This Agreement contains the complete terms and conditions which apply to your participation as a member of the FreshSXcash Program (hereinafter called the "Program") a division of FreshSX, a Dutch registered company (the "Company"). As used in this Agreement, "you" or "your" means the applicant/participating member. Participation in the Program is subject to approval by FreshSX and CCBill, and approval may be granted or denied at their discretion. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE PROGRAM. BY SUBMITTING AN APPLICATION FOR ENROLLMENT IN THE PROGRAM YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS PROGRAM AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS HEREOF. YOU CANNOT BY BECOMING A MEMBER OF THE PROGRAM INDICATES THAT YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.

1) Enrollment in this Program.
In order to enroll and participate in the Program, you must be over the age of eighteen (18) years, or over the age of majority if you reside and/or conduct business in states, provinces or countries where the age of majority is greater than eighteen (18) years. You may not participate in the Program in any way if you are not of the age of majority in the state, province or country where you reside and/or conduct business.
a) To begin the enrollment process, you must submit a completed application through our website: http://www.FreshSXcash.com
b) We will evaluate your application in good faith and will notify you of your acceptance or rejection. Approval may be granted or denied in FreshSX's sole discretion. We may reject your application if, for example, in our sole discretion, we determine that your site(s) are unsuitable for the Program for any reason.

2) Password Submission
You must provide, within 24 hours of our request, a working, non-revocable username-password combination for any password-protected areas of your Web site so that we may evaluate your content.

3) The Program and Commissions. The Program is a referral service whereby approved Webmasters ("Webmasters") refer Internet users ("Users") to the FreshSX websites, namely http://www.FreshSX.com and http://www.FreshSXcash.com (the "FreshSX sites") via hyperlink to a unique URL provided by FreshSX, in exchange for a percentage of the revenue generated by sales of FreshSX memberships to those referred Users.
a) As a participating member in the Program you will be paid Per Recurring Billing: payout based on recurring subscription billing.
b) No commission will be paid for sign-ups by you, your family or anyone within your organization.
c) Commission rates are subject to change from time to time, upon e-mail notice to you and/or notice posted on our site. Note that a commission will only be paid if the visitor to a Program approved site can be tracked by the system from the time of the click on your link to the time of the sale. No commission will be paid if the visitor's payment to the Program cannot be tracked directly to your site by our system or if full payment for services is not made to us by the customer.

4) Commission Payment.
Webmasters earn fifty percent (50%) of the initial Net Revenue generated by sales of www.FreshSX.com subscription memberships to Users whom they refer in accordance with the requirements set forth herein (the "Commissions"). "Net Revenue" means the gross amount actually collected from Users for Web Site memberships, less any and all bank fees, processing fees, credits, chargebacks, and reserves. Commission amounts are calculated on the net sales amount after CCBill's processing fee has been deducted. Payments for Commissions are made weekly by CCBill and only if Commissions exceed $50.00; any Commissions earned below this threshold will be carried forward to the following pay period. All payments will be made in US Dollars. If a Webmaster is indebted to or otherwise obligated to pay money to FreshSX under any other agreement, FreshSX reserves the right to apply any Commissions otherwise payable to satisfaction of such other debt or obligation. Additional incentives may be offered to high-traffic webmasters.

