SMCRevenue.Com Terms and Conditions
This Webmaster Terms and Conditions Agreement and the Webmaster Acknowledgment (the "Agreement") is entered into by and between you (the "Webmaster") and SWMRevenue.Com.1. BASIC AGREEMENT
Upon acceptance by Webmaster of the terms and conditions and the Webmaster Acknowledgment contained herein and continued compliance herewith, Webmaster shall be allowed to participate in the SMCRevenue.Com Webmaster Program (the "Program") wherein SMCRevenue.Com shall enable Webmaster to use certain intellectual property of SMCRevenue.Com on Webmaster's Web sites for marketing and promotional purposes and that converts into revenue to SMCRevenue.Com, SMCRevenue.Com shall pay Webmaster compensation, as set forth in section 3 below.
1.2 WEBMASTER IS PROHIBITED FROM USING ANY FORM OF MASS EMAILING, SOLICITED OR UNSOLICITED, TO PROMOTE SMCRevenue.Com, ANY OF ITS WEB SITES, OR OTHER WEB SITES OWNED, CONTROLLED, AND/OR OPERATED BY SMCRevenue.Com. Violations of this provision of the Agreement will result in immediate termination of this Agreement. If Webmaster violates this provision and utilizes unsolicited emailing to promote, market, any of its web sites, or other web sites owned, controlled, and/or operated by SMCRevenue.Com, all Program accounts operated by Webmaster will be immediately terminated and Webmaster will be reported to the proper authorities.
1.3 Prohibited Countries: Due to excessive fraud attempts, SMCRevenue.Com does not allow webmasters who reside in the following countries to participate in our program: Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croatia, Czech Republic, Estonia, Georgia, Hungary, India, Indonesia, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, North Korea, South Korea, Kyrgyzstan, Latvia, Lithuania, Malaysia, Moldova, Pakistan, Philippines, Romania, Russia, Singapore, Slovakia, Slovenia, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, and Yugoslavia.
2. RIGHTS GRANTED WEBMASTER
SMCRevenue.Com grants Webmaster each of the following:
2.1 The nonexclusive right to refer, direct or send visitors or users of Webmaster's Web site(s) to web sites owned, controlled and/or operated by SMCRevenue.Com ("SMCRevenue.Com Web sites"); and
2.2 A limited nonexclusive, nontransferable, and revocable license to access and download promotional banners, and other promotional materials created and owned by SMCRevenue.Com for use on Webmaster Web sites for the exclusive purpose of advertising, marketing or promoting SMCRevenue.Com, its web sites, or any other SMCRevenue.Com Web sites. Webmaster may post as many of these banners and other materials on its site(s) as desired.
2.3 SMCRevenue.Com owns and retains all right, title and interest in and to its intellectual property, copyright, trademarks, patents, and in the files, promotional banners and other material provided by SMCRevenue.Com, including all images therein. Upon termination of Webmaster's participation in the Program and/or termination of this Agreement, the grant of right and license set forth in subsection 2.2 above, shall cease and terminate, and Webmaster shall immediately remove all SMCRevenue.Com files, banners, ads, and any and all other SMCRevenue.Com intellectual property, copyrighted material, trademarks, and patents, if any, from Webmaster's Web sites.
2.4 Webmaster is not authorized and shall not change SMCRevenue.Com' names, file names, trademarks, design logos, banners, ads or other material for any purpose other than as expressly set forth herein or in any modification to this Agreement by SMCRevenue.Com.
2.5 Webmaster further acknowledges and agrees that any such change or changes will be a material breach of this Agreement and shall constitute an infringement of SMCRevenue.Com' copyrighted and/or trademarked intellectual property.
2.6 Webmaster agrees and covenants to notify SMCRevenue.Com of all Uniform Resource Locator (URL) a.k.a. "Web site" locations where it has published SMCRevenue.Com' names, file names, trademarks, design logos, banners, ads or other material pursuant to this Agreement, specifically identifying the names, file names, trademarks, design logos, banners, ads or other material posted at each URL. Webmaster further acknowledges and agrees that failure to notify SMCRevenue.Com of these locations constitutes a material breach of this Agreement and each such posting of which Webmaster fails to notify SMCRevenue.Com shall constitute an infringement of SMCRevenue.Com' copyrighted and/or trademarked intellectual property.
