A. Requirements for Membership in Cashfiesta.com
To maintain a membership at Cashfiesta.com, you must meet the following
basic requirements:
One Account Per Member.
You may only maintain one membership account
at Cashfiesta.com. You may not have multiple FiestaBars™, displayed
on one screen simultaneously. If you establish duplicate accounts, we may
terminate all of your accounts, resulting in the loss of accumulated credits
for each terminated account.
Accurate Information.
You must provide Cashfiesta with valid contact
and residence information and promptly update that information if it changes.
If you impersonate or misrepresent your identity, Cashfiesta may terminate
your membership and you will forfeit any earned credits. Cashfiesta may
terminate any membership, containing any untruthful information.
Accounts Non-Transferable.
Your password and account are yours and
yours alone, and you may not transfer them to anyone else. You may not allow
anyone else to use your password or account. You may not use anyone else's
password or account or accrue earnings for anyone else's account. You are
responsible for keeping your password confidential, and Cashfiesta.com will
not be liable for any loss or damage caused by disclosure of your password
or account information. You may only create one account for yourself and
may not establish an account on behalf of anyone else.
Legal Compliance and Claims.
You agree to comply with all local,
state, province, country or regional laws that may be applicable to your
use of the Internet and your membership at Cashfiesta.com.
Both parties agree that any cause of action arising out of
or related to the Cashfiesta Service must be initiated within six (6) months
after the cause of action arose; otherwise, such cause of action is considered void.
Furthermore, to the maximum extent allowed by applicable law,
you agree not to bring, join or participate in any class action against
Cashfiesta and/or any of its parents, members, subsidiaries, affiliates,
service providers, licensors, officers, directors or employees.
You agree that Cashfiesta holds the right to take countermeasures in order
to stop such a lawsuit or to remove you as a participant in the suit,
and that you shall have the obligation to pay all costs incurred
by Cashfiesta exercising this right.
The above agreement is not a waiver of any of your rights and remedies
to pursue a claim individually and not as a class action.
Canceling Your Membership.
If you wish to do so you may cancel your
membership at any time by ceasing to use the FiestaBar™ and notifying
Cashfiesta.com at
.
If you decide to cancel your membership and later wish to re-enroll, you
may be assigned a new account number. You will not receive credit in your
new account for referrals made using your previous account.
Inactive accounts.
Provided you have been a Cashfiesta member for more than
12 months and in the last 12 months you have accumulated less than 600 points
from FiestaBar™ all your previous earnings will equal zero.
Termination of Accounts.
Cashfiesta.com may refuse to accept any
application for membership for any reason or for no reason.
We may terminate this agreement and your membership
without any notice or good cause, and
we may at any time terminate your membership by giving you prior notice.
Good cause may mean:
(a) violation of any provision of this agreement,
(b) aiding in or promoting circumvention of the Cashfiesta Service,
(c) acting against the business interests or reputation of Cashfiesta,
(d) otherwise acting in an unlawful manner in relationship to Cashfiesta,
the Cashfiesta website, the Cashfiesta Service, or any Internet service provider,
(e) breach of our antispam policy (Click here
to see a list of already canceled accounts due to spamming.), or
(f) any other reason in the sole discretion of Cashfiesta.
Cashfiesta reserves the right to terminate member accounts at
its sole discretion and may terminate the membership of anyone who fails
to meet the above requirements.
If your account is closed, your referrals will be lost, and you will forfeit
any unpaid monies on your account. Furthermore, all members up-line from
you will lose the benefit of your referrals.
B. Your Relationship with Cashfiesta.com
By filling out the registration form you are applying to receive a service.
No employee-employer relationship is created by your use of the Cashfiesta web site and its services.
Cashfiesta has no obligation to offer the Cashfiesta Service or other promotions to you.
C. Using the Cashfiesta Service
Compensation.
Subject to the terms of this agreement, you can earn money or other compensation for viewing
advertisements and offers on the FiestaBar™, for signing up for Special Offers, and for referring
other members. Credits will be earned in your account according to the following limitations:
No Tampering.
You promise neither to simulate, to fake, or to falsify
your presence or activities in order to earn money
or other compensation or rewards from the Cashfiesta.com,
nor to interfere with the visual display of advertising or with
the FiestaBar™ or with Cashfiesta's tracking of your activities,
nor to assist others in doing any of the above. Simulating,
faking, or falsifying your activities may include, among other things,
creation, distribution or use of service or other devices
that respond to prompts in your absence. You also agree not to tamper
in any way with the proper functioning or tracking
of the FiestaBar™. Cashfiesta.com will terminate your account
if you engage in any such simulating, faking, falsifying, or
tampering. By using the FiestaBar™ you are representing to
Cashfiesta.com that you have not engaged in any such activities designed to
thwart the purpose of this agreement, such as simulation, faking,
or falsifying your presence or otherwise tampering with the
FiestaBar™, or assisting others in doing so.
No Guarantee of Accuracy.
YOU AGREE AND UNDERSTAND THAT ALTHOUGH CASHFIESTA.COM WILL MAKE REASONABLE EFFORTS TO FAIRLY AND
CONSISTENTLY MONITOR YOUR ACTUAL ACTIVITES, CASHFIESTA.COM DOES NOT GUARANTEE THE PRECISION OF
THE PROCESS. YOU WILL ONLY BE CREDITED FOR ADVERTISEMENTS AND OFFERS, WHICH WE CAN VERIFY THAT
YOU HAVE SEEN OR EXPERIENCED. YOU WILL RECEIVE SPECIAL OFFER POINTS ONLY IF YOUR ID IS INCLUDED
IN THE MONTHLY REPORTS FROM OUR PARTNERS FOR THE SPECIAL OFFERS YOU'VE SIGNED UP FOR.