5) Responsibility for Your Site.
While we will review your site(s) for suitability in the Program, you will be solely responsible for the development, operation and maintenance of your site(s) and for all materials that appear on your site(s). We shall have no responsibility for the development, operation and maintenance of your site(s) and for any materials that appear on your site(s). You shall also be responsible for ensuring that materials posted on your site(s) do not violate or infringe upon any laws including, but not limited to the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights). You must have express permission to use another party's copyrighted or otherwise proprietary material. We will not be responsible if you use another party's copyrighted or otherwise proprietary material in violation of the law.
a) We maintain a zero tolerance policy towards any sites using models under the age of eighteen (18). If we determine that you have violated the Company's zero tolerance policy against using models under the age of eighteen (18), your membership in the Program will be terminated and your site(s) will be removed from the Program without warning. You further agree that you will forfeit all monies otherwise due you.
b) In addition to the foregoing, we may immediately terminate your participation in the Program without warning and you will forfeit all monies otherwise due to you if we find you have engaged in any of the following:
i. Publishing any libelous, illegal or otherwise unacceptable material on your site(s). Illegal and unacceptable content includes but is not limited to content consisting of or relating to warez; stolen passwords; MP3s; depictions of actual, implied or simulated bestiality, rape or incest; or promotion of hatred or violence.
ii. Any form of spamming including, but not limited to unsolicited e-mail, IRC postings, newsgroups, and/or instant messaging clients;
iii. Utilizing excessive pop-up windows, timed consoles, or full-screen windows without toolbars or any other unfair or deceptive business practices which violates applicable laws or regulations;
iv. Publishing, transferring, reassigning, disclosing, distributing, or permitting any other person to use your Program account;
v. Providing inaccurate or incomplete information to the Program concerning your identity, bank account, address or other required information;
vi. Attempts to cheat, defraud or mislead us or the public in any way;
vii. Misrepresenting to the public, or anyone concerned, the terms and conditions of the Program approved websites or your site(s);
viii. Promotion of Program websites on password sites, MP3 sites or warez sites;
ix. Owning or operating a website in connection with a person who is under eighteen (18) years of age; and/or under the age of majority in states, provinces or countries where the age of majority is greater than eighteen (18) years; x. Inclusion of illegal or unauthorized content on your site(s); and
xi. Operating from a country where such a site violates the law or from which the Program will not accept accounts including, but not limited to: Afghanistan, Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croatia, Cuba, Georgia, India, Indonesia, Iran, Iraq, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Kuwait, Kyrgyzstan, Lebanon, Malaysia, Moldova, North Korea, Oman, Pakistan, Qatar, Philippines, Romania, Russia, Saudi Arabia, Singapore, South Korea, Sudan, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, Yemen, and Yugoslavia, Barbados, Anguilla, Antigua and Barbuda (sometimes just called Antigua) , Montserrat ,St Kitts and Nevis (sometimes just called St. Kitts), Dominica, St Vincent and The Grenadines, St. Lucia, Grenada, Trinidad and Tobago, Turks and Caicos Islands, Jamaica, Guyana, Belize, Haiti, Bahamas

6) Acceptable Methods of Referring Users.
a) During the Term of this Agreement, FreshSX grants to all Webmasters a non-exclusive, non-transferable license to use the FreshSX name and the promotional materials described in Section 6b of this Agreement, solely in connection with the Webmaster's participation in the Program and subject to the restrictions and limitations set forth in this Agreement (the "Licensed Material"). This license cannot be sub-licensed, assigned or otherwise transferred. Upon termination of this Agreement or at any time upon the request of FreshSX, the license granted herein shall automatically and immediately terminate and the Webmaster shall immediately remove all promotional materials for and hyperlinks to the FreshSX sites from his/her Web site.
b) Webmasters may refer Users using approved banner ads and text links only. If your application for participation in the Program is approved, you will be provided with a URL at which approved banners, text links, and other promotional materials are available. Allowable promotional links may contain the Program's or affiliated website's trade names, service marks, and/or logos for display on your website(s). Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such links and other designated promotional materials for placement on your website(s) for the sole and exclusive purpose of promoting Program approved websites. In utilizing the links, you agree that you will cooperate fully with us in order to establish and maintain. A link may only be visually modified with our consent.
c) Promotional materials referred to as free or hosted content may not be used as part of any membership site or area protected in any way by password(s) or any form of Adult Verification Services.

7) Prohibited Forms of Promotion.
You will not be paid Commissions in connection with memberships purchased by Users who are referred using prohibited methods.
a) Prohibited methods include, but are not necessarily limited to, pop-up consoles, redirects, blind links, hypertext links contained in Spam, or linked images other than approved banner ads. Referrals generated as a requirement to enter a Webmaster's site or third-party Web site, or to obtain access to goods or other services on a Webmaster's site or third-party Web site, are also prohibited.
b) FreshSX has a zero-tolerance policy for unsolicited commercial e-mail as well as for unsolicited commercial communications transmitted via instant messenger service, chat room, newsgroup, or message board (collectively "Spam"). Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited e-mail program can result in significant civil and criminal penalties, and WILL result in immediate termination of your account and forfeiture of unpaid monies otherwise due you hereunder.

8) Term of the Agreement.
The term of this Agreement will begin upon our written acceptance by e-mail of your application and will end immediately when terminated by either party in writing (by e-mail). Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address in our records, is considered sufficient notice for us to terminate this Agreement. You may terminate your account at anytime by advising us by e-mail at: support@FreshSXcash.com

9) Modification.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address in our records, or notice posted on our site, is considered sufficient notice to you of a change to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program, following our posting of modifications or a new agreement on our site, will constitute your binding acceptance of the change in terms and conditions.