2.7 Webmaster may promote on approved tube sites. Videos and pictures may not be altered. This includes removing our watermark or adding any URL domain names. For the list, visit the the tube site page.
2.8 You are not allowed to purchase or attempt to purchase any of our Site Names as a Google AdWords or any similar ppc / ppv advertising.
3. PAYMENT OF COMPENSATION
SMCRevenue.Com will pay Webmaster for Web traffic to SMCRevenue.Com Target Page(s) from a banner or link posted on web page(s) of Webmaster's site(s) as follows.
3.1 Revenue Share Payments: As an alternative to the per sign-up compensation option, SMCRevenue.Com offers a Revenue Sharing option to Webmasters. Under the Revenue Sharing option of the Program, Webmasters receive 50% of the gross receipts from referred accounts.
3.3 All payments are made by check in U.S. dollars. Payments are mailed on the 20th of each month. Payment will only be sent if the amount due to Webmaster is at least US $50 depending on which pay method was chosen. Payment will be carried over from month to month until the amount due to Webmaster is at least US $50 depending on pay method that was chosen. A "Pay Period" is defined as a full calendar month period. If Webmaster is a foreign, non-United States resident participant, Webmaster may request that SMCRevenue.Com withhold payment until the amount due is US$250 or greater, so as to incur lower banking fees.
3.4 Webmaster agrees, by accepting and negotiating payment received from SMCRevenue.Com, that the payment received is payment in full for any and all advertising space and traffic for the Pay Period to which the payment applies.
3.5 A "referral" from a Webmaster Web site entitling Webmaster to a "commission" is defined as follows:
(i) A person who has been directed to an authorized website owned, controlled or operated by SMCRevenue.Com ("SMCRevenue.Com Web site") through the use of a hypertext transfer link residing on Webmaster's Web site in the form of a banner ad or other promotional link which automatically connects any person who clicks on the banner ad or other promotional link to a SMCRevenue.Com Web site, and which banner ad or other promotional link has been supplied to Webmaster as part of the Program; and
(ii) That person who, after having been directed to a SMCRevenue.Com Website through the use of the hyperlink banner ad or other promotional link supplied to Webmaster residing on Webmaster's Website, has been converted into a subscriber or member of a SMCRevenue.Com Website.
3.6 "Webmaster Referral" Program: SMCRevenue.Com will also compensate Webmaster for sales generated by other webmasters referred to SMCRevenue.Com by the Webmaster. When a new webmaster signs up for the Program through the approved Webmaster Referral link provided to the Webmaster by SMCRevenue.Com, the Webmaster will receive a commission on each sale generated by that referred webmaster.
(i) Webmasters are prohibited from "referring" their own accounts/sales, as such "self-referrals" will result in termination of all Program accounts operated by the Webmaster.
4. RESTRICTIONS ON PAYMENT OF COMPENSATION
4.1 Webmaster is not entitled to a commission for any SMCRevenue.Com subscriber sent or referred to a SMCRevenue.Com Website in violation of the terms of this Agreement, or for any SMCRevenue.Com subscriber who does not fall within the terms of paragraphs 3.6 (i) & (ii).
4.2 Webmaster will not be entitled to a commission from SMCRevenue.Com for any subscription that SMCRevenue.Com determines is the result of potential fraudulent activity. SMCRevenue.Com shall have the right, in its sole and absolute discretion, to expand or modify what it determines to constitute potential fraudulent activity. Without limiting the foregoing, potential fraudulent activity includes without limitation, the following circumstances or activities:
(i) The subscriber used or attempts to use a credit card number that is in a "negative database;"
(ii) There are multiple subscriptions from a single Internet Protocol (IP) address within a one (1) month period of time;
(iii) There are sequential or multiple subscriptions under different names, or variations of the same name using the same credit card number, or sequential names or patterns of names using different credit card numbers;
(iv) There is a pattern of "bursting subscriptions" characterized by numerous subscriptions from a Website in a relatively short time span (the "bursting period"), where there has been history of few subscriptions from that Website before or after the bursting period.
