October 14, 2008
BouyCrush Launched an all new affiliate program take a second and check it out, and read up on our cool new features many of you have been asking for for!.
August 12, 2008
BoyCrush just launched its hosted gallery feature check out our almost 200 hosted galleries ready for you to use!
August 12, 2008
BoyCrush just launched its hosted picture gallery feature check out all hosted tgp's ready for you to use!
August 15, 2008
BoyCrush just finished applying our gallery of the day feature and opened it up to our affiliates.
August 1, 2008
BoyCrush has opened up its very own blog site located at www.boycrushblog.com. Please check it out leave some comments or find some content for your own blog.
July , 2008
BoyCrush has made the long awaited switch to cascaded billing with Epoch as our new main biller. Please login in to your pre created epoch account and double check your billing info.
February 14, 2008
The boys here at BoyCrush are almost done with production for an all new site the finished product will be released early 2009.
May 31, 2008
BoyCrush has struggled for quite sometime on our affiliate end of business. So we have hired a new affiliate manager, whose name is Mark, as well as additional photo editors to keep up with your requests. Please don't hesitate to contact him!
Affiliate Terms & Conditions This Affiliate Terms and Conditions Agreement (the "Agreement") is entered into by and between you (the "Affiliate") and Burning Bush Media, LLC ("BOYCRUSH") upon acceptance of this Agreement evidenced by clicking on the Create Account button on the Boycrushcash.com sign-up page.
1. BASIC AGREEMENT Upon acceptance by Affiliate of the terms and conditions contained herein and continued compliance herewith, Affiliate shall be allowed to participate in the Boycrushcash.com Affiliate Program (the "Program") wherein BOYCRUSH shall enable Affiliate to use certain intellectual property of BOYCRUSH on Affiliate's Web sites for marketing and promotional purposes and as consideration for any traffic directed by Affiliate to BOYCRUSH through Affiliate's marketing and promotional efforts and that converts into revenue to BOYCRUSH, BOYCRUSH shall pay Affiliate compensation, as set forth in section 3 below.
2. RIGHTS GRANTED AFFILIATE BOYCRUSH grants Affiliate each of the following: 2.1 The nonexclusive right to refer, direct or send visitors or users of Affiliate's Web site(s) to websites owned, controlled and/or operated by BOYCRUSH ("BOYCRUSH 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 BOYCRUSH for use on Affiliate Web sites for the exclusive purpose of advertising, marketing or promoting BOYCRUSH Web sites. Affiliate may post as many of these banners and other materials on its site(s) as desired. 2.3 BOYCRUSH 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 BOYCRUSH, including all images therein. Upon termination of Affiliate'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 Affiliate shall immediately remove all BOYCRUSH files, banners, ads, and any and all other BOYCRUSH intellectual property, copyrighted material, trademarks, and patents, if any, from Affiliate's Web sites. 2.4 Affiliate is not authorized and shall not change Boycrush’s 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 Boycrush. 2.5 Affiliate specifically acknowledges and agrees that it shall not modify, edit, resize, redact, or otherwise change any of Boycrush’s names, file names, trademarks, design logos, banners, ads or other material for any purpose whatsoever. Affiliate further acknowledges and agrees that any such change or changes will be a material breach of this Agreement and shall constitute an infringement of Boycrush’s copyrighted and/or trademarked intellectual property. 2.6 Affiliate agrees and covenants to notify BOYCRUSH of all Uniform Resource Locator (URL) a.k.a. "Web site" locations where it has published Boycrush’s 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. Affiliate further acknowledges and agrees that failure to notify BOYCRUSH of these locations constitutes a material breach of this Agreement and each such posting of which Affiliate fails to notify BOYCRUSH shall constitute an infringement of Boycrush’s copyrighted and/or trademarked intellectual property.
3. PAYMENT OF COMPENSATION BOYCRUSH will pay Affiliate for Web traffic to BOYCRUSH Target Page(s) from a banner or link posted on web page(s) of Affiliate's site(s) as follows.