Payrate.
The bar points, as well as the points you earn from your referrals, are converted to cash according
to your monthly individual payrate. Your individual payrate is calculated on the basis of the number
of Special Offers you sign up for during a month. Your Special Offer points have a fixed rate of $1
for 1000 Special Offer points.
Service Updates.
Users must upgrade to the new versions of the FiestaBar™
as they become available in order to maintain
active status with Cashfiesta.com. Cashfiesta.com reserves the right to refuse
to credit accounts for members using past versions of the FiestaBar™.
D. The Referral Program
If you are accepted as a member of Cashfiesta.com
you may earn credits for some of the activities of members that you refer
to Cashfiesta.com, or "your referrals," and some activities
of members referred by your referrals. The Referral Program
is subject to the following terms:
One Referrer Only.
Each new member may only designate one referring member at the time
he/she becomes a member of Cashfiesta.com.
Referral Levels.
You will receive credits only for the usage of Cashfiesta's services of EIGHT (8) levels of referrals.
If your account is closed, your referrals will be lost,
and you will forfeit any unpaid monies on your account. Furthermore,
all members up-line from you will lose the benefit of your referrals.
Referral percentage rates are always posted on the Cashfiesta site.
Those are the rates that you will receive.
If Cashfiesta.com for any reason changes rates those will be posted on the site.
No Hourly Limits.
We do not limit the amount of time you can earn credits or the number of advertisements
and offers that you may view in any month.
Marketing Claims.
You agree that you will not make any misrepresentations to
any of your referrals or potential referrals
about compensation typically received by Cashfiesta members
or about compensation that potential members are likely to receive,
and to fully comply with all applicable laws related to multi-level marketing programs.
E. Anti-Spam Policy
By becoming a Cashfiesta.com member you acknowledge that you have read
and you agree with our Anti-Spam Policy.
F. Payment Issues
Monitoring Your Account Balance.
You may view your account balance and the number of referrals
that you have accumulated at the Member Area in
Cashfiesta.com. If you have a question about your account balance,
contact
.
Payments.
Subject to the terms of this agreement, Cashfiesta will make a payment
to you within a reasonable time after you have accumulated in your account
at least US$50, and you have requested payment using Request Payment page
at Cashfiesta.com. Cashfiesta assumes no responsibility for lost,
stolen or misdirected checks. If your payment information has changed,
please, remember to update your profile at:
//www.cashfiesta.com/php/edit.php
Account Termination. If your account is terminated you forfeit all monies
accrued to your account prior to termination.
G. Your Relationship with Advertisers
If you choose to deal with or enter into a transaction or relationship
with merchants or advertisers found on the Cashfiesta website
(including purchasing goods or services, responding to promotions
or discounts or entering contests, and any of the associated
terms and conditions), those dealings are solely between you
and the merchant or advertiser. By clicking through ads in the
FiestaBar™ or taking advantage of discounts and promotions
directed to Cashfiesta.com members by our advertisers, you are authorizing
the advertiser to share information with Cashfiesta about the promotion,
products or services that you obtained from them.
Cashfiesta.com will use this information to help improve the compensation,
promotions and discounts offered to Cashfiesta.com members.
H. Privacy Policy
By becoming a Cashfiesta.com member you acknowledge that you have read
and you agree with our
Privacy Policy.
I. Trademark Usage Policy and License
Cashfiesta grants active members of Cashfiesta.com a limited license
to use the Cashfiesta name, creatives, and trademarks.
If a member displays Cashfiesta trademarks on a website that contains content
that may tarnish the reputation of Cashfiesta.com or is otherwise objectionable
to Cashfiesta, we may cancel that member's personal Cashfiesta account.
Material that Cashfiesta considers objectionable and which may not be displayed
with the Cashfiesta marks includes, but is not limited to, content that:
- Violates the intellectual property rights or other personal or proprietary rights of any third party.
- Contains or promotes defamatory, obscene, fraudulent, profane or harassing communication.
- Replicates or "mirrors" all or parts of the Cashfiesta web site.
- Promotes violence, drugs, militant or extremist views.
- Promotes discrimination based on nationality, disabilities, race, sex, religion or age.
- Depicts or promotes sexual acts, nudity, partial nudity or gross depictions.
- Contains or promotes any unlawful activities or materials.
The FiestaBar™ software is licensed to Cashfiesta.com members free of charge
and provided on an "AS IS" basis, for personal use only, and subject to the terms of this Agreement.
Unauthorized reproduction or distribution of the FiestaBar™ software, or any part of it,
will be prosecuted to the maximum extent of the law, and may result in severe civil and criminal penalties.
J. Disclaimer of Warranties
MEMBER EXPRESSLY AGREES THAT USE OF THE MEMBER PROGRAM IS AT
YOUR SOLE RISK. THE MEMBER PROGRAM IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. CASHFIESTA EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. CASHFIESTA MAKES NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE MEMBER
PROGRAM OR ANY TRANSACTIONS ENTERED INTO THROUGH THE MEMBER
PROGRAM.
K. Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER CASHFIESTA
NOR ANY OF ITS PARENTS, MEMBERS, SUBSIDIARIES, AFFILIATES, SERVICE
PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING
FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED
TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
L. Updates to This Agreement
Because of the constantly evolving nature of our business,
Cashfiesta needs to have the ability to revise the term of this agreement
from time to time. We will notify you of each revision via our website or by email.
You may object to the updated Agreement
by terminating your membership. If you continue to use the FiestaBar™
and enjoy the benefits of membership at Cashfiesta.com after
notification, that will signify your acceptance of the new terms.
M. Contacting Us
If you have any questions about this Agreement, Cashfiesta.com
practices, or have other questions or comments, please contact
us at
.
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