(v) There are sequential or multiple attempts to register or subscribe from a credit card using the same "bin number" and sequential or multiple number strings are used to complete the credit card number.
(vi) There are subscriptions from an IP address that matches the IP address Webmaster used in establishing an account in the Program, or an IP address that is otherwise known to be used by Webmaster.
4.3 SMCRevenue.Com has the right to deny or withhold payment from Webmaster, and to terminate Webmaster from the Program, if there is an abnormal number of charge backs or cancellations of memberships or subscriptions which have been referred to SMCRevenue.Com through Webmaster's Websites. SMCRevenue.Com shall determine, in its sole and absolute judgment, what constitutes an abnormal number of charge backs or cancellations of memberships or subscriptions.
5. TERM AND TERMINATION
5.1 This Agreement is not for any specific term or duration of time. Webmaster may terminate this Agreement at any time, for any reason or no reason, and; this Agreement and/or the Program may be terminated by SMCRevenue.Com, in its sole and absolute discretion, at any time, for any reason or no reason.
5.2 Webmaster shall terminate participation in the program by notifying SMCRevenue.Com by E-mail at http://nats.smcrevenue.com/external.php?page=contactus of Webmaster's intent to terminate participation in the Program.
5.3 In the event this Agreement is terminated, Webmaster shall be entitled to any unpaid commissions or referral fees earned prior to the date and hour of termination. Webmaster shall not be entitled to receive any commissions or referral fees for any "referrals" delivered or received after the date and time of termination.
5.4 If this Agreement is terminated due to Webmaster's breach of any portion of this Agreement, SMCRevenue.Com reserves the right to withhold any amounts then due and owing.
6. WEBMASTERS'S RESPONSIBILITIES AND DUTIES
6.1 Webmaster shall only use and promote on Webmaster Websites SMCRevenue.Com approved advertising banners, links, and other promotional materials.
6.2 Webmaster shall not use or employ any form of mass solicited or unsolicited electronic mailings, newsgroup postings, Instant Messenger chat, IRC postings, adware, spyware, malware marketing or any other form of "spamming" as a means of promoting Webmaster Websites or for the purpose of directing or referring users to any Websites owned, operated or controlled by SMCRevenue.Com.
Webmaster further acknowledges and agrees that SMCRevenue.Com has the right to immediately, and without notice, terminate your participation in the Program if SMCRevenue.Com, in its sole and absolute discretion, concludes that Webmaster has engaged in the use of any form of mass solicited or unsolicited electronic mail solicitations, newsgroup postings, password selling or trading, warez, IRC posting, adware, spyware, malware marketing or any other form of "spamming". NOTE: SMCRevenue.Com HAS ZERO TOLERANCE FOR SPAMMING. IF WEBMASTER SPAMS, PARTICIPATION IN THE PROGRAM WILL BE TERMINATED, WEBMASTER WILL BE BARRED FROM FUTURE PARTICIPATION IN THE PROGRAM AND ALL FUNDS OTHERWISE DUE TO WEBMASTER WILL BE FORFEITED TO SMCRevenue.Com.
6.3 SMCRevenue.Com, its subsidiaries, and affiliated entities operate within the laws governing the adult entertainment business. However, it is the webmaster's responsibility to become familiar with and make every effort to continually educate him or herself of the laws that regulate and govern the adult entertainment industry.
State Online Registers have been created and are enforced to protect children from receiving communications which advertise a product or service that a minor is prohibited by law from purchasing, viewing, possession, participating in, or otherwise receiving, or which contains or advertises material that is harmful to minors. SMCRevenue.Com is aware of two states, Utah and Michigan, which currently have online registers to protect children.
This list may be amended as enactment of similar laws occurs federally or in other states. Notice to webmaster of said amendments is considered provided by the posting of such amendments hereto. It is the responsibility of webmaster to frequently refer to these terms and conditions for any amendments or modifications thereof. Further, SMCRevenue.Com does not represent or guarantee the above list/links to be all-inclusive and recommends that webmaster independently research and investigate the possibility of other state or federal legislation mandating compliance with online registers or regulating the adult entertainment industry.
