FiestaBar End user license agreement

A. Requirements for Membership in Cashfiesta.com

To maintain a membership at Cashfiesta.com, you must meet the following basic requirements:

One Account Per Member. You may only maintain one membership account at Cashfiesta.com. You may not have multiple FiestaBars™, displayed on one screen simultaneously. If you establish duplicate accounts, we may terminate all of your accounts, resulting in the loss of accumulated credits for each terminated account.

Accurate Information. You must provide Cashfiesta with valid contact and residence information and promptly update that information if it changes. If you impersonate or misrepresent your identity, Cashfiesta may terminate your membership and you will forfeit any earned credits. Cashfiesta may terminate any membership, containing any untruthful information.

Accounts Non-Transferable. Your password and account are yours and yours alone, and you may not transfer them to anyone else. You may not allow anyone else to use your password or account. You may not use anyone else`s password or account or accrue earnings for anyone else`s account. You are responsible for keeping your password confidential, and Cashfiesta.com will not be liable for any loss or damage caused by disclosure of your password or account information. You may only create one account for yourself and may not establish an account on behalf of anyone else.

Legal Compliance and Claims. You agree to comply with all local, state, province, country or regional laws that may be applicable to your use of the Internet and your membership at Cashfiesta.com.
Both parties agree that any cause of action arising out of or related to the Cashfiesta Service must be initiated within six (6) months after the cause of action arose; otherwise, such cause of action is considered void. Furthermore, to the maximum extent allowed by applicable law, you agree not to bring, join or participate in any class action against Cashfiesta and/or any of its parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees. You agree that Cashfiesta holds the right to take countermeasures in order to stop such a lawsuit or to remove you as a participant in the suit, and that you shall have the obligation to pay all costs incurred by Cashfiesta exercising this right. The above agreement is not a waiver of any of your rights and remedies to pursue a claim individually and not as a class action.

Canceling Your Membership. If you wish to do so you may cancel your membership at any time by ceasing to use the FiestaBar™ and notifying Cashfiesta.com at cancelmyaccount@cashfiesta.com. If you decide to cancel your membership and later wish to re-enroll, you may be assigned a new account number. You will not receive credit in your new account for referrals made using your previous account.

Inactive accounts. Provided you have been a Cashfiesta member for more than 6 months and in the last 6 months you have accumulated less than 600 points from FiestaBar™ all your previous earnings will equal zero.

Termination of Accounts. Cashfiesta.com may refuse to accept any application for membership for any reason or for no reason. We may terminate this agreement and your membership without any notice or good cause, and we may at any time terminate your membership by giving you prior notice. Good cause may mean: (a) violation of any provision of this agreement, (b) aiding in or promoting circumvention of the Cashfiesta Service, (c) acting against the business interests or reputation of Cashfiesta, (d) otherwise acting in an unlawful manner in relationship to Cashfiesta, the Cashfiesta website, the Cashfiesta Service, or any Internet service provider, (e) breach of our antispam policy , or (f) any other reason in the sole discretion of Cashfiesta. Cashfiesta reserves the right to terminate member accounts at its sole discretion and may terminate the membership of anyone who fails to meet the above requirements.
If your account is closed, your referrals will be lost, and you will forfeit any unpaid monies on your account. Furthermore, all members up-line from you will lose the benefit of your referrals.



B. Your Relationship with Cashfiesta.com

By filling out the registration form you are applying to receive a service. No employee-employer relationship is created by your use of the Cashfiesta web site and its services. Cashfiesta has no obligation to offer the Cashfiesta Service or other promotions to you.



C. Using the Cashfiesta Service

Compensation. Subject to the terms of this agreement, you can earn money or other compensation for viewing advertisements and offers on the FiestaBar™, for signing up for Special Offers, and for referring other members. Credits will be earned in your account according to the following limitations:

No Tampering. You promise neither to simulate, to fake, or to falsify your presence or activities in order to earn money or other compensation or rewards from the Cashfiesta.com, nor to interfere with the visual display of advertising or with the FiestaBar™ or with Cashfiesta`s tracking of your activities, nor to assist others in doing any of the above. Simulating, faking, or falsifying your activities may include, among other things, creation, distribution or use of service or other devices that respond to prompts in your absence. You also agree not to tamper in any way with the proper functioning or tracking of the FiestaBar™. Cashfiesta.com will terminate your account if you engage in any such simulating, faking, falsifying, or tampering. By using the FiestaBar™ you are representing to Cashfiesta.com that you have not engaged in any such activities designed to thwart the purpose of this agreement, such as simulation, faking, or falsifying your presence or otherwise tampering with the FiestaBar™, or assisting others in doing so.

