Publisher Terms of Agreement & Can Spam Act of 2003

Beat9 ACTIVELY monitors traffic for Fraud. If we detect Fraud, your account will be made inactive pending further investigation.

  1. All websites, newsletters, companies, or individuals need official approval from Digicorp, Inc. http://www.DGCOinc.com and its subsidiary website http://www.Beat9.com ("Beat9" or "Beat9.com") before they can become an Affiliate Partner ("Affiliate"). Only Affiliates whose submitted audio and video content (“Content”) has been reviewed and approved are permitted to use the Program. Beat9 reserves the right to withhold or refuse approval on any Content, website, newsletter, company, or individual for any reason, whatsoever.
  2. In order to be eligible for Affiliate approval, all Content must meet the following criteria:
    1. Be content-based, i.e. not simply an empty or silent media file or container, nor can the Content be centered around making money off of our Advertisers
    2. Be produced in the language(s) approved by Beat9
    3. Receive a minimum of 1,000 unique page views per month
    4. Cannot offer incentives to users to click on ads unless otherwise specified in the campaign description ; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc.
  3. The Content cannot contain any adult content nor link from, or to, any adult materials including but not limited to:
    1. Explicit, vulgar or obscene language
    2. Posting or referencing of sexually explicit images or other offensive content
    3. Promotion of adult services, such as phone sex or escort services
  4. The Content cannot infringe on any personal, intellectual property or copyrights including but not limited to:
    1. Racial, ethnic, political, hate-mongering or otherwise objectionable content
    2. Investment, money-making opportunities or advice not permitted under law
    3. Gratuitous violence or profanity
    4. Material that defames, abuses, or threatens physical harm to others or to you
    5. Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
    6. Software Pirating (e.g., Warez, Hotline)
    7. Hacking or Phreaking.
    8. Any illegal activity whatsoever
    9. Any questionable or controversial subject matter
    10. Any spoofing, redirecting, or trafficking from adult-related websites in an effort to gain traffic
  5. Unless expressly approved in writing by Beat9 or specified in the campaign description, YOU ARE NOT PERMITTED to provide compensation, benefits, or incentives of any kind whatsoever, including, but not limited to, points, cash, contest entries, or rewards, to encourage a user to click on an advertisement or to complete a form.
  6. You cannot send Unsolicited Commercial Email (i.e., SPAM). You cannot post any specific messages to newsgroups, chat rooms, bulletin boards or any other places unless expressly approved in writing from Beat9. You can post messages which are generic in nature and do not mention any specific client or offer, which are expressly approved in writing from Beat9. You must be in compliance with our Policies and Guidelines posted at http://DGCOinc.com/antispam.html.
  7. If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation (as determined solely by Beat9, such as pre-population of forms or mechanisms not approved by Beat9), you will forfeit your entire commission for all programs and your account will be terminated. Beat9 reserves sole judgment in determining fraud, and you agree to this clause.
  8. It is the OBLIGATION of the Affiliate to prove to Beat9 that they are NOT committing fraud. Beat9 will hold your payment in 'Pending Status' until you have satisfactorily provided evidence that you are not defrauding the system. We flag accounts that:
    1. Have click-through rates that are much higher than industry averages and where solid justification is not evident
    2. Have ONLY click programs generating clicks with no indication by site traffic that it can sustain the clicks reported
    3. Have shown fraudulent leads as determined by our clients
    4. Use fake redirects, automated software, and/or fraud to generate clicks or leads from our programs
  9. Filling out this form constitutes an agreement between Beat9 and the Affiliate. The commission payment that is generated to the Affiliate varies per registered subscriber to the programs offered and/or per clicks. This commission payment is made approximately 15 days after the end of the month and after receiving payment from the Advertiser. Delinquent Advertiser payments received by Beat9 will be credited to the Affiliate in the month that they are received. Beat9 does not guarantee payment to the Affiliate if the Advertiser does not pay Beat9. Commission payment totals must exceed $50.00, otherwise this payment will not be made until the $50.00 minimum is reached. International Affiliates (outside of the United States ) agree to a minimum $50.00 to be reached.
  10. Affiliate agrees not to carry objectionable materials in their Content which would revoke their affiliation as determined by Beat9. Affiliate will only run approved banners and text in their advertising of our programs and will NOT create their own banners or advertising text, unless expressly approved in writing from Beat9. Violation of this forfeits your commissions. Affiliate WILL NOT spam or send unsolicited email mentioning or promoting the Affiliate programs. Any violation of this will result in the Affiliate being liable for damages of $1.00 per email sent and other damages as deemed by a court of law.
  11. Editing of an Advertiser's program images or copy is strictly prohibited. Affiliate will only use approved banners and text to link to an Advertiser's pages. Affiliates will not mislead people to make it seem that they are signing up for an offer that is offered by the Affiliate site. Affiliate can ONLY use banners and approved text, any other use of link will result in the loss of all commissions accrued for the Affiliate.
  12. Beat9 reserves the right to terminate any Affiliate's contract for any reason whatsoever. Termination notice will be provided via e-mail and will be effective immediately. All legitimate moneys due to Affiliate will be paid during the next billing cycle. If Affiliate defrauds the system, then payment is revoked as determined solely by Beat9.
  13. Affiliates guarantee that all content, products, and services in the Content are legal to distribute and that Affiliate owns or has the legal right to use any and all copyrighted material.
  14. Affiliate irrevocably covenants, promises and agrees to indemnify Beat9 and to hold Beat9 harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims resulting from member's web pages.
  15. If any Affiliate violates or refuses to take part in their responsibilities, or commits fraudulent activity against us, Beat9 reserves the right to withhold payment and take appropriate legal action to cover its damages.
  16. Beat9 reserves the right to change any conditions of this contract at any time. Change notices are sent to Affiliates by email or posted on the Beat9.com website.  Affiliates are responsible for complying with any changes to the contract within 10 calendar days from the date of change. Failure of the Affiliate to terminate the agreement within those 10 calendar days will constitute acceptance of the changes to this contract.
  17. Beat9 gives no warranty, express or implied, for any and all services and products provided, including, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service by Beat9 or its upstream providers.
  18. You agree to settle any dispute under this agreement under the laws of the State of California . Any litigation arising under this Agreement will be brought in the federal or state courts of Los Angeles County .
  19. Any legal action taken by an advertiser, agency, client, person, or entity against Beat9 for actions of you (the affiliate) that violate these terms and conditions, you accept that Beat9 will work with the advertiser, agency, client, person, or entity to divulge your personal information. You also agree that Beat9 is not liable for your actions, and you will bear all costs (legal or otherwise) that Beat9 incurs if Beat9 is sued by advertiser, client, agency, person, or entity.
  20. If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby.
  21. You must be 18 years or older to sign up as an Beat9 affiliate.
  22. Your traffic must come from relevant countries to the campaigns. We monitor IP source and will remove credit for non-country relevant traffic. This means English-related campaigns must be delivered to English-speaking countries. USA based campaigns must be delivered to USA based citizens, and so forth. (i.e Clicks coming from China for USA based campaigns may not result in credit).