3.1 Per Sign-Up Payments: Affiliate will be paid a flat rate of Twenty Five United States Dollars ($25 USD) per new membership sign-up. 3.2 Revenue Share Payments: As an alternative to the per sign-up compensation option, BOYCRUSH offers a Revenue Sharing option to Affiliates. Under the Revenue Sharing option of the Program, Affiliates of Boycrush programs receive 60% of the gross receipts from referred accounts, less applicable processing fees and other related fees charged by the third party processors who process charges for Boycrush. 3.4 All payments are made by check in U.S. dollars. Payment will only be sent if the amount due to Affiliate is at least US $50. Payment will be carried over from week to week until the amount due to Affiliate is at least US $50. 3.5 Affiliate agrees, by accepting and negotiating payment received from BOYCRUSH, 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. 3.6 A "referral" from an Affiliate Web site entitling Affiliate to a "commission" is defined as follows: (i) A person who has been directed to an authorized website owned, controlled or operated by BOYCRUSH ("BOYCRUSH Web site") through the use of a hypertext transfer link residing on Affiliate'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 BOYCRUSH Web site, and which banner ad or other promotional link has been supplied to Affiliate as part of the Program; and (ii) That person who, after having been directed to a BOYCRUSH Web site through the use of the hyperlink banner ad or other promotional link supplied to Affiliate residing on Affiliate's Website, has been converted into a subscriber or member of a BOYCRUSH Web site. 3.7 "Webmaster Referral" Program: BOYCRUSH will also compensate Affiliate for sales generated by other affiliates referred to BOYCRUSH by the Affiliate. When a new webmaster affiliate signs up for the Program through the approved Webmaster Referral link provided to the Affiliate by BOYCRUSH, the Affiliate will receive a commission of 10% on each sale generated by that referred webmaster affiliate. (i) Affiliates are prohibited from "referring" their own accounts/sales as such "self-referrals" will result in termination of all Program accounts operated by the Affiliate.
4. RESTRICTIONS ON PAYMENT OF COMPENSATION 4.1 Affiliate is not entitled to a commission for any BOYCRUSH subscriber sent or referred to a BOYCRUSH Website in violation of the terms of this Agreement,. 4.2 Affiliate is not be entitled to a commission from BOYCRUSH for any subscription which BOYCRUSH determines is the result of potential fraudulent activity. BOYCRUSH 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 Affiliate used in establishing an account in the Program, or an IP address that is otherwise known to be used by Affiliate. 4.3 BOYCRUSH has the right to deny or withhold payment from Affiliate, and to terminate Affiliate from the Program, if there is an abnormal number of chargebacks or cancellations of memberships or subscriptions, which have been referred to BOYCRUSH through Affiliate's Web sites. BOYCRUSH shall determine, in its sole and absolute judgment, what constitutes an abnormal number of chargebacks or cancellations of memberships or subscriptions.
5. TERM AND TERMINATION 5.1 This Agreement is not for any specific term or duration of time. Affiliate may terminate this Agreement at any time, for any reason or no reason; and, this Agreement and/or the Program may be terminated by BOYCRUSH, in its sole and absolute discretion, at any time, for any reason or no reason. 5.2 Affiliate shall terminate participation in the program by notifying BOYCRUSH by E-mail at support@boycrush.com of Affiliate's intent to terminate participation in the Program. 5.3 In the event this Agreement is terminated, Affiliate shall be entitled to any unpaid commissions or referral fees earned prior to the date and hour of termination. Affiliate 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 Affiliate's breach of any portion of this Agreement, BOYCRUSH reserves the right to withhold any amounts then due and owing.
6. REPRESENTATIONS AND WARRANTIES Affiliate hereby represents and warrants each of the following: 6.1 That if Affiliate is an individual person, he/she is over the age of eighteen (18) years; 6.2 This if Affiliate is an entity (i.e., corporation, limited liability company, etc.) that all individuals employed or associated with Affiliate in any way are over the age of eighteen (18) years; and 6.3 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.
