Whistlestop-Cafe Terms Of Service
By signing up and actively using the
Whistlestop-Cafe program you agree to all terms and conditions set forth in this agreement.
Whistlestop-Cafe may, at any time, choose to edit, add and/or delete portions of this agreement
and impose changes without prior notification of its affiliates. Affiliates will
be informed of any and all changes to this policy via an e-mail to their primary
contact e-mail address provided upon signing up with
Whistlestop-Cafe. If any modification is unacceptable to you, your only recourse is to terminate
this agreement. Your continued participation in the
Whistlestop-Cafe program following our posting of a change in policy notice or new agreement on
our site will constitute binding acceptance to the change.
Responsibility of Affiliates:
You must be 13 years of age or older to participate in this program. Our program
is open to both US and International affiliates and is void where prohibited by
local governing laws. But we do not accept members from the following Countries:
China, India, Singapore, Taiwan, Thailand and Hong Kong
You agree to and must use your own name and e-mail address in the sign-up process
and may not assume a false identity. You may not sign-up multiple times with different
e-mail addresses. Your computer must not be shared with another individual that
has an existing
You will use your e-mail address / password combination to access your account,
it is your responsibility to keep this information confidential, you may change
this information by logging into your account and following the "User Account
You are solely responsible for any and all use of your
Whistlestop-Cafe account including authorization by you to any third party individual who may use
Should any instances of fraud, system abuse, or any type of activity deemed to
be inappropriate or illegal by
Whistlestop-Cafe be detected it may result in member termination and possible legal action. Any
solicitation of advertisers for a confirmation e-mail for purposes of receiving
credit in your account will be grounds for immediate termination.
You must maintain your e-mail account that you used when signing up with
Whistlestop-Cafe. You agree to receive e-mail advertising from Whistlestop-Cafe limited to no more than 50 per day.
In the event your e-mail account on file becomes closed or blocked to messages
Whistlestop-Cafe, your account will be terminated. This especially applies to e-mail accounts
returned for being Full. Any member sending us gibberish will result in automatic
termination of account and Forfeiture of All earnings to date of termination.
Auto-responses will also be deleted immediately.
Relationship of the Parties:
You must keep your account active by reading at least one paid email advertisement and visiting the advertised website
using its paid link every 30 days. Accessing your account without doing so or only clicking paid banners to visit advertisers
websites is not considered being active.
In the event you have been inactive for 30 days or more, your account will be suspended. Once your account is suspended,
you have 15 days to request reactivation of your account. Once a total of 45 days of inactivity have passed your account will
be terminated. Once an account is terminated it will not be restored.
You may set your account on vacation for a maximum of 30 days. Any account that has been set on vacation for 30 days will
be deleted if it is not activated within a week after those 30 days have passed. Activating your account after a vacation and
then setting your account on vacation again is not considered being active and will upon detection lead to termination of your
account, forfeiting all earnings to date of termination.
You and Whistlestop-Cafeare independent contractors, and nothing in this Agreement creates any partnership,
joint venture, agency, franchise, sales representative or employment relationship
between you and
Whistlestop-Cafe. You understand that you do not have authority to make or accept any offers or
make any representations on behalf of
Whistlestop-Cafe. You may not make any statement, whether on your site or otherwise, that would
contradict anything in this section. You are solely responsible for the reporting
and payment of any taxes for money earned while using the program.
Limitation of Liability:
Whistlestop-Cafe will not be liable for lost profits, lost business opportunities, or any other
indirect, special, punitive, incidental or consequential damages arising out of
or related to this Agreement or
Whistlestop-Cafe program, even if
Whistlestop-Cafe has been advised of the possibility of such damages. Furthermore,
Whistlestop-Cafeaggregate liability arising under this Agreement will not exceed the amount of
the total fees paid or payable to you under this Agreement. The provisions of
this Section survive termination or expiration of the Agreement.
Affiliates may earn by receiving paid-emails and visiting the advertiser websites
after they have entered their member ID in the area on the website provided by
Whistlestop-Cafe. Affiliates may earn by referring new affiliates to the
Whistlestop-Cafe program. Affiliates will earn a percentage of advertising revenues collected by
Whistlestop-Cafe will pay affiliates when their balance reaches the minimum payout rate set by
Whistlestop-Cafe. Once the member has reached payout they may request payment. Payments will be made within 30 days or a reasonable time after.
You may not promote your referral links through unsolicited emailing (i.e. SPAMMING),
newsgroup postings, or any other method of mass communication. Failure to comply
will result in immediate termination of your affiliateship with
Whistlestop-Cafe and may result in legal prosecution.
Whistlestop-Cafe strictly enforces anti-Spamming laws. Spamming is a federal crime. Any member
caught Spamming will not only have their account terminated immediately and lose
any past, present and future earnings, but shall also be held liable for Spamming
as we shall cooperate with any authorities and investigations that may arise from
the Spamming incident.
Whistlestop-Cafe may charge up to $5 per spam e-mail sent. Multiple sign-ups shall be grounds for
immediate termination of all involved accounts. Signing up multiple times from
the same computer also constitutes fraud.
Whistlestop-Cafe will file charges for recovery of any earnings received from multiple sign-ups.