 

Digicorp Inc. and its subsidiary, Beat9.com, require the Affiliate (hereafter referred to as " Affiliate") to follow all Mandates outlined in the Can Spam Act of 2003. The "Can Spam Act of 2003 " is a broad explanation of rules and requirements. Digicorp Inc. insists that the Affiliate operate under its most strict interpretation.


False Representation
Affiliate will not transfer any commercial email that has header information that was obtained by means of false representation. This includes an originating electronic mail address, domain name, or Internet Protocol address.

"From Line"
Affiliate will use a "from line " that names itself or any other party responsible for originating or transmitting a commercial electronic mail message as the advertiser.

Misleading Header Information
Affiliate will not use, nor work with, a third party that uses another to relay or transmit the message for the purpose of disguising its origin. Affiliate shall not transmit any commercial email with misleading header information. Affiliate will require accurate information identifying the computer used to initiate the message.

Misleading Subject Line
Affiliate will not transmit commercial email if it believes that a subject heading of the email is likely to mislead a recipient regarding the contents or subject matter of the message.

Opt-out Mechanism
Affiliate will provide the recipient of a commercial email message an obvious and distinct "opt-out" option. A recipient may choose this option to submit an Internet-based request not to receive future commercial emails from any party advertised or promoted by the message.


In the case that more than one party advertises in a single commercial email, Affiliate will require that the message have an obvious "opt-out" device for each party.


Affiliate must require all clients to share any and all requests from those who do not wish to receive messages from any advertisers.


Opt-out Services
Affiliate will provide services to any of its clients to support an Internet-based "opt-out" device if the client agrees to the following:

- Affiliate requires exclusive authority to distribute such party's commercial email messages. Affiliate will manage all Internet-based "opt-out " mechanisms for the advertiser. Advertiser will agree to have its offers exclusively hosted in Affiliate's system.

-Advertisers must provide an accurate physical address so that Affiliate may include it in each commercial email. Affiliate will also provide a physical address in each commercial email.

Detailed Declaration
Affiliate will provide an obvious and detailed declaration in each commercial email explaining that the message is an advertisement or solicitation. All commercial electronic mail messages that Affiliate transmits to recipients are done so only with the consent of each recipient.

Physical Address
Affiliate will always include a valid physical address for itself and the postal address of any client who is advertised or promoted in a commercial email.

Electronic Mail Address Collection
Affiliate will not initiate the sending of an electronic mail message to a recipient whose address was obtained via automated means. Affiliate will not give, sell, or transfer any address if statement was provided assuring a unique relationship with Affiliate. Affiliate does not generate automated electronic mail addresses by randomly combining names, letters, or numbers for the purpose of illicitly collecting recipients' electronic mail addresses.

Sexually Oriented Material
Affiliate is not currently nor has it ever been in the business of transmitting electronic mail containing sexually oriented material. Affiliate has never endorsed fraudulent practices. Furthermore Affiliate expressly forbids unauthorized transmission of any messages on behalf of its customers including but not limited to the following:

-Use any of falsified electronic mail transmission information.

-Automated means to register online user accounts.

-Transmission of any commercial electronic mail from or through a computer that has been accessed without authorization.

-Transmission of commercial email with intent to disguise the actual origin of the email or to falsify the identity of the actually registrant.