Terms and Conditions

The following in an offer to participate in the COLTcash Affiliate Program. By participating in the program you agree to the following Terms and Conditions in their entirety. These terms do not invalidate any other prior written Agreement that you may have with COLT Studio Group regarding this or any other revenue sharing program. Should there be a contradiction between these terms and those of the written Agreement; the written Agreement shall have precedence.

1. The COLTcash Affiliate Program

Subject to the terms and conditions set forth in this Agreement by COLT Studio Group, we grant you, the webmaster, the following:

  • a. The nonexclusive right to direct, refer, or send visitors or users of your website to any and all websites owned, operated or controlled by COLT Studio Group.
  • b. A limited nonexclusive, nontransferable, and revocable license to access and download promotional banners and other promotional materials created by COLT Studio Group for use on your website, for the exclusive purpose of advertising, marketing or promoting websites owned, controlled, and/ or operated by COLT Studio Group. This license shall automatically and immediately cease upon the termination of this Agreement.

2. Your Obligations

  • a. It is your sole responsibility to promote and publicize the Program’s site(s). You agree to use all advertising and promotion means at your disposal to generate the maximum possible number of visitors and sales/sign ups per month on the Program’s site(s) including, but not limited to, advertising the Program’s site(s) in your site’s banners, newsletters, mailings, emailings, print ads and other such promotional media. If these promotions involve contests, you must first receive approval from COLT Studio Group. COLT Studio Group reserves the right to reject contests that, in its sole discretion, do not meet COLT Studio Group standards or do no comply with governing laws or regulations.
  • b. That you, the webmaster, will not copy, reproduce, alter, modify, change, broadcast, distribute, transmit, or disseminate any banners or other promotional or advertising materials provided to you by COLT Studio Group pursuant to this agreement and the Program, in whole or in part, in any manner, at any time anywhere in the world except as authorized by COLT Studio Group in writing.
  • c. You also must comply with all local laws within your state and country. This includes “18 U.S.C. 2257 Record-Keeping Requirements Compliance" policies.

3. Links

  • a. You may send as much traffic as you want to the Program’s site(s) using as many sites and webpages as you wish and posting as many links as you desire. You may use COLT Studio Group’s banners and you may use text links as long as they are a proper description of the Program’s site(s). You may also use popups or consoles. In short, you may use whatever commercially acceptable methods at your disposal to send traffic from your website(s) to the Program’s site(s), provided you comply with all other terms and conditions herein and do not infringe any laws regarding content or copyright.

  • b. Keyword Buys - For purposes of this Agreement, a keyword buy is an advertisement that appears when certain words are purchased, which matches a given keyword search query (hereinafter "Keyword Buy"). Further, a search engine is defined as software that acts as a service by searching an index or database and which returns relevant matches based on information typed into a query (hereinafter "Search Engine").

    Within the limitations set forth herein, Affiliates are permitted to participate in Keyword Buys through Search Engines to promote the goods and/or services offered via the Affiliate's website. However, Affiliates are not permitted to purchase, and will not earn a commission from, Keyword Buys purchased from Search Engines utilizing Keywords that are identical or confusingly similar to a trademark owned by COLT Studio Group.

    COLT Studio Group owns the following registered trademarks: COLT Studio, COLT Studio Group, COLT Men, Buckshot, Buckshot Productions, COLT Gear, Olympus, Spurs, COLT Leather and COLT Minute Man and related trademark copyrights. Affiliates are prohibited from purchasing the above-referenced Keywords on any and all Search Engines, as such use constitutes a trademark infringement of COLT Studio Group’s trademarks. Affiliates are also prohibited from purchasing Keywords that are confusingly similar to, or a derivation of, COLT Studio Group’s trademarks.

