwise disseminated by the Affiliate to willing adults and shall at all times comply with contemporary community standards in the communities into which they are so disseminated.

5.6 The Affiliate warrants that the Affiliate shall remain a Program participant until the Affiliate notifies Night Mobile of any intent to terminate the Affiliate participation in the Program by notifying Night Mobile by e-mail at partner(at)Night Mobile(dot)com". Alternatively, the Affiliate participation in the Program may be terminated by Night Mobile for any reason at any time. Also, the Affiliate acknowledges and agrees that the Program or any parts thereof may be terminated for any reason.

5.7 The Affiliate warrants that the Affiliate will remain a Program participant in good standing at all times while receiving Program Benefits or are otherwise participating in the Program.

5.8 The Affiliate warrants that the Affiliate shall cease to be a participant in good standing and shall be subject to immediate termination of all Program Benefits without prior notice if the Affiliate fails to perform obligations under this Agreement or breach any part of this Agreement.

5.9 The Affiliate warrants that if Affiliate participation in the Program is terminated for any reason, the Affiliate will cease to be a Program Participant in good standing, change the Affiliate Web Site's URL or cease to offer services on the Internet, the Affiliate shall immediately and permanently cease all use of all materials provided to the Affiliate by Night Mobile through the Program and the Affiliate further warrants that the Affiliate will remove all files containing materials provided to the Affiliate pursuant to the Program from the Affiliate Web Site.

5.11 The Affiliate warrants that the Affiliate is the person who owns or is otherwise is entitled to contract on behalf of the entity which owns the rights to the Affiliate Web Site.

5.12 The Affiliate warrants that upon termination of this Agreement the Affiliate will immediately cease using Night Mobile trademarks and service marks and remove from the Affiliate Web Sites any materials supplied to the Affiliate by Night Mobile or referring to Night Mobile, including without limitation any banner ads, from the Affiliate Web Site.

6.0 Term And Termination Of Agreement: The Affiliate acknowledges and agrees that the term of this Agreement is at will, and this Agreement and/or the Night Mobile Program may be terminated by Night Mobile, in its sole and exclusive discretion, at any time, without any advance notice and for whatever reason.

7.0 Force Majeure Neither party shall be liable for any loss or delay, nor be considered in breach of this Agreement, due to an act of God, fire, natural disaster, terrorist act, strike or other labor stoppage, declaration of war or military intervention, computer system/server failure, network failure, governmental action, or any other cause outside the control of the parties and which cannot be avoided by the exercise of due care.

8.0 INDEMNIFICATION. The Affiliate shall indemnify and hold Night Mobile, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors and any successor-in-interest or assign (the "Indemnified Parties") harmless from any breach of this Agreement by the Affiliate, including any use of Program materials other than as expressly authorized in this Agreement. The Affiliate agrees that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and the Affiliate agrees to indemnify for any resulting loss, damage, judgment, award, cost, expense, and attorneys' fees of the Indemnified Parties. The Affiliate shall also indemnify and hold the Indemnified Parties harmless from and against any and all claims brought by third parties arising out of the Affiliate's use of the information accessed from a Night Mobile site.

9.0 GOVERNING LAW:

9.1 This Agreement shall be governed by, and construed only in accordance with, the laws of Gibraltar, without giving effect to principles of conflicts of laws.

9.2 This Agreement shall be executed in the English language and shall be controlled in all respects by the English language, regardless if this Agreement is translated into another language.

9.3 The failure of any party hereto to insist upon strict performance of any covenant or agreement contained herein, or to exercise any option or right, shall not be construed to be a waiver or relinquishment of any such option or right or, of any other covenants or agreements, but the same shall be and remain in full force and effect.

10.0 SEVERABILITY: If any provision of this Agreement is held to be invalid or unenforceable, in any respect, such invalidity or unenforceability shall not affect or impair the validity or enforceability of the remaining provisions of this Agreement, but, to the contrary, this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein.

11.0 Acceptance And Execution Of This Agreement: By clicking on the "SUBMIT FORM" button on the Night Mobile Signup Page, and by supplying Night Mobile with all the required information to sign the Affiliate up to the Night Mobile Program, the Affiliate is agreeing to all of the terms, conditions, promises, warranties, duties and obligations set forth in the above Agreement.