If you have questions regarding the law, please consult with an attorney.
6.4 Except as expressly authorized by SMCRevenue.Com in writing, Webmaster shall not copy, reproduce, alter, modify, change, broadcast, distribute, transmit or disseminate any banners or other promotional or advertising materials provided by SMCRevenue.Com pursuant to this Agreement in whole or in part, in any form or manner, at any time or anywhere in the World.
6.5 Webmaster shall ONLY use Promotional Pictures and Images provided by SMCRevenue.Com to promote sites that are included in the Program. For purposes of this Agreement, Promotional Pictures and Images means any of the images and/or videos provided in zip file format on SMCRevenue.Com.
6.6 Webmaster shall disseminate, transmit, broadcast or distribute the material provided through the Program only to consenting adults over the age of eighteen (18) years, twenty-one (21) years in those locations where that is the age of majority.
6.7 All content displayed on any Website containing SMCRevenue.Com banners or links, and all content displayed on any Website to which Webmaster provides third party links to, must comply with all local laws and community standards. Accordingly, Webmaster shall not include, or link to, any of the following within a Website that contains SMCRevenue.Com banners or links, or directly or indirectly link any of the following content or material to any SMCRevenue.Com Website through any hyperlinks maintained or created on Webmaster's Websites:
(i) Material deemed obscene by SMCRevenue.Com, including without limitation, materials depicting bestiality, violence, rape, torture, feces, or urine;
(ii) Any material not in full compliance with the provisions of 18 U.S.C. 2257, and as may be amended by Congress;
(iii) Any material that constitutes child pornography, any material in which persons under the age of eighteen are depicted in actual, simulated, or suggestive sexual situations, or material that 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. Prohibited material mentioned herein includes the use of the term 'lolita' for any purpose in any fashion including, but not limited to, within meta-based tags;
(iv) Any material deemed by SMCRevenue.Com to be threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;
(v) Any material which constitutes an infringement, misappropriation, or violation of any person's intellectual property rights including without limitation, copyrights, trademarks, rights of publicity, patent rights, personal property rights, privacy rights, or any other intellectual property right; or
(vi) 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.
(vii) Any material or word usage of the following terms located here is prohibited. Webmasters found using these terms will be removed from the program and any funds will be forfeited.
7. REPRESENTATIONS AND WARRANTIES
Webmaster hereby represents and warrants each of the following:
7.1 That if Webmaster is an individual person, he/she is over the age of eighteen (18) years;
7.2 That if Webmaster is an entity (i.e., corporation, limited liability company, etc.) that all individuals employed or associated with Webmaster in any way are over the age of eighteen (18) years;
7.3 Webmaster warrants and represents that it owns or operates a lawful, and otherwise valid Internet Web site;
7.4 That the individual who provides information pursuant to the Program and accepts this Agreement has full, lawful, power and authority to enter into and to carry out the terms of this Agreement.
8. UNITED STATES TAXATION
8.1All United States residents and corporations, and foreign participants who are residents of the United States, are required to provide a completed and signed United States Department of Treasury Internal Revenue Service Form W-9 setting forth information including a United States Federal Employer Identification Number, or Social Security Number.
9. RIGHTS OF SMCRevenue.Com
9.1 SMCRevenue.Com shall have the right, in its sole and absolute discretion, to terminate the Program and any and all Program Benefits relating to Webmaster's participation in the Program at any time and may do so with or without cause.
9.2 SMCRevenue.Com shall have the right, in its sole and absolute discretion, to change or modify the Program, including without limitation, the right to pay an Webmaster participating in the Program based on "click throughs" rather than a flat commission or fee for a referral, as defined in section 3. If at any time SMCRevenue.Com changes or modifies the Program, Webmaster shall have the right to withdraw and terminate participation in the Program.