4. Spamming is Prohibited

You agree to abide by all current State and U.S. Federal laws and regulations regarding spamming. The following practices are prohibited without exception:

  • a. The marketing of COLT Studio Group, its sites or Programs by the transmission of unsolicited bulk email. Bulk emailing must be pursuant to a prior business relationship with the e-mail recipients, including, but limited to, having obtained their email addresses through a verifiable opt-in procedure.
  • b. The marketing of COLT Studio Group, its sites or Programs by the transmission of email that uses or contains invalid forged headers, invalid or non-existent domain names or other means of deceptive addressing (counterfeit email).
  • c. The marketing of COLT Studio Group, its sites or Programs by the transmission of email that is relayed from any third party’s mail servers without the permission of that third party, or which employs similar techniques to hide or obscure the source of the email.
  • d. The harvesting or collection of screen names from any ISP service (for example, AOL) for the purpose of sending unsolicited email.
  • e. The use of “meta refresh” and “forced exit” to force visitors to the Program’s site(s).
  • f. Posting newsgroup links, IRC & chatroom messages, and any other practice that could damage COLT Studio Group’s reputation, or expose the Program’s site(s) to legal liability.
  • g. Failure to comply with these rules will result in the immediate termination of your account and forfeiture of any funds owed to you. Failure to comply may also result in civil and criminal penalties against the sender under applicable federal and/or state law.

5. Unacceptable Content

Links to your site or the Program’s site(s) from and to any site that contains or promotes illegal content in whichever form, such as child pornography, depictions of bestiality or rape, copyrighted material, pirated software (warez), passwords, or rights of any third party (including, but not limited to, trademarks, privacy, or other proprietary or personal rights), are strictly prohibited. COLT Studio Group reserves the right to demand the removal of any graphics, images or descriptive text related to the Program’s site(s) which, in COLT Studio Group’s sole discretion, may expose COLT Studio Group to legal liability or may damage COLT Studio Group’s reputation.

6. Affiliate Code

You will receive an Affiliate Code and instructions on how to format links to the Program’s site(s). You will only get credit for sales that can be automatically tracked through links/URLs as COLT Studio Group supplies them to you. You will not receive credit if customers order by phone, fax, and mail or enters any COLT Studio Group site by any other means than through your links/URLs.

7. Exclusions

You must restrict access to the Program’s site(s) and/or links to the Program’s site(s) from (a) jurisdictions where adult material is illegal, and (b) minors.

8. Legal Age

You must be at least 18 years of age, and must have reached the age of majority in your local jurisdiction to participate in the Program.

9. Referrals and Commissions

For each person who becomes a subscriber or makes a purchase through a website owned, controlled or operated by COLT Studio Group, and who has been tracked and verified as a “referral” from your website to a COLT Studio Group website, you will receive a “referral fee” according to the following terms and conditions:

  • a. Any person who has been directed to an authorized website owned, controlled, or operated by COLT Studio Group through the use of a hypertext transfer link residing on your, which is in the form of a banner ad or other promotional link that automatically connects any person who clicks on said banner ad or other promotional link to an COLT Studio Group website. Furthermore, said banner ads and/ or other promotional links used, must have been supplied to You as part of the COLTcash Affiliate Program.
  • b. Any person, who after having been directed to an authorized COLT Studio Group website through the use of the hyperlink banner ad or other promotional link supplied to you and residing on your website, has been converted into a subscriber of COLT Studio Group.
  • c. You are paid 50% of net revenue generated from a new subscriber and 15% of referred store sales. All payments are net of applicable credit card fees, charge backs and returns. If a service is returned due to fraud or charged-back by a customer after your commission payment is issued, the corresponding commission will be deducted from the next monthly payment. If there is no subsequent payment, you agree to reimburse the commission upon receipt of an invoice. COLT Studio Group is not responsible for loss of commission due to technical issues or any other issues that may arise.

10. Payment Schedule

Payments will be mailed to you monthly no later than 90 days following the previous month's activity. In most cases however, payments are made within 30 days following the previous month’s activity. All payments are made in US Dollars. NOTE: Payments are only made when the combined amount due is $100.00 USD or more. When less than $110.00 USD has accrued in a single month, the amount owed is carried forward until the combined amount due is $100 USD or more. Applicable charges will be made for wire transfer services.

11. Privacy

Individuals who use the Program’s site(s) and/or any services related to the Program that is provided by COLTcash will be deemed customers of COLTcash. COLT Studio Group will be the sole owner of all customer information including credit card data, name, address, email address, telephone, etc.