10) Relationship of Parties.
a) You and Program are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site(s) or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the Program and the Program expressly disclaims responsibility for any conduct by you in violation of the terms of this Agreement. b) Participation in the Program does not constitute express or implied authorization to use, publish, or display any FreshSX content other than that provided by FreshSX pursuant to Section 6 of this Agreement.

11) Limitation of Liability.
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement.

12) Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and validly accepted by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms. You further represent and warrant that the execution, delivery and performance by you of this Agreement are within your legal capacity and power, have been duly authorized by all requisite action on your part, require the approval or consent of no other persons, and neither violate nor constitute a default under
(i) the provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or
(ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
a) Should any law enforcement agency, internet service provider or other person or entity provide the Program with notice that you have engaged in transmission of unsolicited e-mails or have engaged in otherwise unlawful conduct such as child pornography or conduct in violation of internet service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information.

13) Confidentiality.
Program, in its sole discretion, may disclose to you certain information as a result of your participation in the Program which we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to:
a) any modifications to the terms and provisions of this Agreement made specifically for you or your site(s) and not generally available to other members of the Program,
b) website, business, and financial information relating to the Program, and
c) customer and vendor lists relating to the Program and any members of the Program other than you.

14) Indemnification
You hereby agree personally and on behalf of any corporation to indemnify, defend and hold harmless the Company, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' and arbitrators' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "losses"), insofar as the losses (or actions in respect thereof) arise out of or are based on
a) any claim or threatened claim that our use of your trademark(s) infringes on the rights of any third party;
b) the breach of any promise, covenant, representation or warranty made by you herein;
c) or any claim related to your site(s).

15) Disclaimers.
a) WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM, ANY COMPANY SERVICES, OR ITEMS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE(S) WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
b) IN ADDITION, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION DELIVERED HEREUNDER, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENTS, WHETHER ARISING BY LAW, CUSTOM OR CONDUCT, OR AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION AND WE SHALL NOT HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON RESULTING FROM YOUR USE OR SUCH THIRD PERSON'S USE OF THE INFORMATION.
c) IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE PROGRAM, THE FRESHSX SITES, THIS AGREEMENT, OR CCBILL, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM.

16) Miscellaneous. a) Terminated accounts, except as expressly provided in Section 19 herein, cannot later apply to the Program without our express written consent. b) This Agreement is governed by the laws of the Netherlands and where applicable European Law, without giving effect to provisions related to choice of laws or conflict of laws. Any legal action or suit or arbitration proceeding arising out of or based upon this Agreement shall be conducted in The Netherlands, and you hereby agree to submit to the personal jurisdiction of The Courts of The Netherlands and to waive any objection based on improper venue or inconvenient forum in any proceeding in such tribunals. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. c) Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination. d) You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement shall be binding on, inure to the benefit of, and shall be enforceable against the parties and their respective successors and assigns. e) Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. f) In respect of issues of privacy of users and the use of user information, the parties agree to comply with the relevant laws of the jurisdictions governing the individual users, and the respective parties hereto. g) The parties hereby waive any constitutional, statutory or common law right to trial by Jury.

17) Attorney's Fees In any action or proceeding brought to enforce any provision of this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs.

18) Single Application. We only allow two applications per 24-hour period. If your application was rejected because you submitted erroneous information, please resubmit an application with correct information the following day.

19) Insufficient Activity. If, as a participating member, you fail to send sufficient traffic (i.e., unique visitors) to the Program for any consecutive sixty (60) day period, we reserve the right to terminate your membership in the Program. If your membership is terminated for this reason, you may apply for a new account.

20) Supervening Events. Neither party shall be liable for delay or failure in performance resulting from acts beyond the control of that party or those for whom it is responsible in law, including but not limited to acts of God, acts of war, riot, fire, flood, or other disaster, acts of government, strike, lock-out, communication line or power failures, failure, inoperability or destruction of the Site or its components unless by reason of the negligence of a party to this Agreement, its employees, agents, contractors, subcontractors, or others for whom it is responsible in law.

21) Survival. Notwithstanding the date of termination of this Agreement, unfulfilled obligations of a party shall continue until fulfilled, or until waived by the other party. All confidentiality obligations shall survive the termination of this Agreement.

22) Entire Agreement. This Agreement constitutes the complete and entire expression of the Agreement between the parties with respect to the subject matter hereof, and shall supersede any and all other Agreements, whether written or oral, between the parties and all waivers hereunder must be in writing and may be amended only by a written Agreement executed by an authorized representative of each party.

23) Communication Any questions regarding this agreement should be directed by email to support@FreshSXcash.com