7. UNITED STATES TAXATION 7.1 All 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.
8. RIGHTS OF BOYCRUSH 8.1 BOYCRUSH shall have the right, in its sole and absolute discretion, to terminate the Program and any and all Program Benefits relating to Affiliate's participation in the Program at any time and may do so with or without cause. 8.2 BOYCRUSH shall have the right, in its sole and absolute discretion, to change or modify the Program, including without limitation, the right to pay an Affiliate participating in the Program based on "click through's" rather than a flat commission or fee for a referral, as defined in section 3. If at any time BOYCRUSH changes or modifies the Program, Affiliate shall have the right to withdraw and terminate participation in the Program.
9. NO PARTNERSHIP, JOINT OR COLLABORATIVE VENTURE 9.1 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 Affiliate and BOYCRUSH, its subsidiaries, affiliated entities, successors or assigns; nor shall any term contained in this Agreement constitute or create any agency or employment relationship between Affiliate and BOYCRUSH, its subsidiaries, affiliated entities, successors or assigns. 9.2 BOYCRUSH has no control over nor ownership interest in Affiliate or Affiliate's Web sites, and Affiliate has no financial or other interest in BOYCRUSH, its subsidiaries, affiliated entities or any property owned by such entities, except as expressly set forth herein.
10. NO CONTENT CONTROL, MONITORING OR SUPERVISION 11.1 BOYCRUSH does not monitor, supervise or review content contained on Affiliate's Web sites. BOYCRUSH is not responsible for any content appearing or otherwise distributed on, at or in association with Affiliate's Web sites that is provided by Affiliate or independent third parties. 10.2 BOYCRUSH 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 Affiliate on, at or in association with Affiliate's Web site except as specifically set forth in this Agreement.
11. NO WARRANTY OR GUARANTY BOYCRUSH 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 Affiliate "as is", and use of the Program and associated materials is solely at Affiliate's risk. BOYCRUSH 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 Affiliate as part of this Program.
12. NO GUARANTY OF SUCCESS OR PROFITABILITY BOYCRUSH cannot guaranty or promise Affiliate any level of success or profitability due to Affiliate's participation in the Program. Affiliate has unilaterally entered into an Internet service business and all risk of loss, cost and expense of Affiliate doing business shall be borne solely by Affiliate.
13. 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.
14. LIMITATION OF LIABILITY BOYCRUSH, its subsidiaries, affiliated entities, employees, independent contractors, agents, representatives, assigns and successors shall not be liable to Affiliate, 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, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard to any link to any BOYCRUSH website, or arising from or in connection with this Agreement or the use of the BoycrushCash Program materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of Boycrush’s services, content or Program materials, including without limitation any losses due to server problems or due to incorrect placement of HTML.
15. INDEMNIFICATION Affiliate shall indemnify and hold BOYCRUSH, 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 Affiliate, including any use of Program materials other than as expressly authorized in this Agreement. Affiliate agrees that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and Affiliate agrees to indemnify for any resulting loss, damage, judgment, award, cost, expense, and attorneys' fees of the Indemnified Parties. Affiliate shall also indemnify and hold the Indemnified Parties harmless from and against any and all claims brought by third parties arising out of Affiliate's use of the information accessed from a BOYCRUSH Web site.
16. TRANSFER OR ASSIGNMENT 16.1 This Agreement shall not, under any circumstances, be transferred or assigned by Affiliate to any other person or entity, and any attempted transfer or assignment of a membership shall be void. 16.2 BOYCRUSH may, at any time, in its sole discretion and without prior notice to Affiliate, transfer or assign this Agreement to an affiliated or non-affiliated person or entity.
17. MODIFICATION This Agreement is subject to change or modification by BOYCRUSH at any time and changes shall become effective upon notice to Affiliate by e-mail, posting at or via hyperlink to a BOYCRUSH Website, or by mail. An Affiliate 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.
18. ACCEPTANCE AND EXECUTION By CLICKING ON THE "CREATE ACCOUNT" BUTTON on the BoycrushCash.com Sign-Up Page, and by supplying BOYCRUSH with all the information required to create an account on the Program, Affiliate has accepted all of the terms and conditions set forth herein above.