12. Liability

COLT Studio Group shall not be held liable for any loss of income or loss of profit arising from downtimes due to problems with your hosting equipment, or technical errors. Nor shall COLT Studio Group be held liable for any loss of income or loss of profit arising from any downtimes of its network, whether COLT Studio Group is at fault or a third party is at fault. You agree to participate in the Program at your own risk and not to hold COLT Studio Group or its directors and owners liable for any damage or loss caused by participation in the Program.

13. Remedy

If you are not satisfied with the Program or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate your account and discontinue sending traffic to the Program’s site(s).

14. Misrepresentation and Fraud

You may not use the Program for any other purpose than its promotional design. Any misrepresentation of the Program will be cause for termination of your account. You may not represent that you are a partner or owner of COLT Studio Group for legal or for any other purpose. Any tampering, misuse or fraud will immediately result in termination, forfeiture of all commissions owing, and prosecution.

15. Copyright

COLT Studio Group retains ownership of and all rights to its names, logos, trademarks, service marks, systems, software, lists, databases, reports and any information created, developed or purchased by COLT Studio Group. The Program’s site(s) and all pages within the Program’s site(s) are the property of COLT Studio Group. However any names, logos, trademarks, and service marks that you own, will remain under your ownership.

16. Promotion

You agree that COLT Studio Group may use your website information for promotional purposes.

17. Subject to Change

These rules and regulations are subject to change at any time and COLT Studio Group reserves the right to change the Terms and Conditions including the payout rate without notice.

18. Contact Information

You are responsible for maintaining current contact and payee information and must inform COLT Studio Group of any changes within 24 hours. All incomplete information will be deleted from COLT Studio Group’s files and if you provide COLT Studio Group with an incorrect email address your account will be terminated.

19. Ownership

The COLTcash Affiliate Program is owned and operated by COLT Studio Group. Except as noted, no content can be reproduced, copied, modified, framed, sold, removed, distributed, downloaded, republished, posted, displayed, transmitted, or in any other way exploited, in any form, including, but not limited to, mechanical, electronic, photocopying, recording or in any other form, without express written consent by COLT Studio Group.

20. Independent Contractors

You and Colt Studio Group are independent contractors. Nothing in this agreement shall make either party a partner, joint venturer, representative or any of the other and neither party shall so hold itself out by advertising or otherwise.

21. Failure to Comply

Any failure to comply with any of the Program's rules and regulations will result in the immediate termination of your account and forfeiture of any funds owed to you. COLT Studio Group will undertake any legal action required to recover funds previously paid and compensation for damages incurred, if any.

22. Warranties and Representation

You warrant and represent that:

  • a. You are legally authorized and with full power, able to enter into this agreement.
  • b. You accept this agreement in its entirely.
  • c. You are at least 18 years of age, and must have reached the age of majority in your local jurisdiction.
  • d. Minors will not be given access to the Program’s site(s).

23. Indemnification

You agree to indemnify, defend and hold harmless COLT Studio Group and its parent subsidiaries, affiliates, successors, as well as its officers, directors and employees from any and all losses, liabilities, damages, actions, claims, expenses and costs (including attorneys’ fees) relating to the violation of this agreement or the participation in the Program.

24. Tax Information

All U.S. citizens must supply a Social Security Number or Federal Tax ID before receiving any commission payments. For all combined yearly commissions of $600.00 or more, COLT Studio Group will register a 1099. Anyone providing false information will (a) forfeit all commission payments and (b) have all accounts terminated. You must keep all your contact information accurate and up-to-date.

25. Correspondence

As an affiliate of COLT Studio Group you agree to receive any correspondence regarding the Program.

26. Severability

Any provision of this agreement that is illegal, invalid, prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction, and the remainder of this agreement shall not to affected thereby and shall remain in full force and effect and shall be enforced to the greatest extent permitted by law.

27. Termination

COLT Studio Group reserves the right to cancel your account for inactivity or any other reason at COLT Studio Group’s sole discretion.

28. Waiver

No breach of any of the provisions hereof may be waived except by written notice. No waiver of any breach of any provision of this Agreement shall be deemed a waiver of any other breach of the same or other provision. No failure to exercise any right or privilege shall be deemed a waiver of COLT Studio Group’s right to exercise a similar or other right or privilege subsequently.

© 2008 COLT STUDIO GROUP 18 U.S.C. 2257 Record-Keeping Requirements Compliance statement