10. NO PARTNERSHIP, JOINT OR COLLABORATIVE VENTURE
10.1 Nothing contained in this Agreement shall create or be deemed to create a partnership, joint venture, or other business combination or venture of any kind between Webmaster and SMCRevenue.Com, its subsidiaries, affiliated entities, successors or assigns; nor shall any term contained in this Agreement constitute or create any agency or employment relationship between Webmaster and SMCRevenue.Com, its subsidiaries, affiliated entities, successors or assigns.
10.2 SMCRevenue.Com has no control over nor ownership interest in Webmaster or Webmaster's Websites, and Webmaster has no financial or other interest in SMCRevenue.Com, its subsidiaries, affiliated entities or any property owned by such entities, except as expressly set forth herein.
11. NO CONTENT CONTROL, MONITORING OR SUPERVISION
11.1 SMCRevenue.Com does not monitor, supervise, or review content contained on Webmaster's Websites. SMCRevenue.Com is not responsible for any content appearing or otherwise distributed on, at, or in association with Webmaster's Websites that is provided by Webmaster or independent third parties.
11.2 SMCRevenue.Com has 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 Webmaster on, at or in association with Webmaster's Website except as specifically set forth in this Agreement.
12. NO WARRANTY OR GUARANTY
SMCRevenue.Com makes no guaranty of any kind with respect to the Program or materials provided by, through, or in association with the Program, and all materials are provided to Webmaster "as is," and use of the Program and associated materials is solely at Webmaster's risk.
SMCRevenue.Com disclaims all warranties, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose with regard to the Program and any and all materials of every kind supplied to Webmaster as part of this Program.
13. NO GUARANTY OF SUCCESS OR PROFITABILITY
SMCRevenue.Com cannot guaranty or promise Webmaster any level of success or profitability due to Webmaster's participation in the Program. Webmaster has unilaterally entered into an Internet service business and all risk of loss, cost, and expense of Webmaster doing business shall be borne solely by Webmaster.
14. 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.
15. LIMITATION OF LIABILITY
SMCRevenue.Com, its subsidiaries, affiliated entities, employees, independent contractors, agents, representatives, assigns, and successors shall not be liable to Webmaster, or any other person or entity, for any direct or indirect losses, injuries, or incidental, consequential, or other damages (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard to any link to any SMCRevenue.Com Website, or arising from or in connection with this Agreement or the use of the SMCRevenue.Com Program materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of SMCRevenue.Com's services, content, or Program materials, including without limitation any losses due to server problems or due to incorrect placement of HTML.
16. INDEMNIFICATION
Webmaster shall indemnify and hold SMCRevenue.Com, 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 Webmaster, including any use of Program materials other than as expressly authorized in this Agreement. Webmaster agrees that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and Webmaster agrees to indemnify for any resulting loss, damage, judgment, award, cost, expense, and attorneys' fees of the Indemnified Parties. Webmaster shall also indemnify and hold the Indemnified Parties harmless from and against any and all claims brought by third parties arising out of Webmaster's use of the information accessed from a SMCRevenue.Com Website.
17. TRANSFER OR ASSIGNMENT
17.1 This Agreement shall not, under any circumstances, be transferred or assigned by Webmaster to any other person or entity, and any attempted transfer or assignment of a membership shall be void.
17.2 SMCRevenue.Com may, at any time, in its sole discretion and without prior notice to Webmaster, transfer or assign this Agreement to an affiliated or non-affiliated person or entity.
18. MODIFICATION
This Agreement is subject to change or modification by SMCRevenue.Com at any time and changes shall become effective upon notice to Webmaster by e-mail, posting at or via hyperlink to a SMCRevenue.Com Website, or by mail. An Webmaster may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
19. NOTICES TO SMCRevenue.Com OR WEBMASTERS
Notices from a SMCRevenue.Com Website to Webmasters may be given by means of electronic messages (email), by general posting on the Website, or by conventional mail. Communications from Webmaster to SMCRevenue.Com may be made by electronic messages (email) or conventional mail, unless otherwise specified in this Agreement.
All notices to SMCRevenue.Com sent by electronic mail shall be to http://nats.smcrevenue.com/external.php?page=contactus.
Notices from SMCRevenue.Com shall be deemed delivered when sent by SMCRevenue.Com to Webmaster; notices of changes or modifications to this Agreement shall be accepted by Webmaster upon the first use by Webmaster of the Materials provided in the Program after such notice was sent; and, such acceptance of a change or modification shall be deemed to relate back to the date such change or modification was originally sent by SMCRevenue.Com.
20. ARBITRATION; GOVERNING LAW
20.1 This Agreement shall be governed by, and construed only in accordance with, the laws of Aruba, without giving effect to principles of conflicts of laws.
20.2 The parties agree that any dispute between them arising out of or related to this Agreement and the services hereunder shall be resolved by binding arbitration conducted under the Commercial Arbitration Rules of the International Chamber of Commerce in effect as of the date any such action is initiated. This is an exclusive remedy. Unless another venue is agreed to by both parties, any arbitration conducted pursuant to this paragraph shall take place in Aruba. The arbitration and proceedings related thereto shall be conducted in English. A single arbitrator will make a determination and render an award within thirty (30) days of the close of evidence in such arbitration proceeding. The parties waive right to jury trial and agree that the arbitration award will be final and binding and that judgment will be entered thereon in any court of competent jurisdiction. Notwithstanding the foregoing, any party may seek immediate judicial intervention to prevent any unauthorized use or disclosure of the confidential or proprietary information of the party (or those to whom it owes a duty of confidentiality) bringing any such action. In addition, any party may bring an action in a court of competent jurisdiction to enforce (i) the Arbitration, Venue, and Governing Law provsions hereof and (ii) any arbitration award rendered hereunder, and any such action shall not be deemed a waiver of this arbitration requirement or any other provision hereof.
20.3 The venue for any other legal proceedings arising from or connected with this Agreement shall be exclusively in Aruba, and no Party shall have the right to challenge venue based upon forum non conveniens or otherwise. In any legal proceeding (including arbitration) arising from, under or in connection with this Agreement, the prevailing Party shall recover the reasonable attorneys fees and costs incurred in preparation for and in connection with all arbitration, trial and appellate proceedings, along with such other award(s) rendered by the arbiter.
20.4 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.
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.
21. 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.
22. ENTIRE AGREEMENT, HEADINGS, AND NEUTRAL CONSTRUCTION
This Agreement and any changes or modifications thereto by SMCRevenue.Com and accepted by Webmaster expresses the entire agreement between the parties regarding Webmaster's participation in the Program, and all materials directly and indirectly related thereto, superseding and negating any prior or contemporaneous agreements, whether written or oral. There are no representations, agreements, arrangements, or undertakings relating to the matters addressed which are not fully expressed herein. The headings are for convenience only and shall not be construed to give any substantive meaning to the agreement between the parties. This Agreement shall be construed neutrally and as the commemoration of the mutual assent of both parties rather than for or against either party.
23. REVIEW BY ATTORNEY
SMCRevenue.Com strongly advises that Webmaster review this Agreement with an attorney before acceptance of its terms so Webmaster is fully apprised of all its rights, duties, and obligations under this Agreement. Webmaster acknowledges that nothing herein and no statement by SMCRevenue.Com or any employee, representative, agent or other person associated with SMCRevenue.Com has in any way prevented or inhibited Webmaster from seeking such independent legal advice prior to entering into this Agreement. You hereby acknowledge and agree that the terms of this Agreement are reasonable and fair; all terms have been fully disclosed in writing, and Webmaster has been given reasonable opportunity to seek the advice of independent counsel with respect to this Agreement and all transactions associated herewith.
24. ELECTRONIC SIGNATURES
You hereby acknowledge and agree that physical signatures are not required under this Agreement, and any form of electronic acceptance of the terms of this Agreement, including but not limited to your checking or clicking of an 'I agree' or 'Create Account' box, shall be permissible and acceptable forms of acceptance by you of the terms of this Agreement.
25. ACCEPTANCE AND EXECUTION
By CLICKING ON THE "CREATE ACCOUNT" BUTTON on the SMCRevenue.Com Sign-Up Page, and by supplying SMCRevenue.Com with all the information required to create an account on the Program, Webmaster has accepted all of the terms and conditions set forth herein above.