No Guarantee of Accuracy. YOU AGREE AND UNDERSTAND THAT ALTHOUGH CASHFIESTA.COM WILL MAKE REASONABLE EFFORTS TO FAIRLY AND CONSISTENTLY MONITOR YOUR ACTUAL ACTIVITES, CASHFIESTA.COM DOES NOT GUARANTEE THE PRECISION OF THE PROCESS. YOU WILL ONLY BE CREDITED FOR ADVERTISEMENTS AND OFFERS, WHICH WE CAN VERIFY THAT YOU HAVE SEEN OR EXPERIENCED. YOU WILL RECEIVE SPECIAL OFFER POINTS ONLY IF YOUR ID IS INCLUDED IN THE MONTHLY REPORTS FROM OUR PARTNERS FOR THE SPECIAL OFFERS YOU`VE SIGNED UP FOR.

Payrate. The bar points, as well as the points you earn from your referrals, are converted to cash according to your monthly individual payrate. Your individual payrate is calculated on the basis of the number of Special Offers you sign up for during a month. Your Special Offer points have a fixed rate of $1 for 1000 Special Offer points.

Service Updates. Users must upgrade to the new versions of the FiestaBar™ as they become available in order to maintain active status with Cashfiesta.com. Cashfiesta.com reserves the right to refuse to credit accounts for members using past versions of the FiestaBar™.



D. The Referral Program

If you are accepted as a member of Cashfiesta.com you may earn credits for some of the activities of members that you refer to Cashfiesta.com, or "your referrals," and some activities of members referred by your referrals. The Referral Program is subject to the following terms:

One Referrer Only. Each new member may only designate one referring member at the time he/she becomes a member of Cashfiesta.com.

Referral Levels. You will receive credits only for the usage of Cashfiesta`s services of EIGHT (8) levels of referrals. If your account is closed, your referrals will be lost, and you will forfeit any unpaid monies on your account. Furthermore, all members up-line from you will lose the benefit of your referrals.

Referral percentage rates are always posted on the Cashfiesta site. Those are the rates that you will receive. If Cashfiesta.com for any reason changes rates those will be posted on the site.

No Hourly Limits. We do not limit the amount of time you can earn credits or the number of advertisements and offers that you may view in any month.

Marketing Claims. You agree that you will not make any misrepresentations to any of your referrals or potential referrals about compensation typically received by Cashfiesta members or about compensation that potential members are likely to receive, and to fully comply with all applicable laws related to multi-level marketing programs.



E. Anti-Spam Policy

What is Spam?

In simple terms spam (a.k.a. unsolicited commercial e-mail, unsolicited bulk e-mail, mass e-mail, junk e-mail) is a message that advertises goods or services that you send to someone without their prior consent or in the absence of a previous relationship (including newsgroup, IRC channel, or message board postings unrelated to the topic of discussion of the particular newsgroup, channel, or message board).

Cashfiesta.com strictly prohibits the sending of unsolicited mass messages of any kind. We will not tolerate spam and will terminate the account of any member who violates our anti-spam policy. Your account will be closed, your referrals will be lost, and you will forfeit any unpaid money on your account.

Should any law enforcement agency, internet service provider or other person or entity provide COMPANY with notice that you have engaged in transmission of unsolicited e-mails or have engaged in otherwise unlawful conduct or conduct in violation of an internet service provider`s terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information.

If you know of someone violating our anti-spam policy please contact us at support@cashfiesta.com and be sure to include a copy of the spam message/email.

CAN-SPAM Amendment

By becoming a Cashfiesta.com Member or Publisher, you acknowledge and agree to comply with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003. The ACT can be found in its entirety at: http://spamlaws.com/federal/108s877.html

You agree to fully and completely indemnify Cashfiesta.com, its members, officers, directors, employees, agents and affiliates, for all damages arising from your breach of any of the obligations set forth in the CAN-SPAM Act. Upon notice from Cashfiesta.com to you requesting that you terminate e-mail solicitations, you shall immediately stop sending any e-mail solicitations promoting the Cashfiesta.com service.

You also acknowledge and agree that you will use brokers or third parties to deliver e-mails promoting the Cashfiesta.com services only if each one of them acts in compliance with the terms of the CAN-SPAM Act, agrees to fully and completely indemnify you and Cashfiesta.com, its members, officers, directors, employees, agents and affiliates, for all damages arising from their breach of any of the obligations set forth in the CAN-SPAM Act and you have the ability to terminate distribution with or procurement by any such third party on not more than 24 hours notice. You shall be solely responsible for any breach of these obligations by any such third party.



F. Payment Issues

Monitoring Your Account Balance. You may view your account balance and the number of referrals that you have accumulated at the Member Area in Cashfiesta.com. If you have a question about your account balance, contact support@cashfiesta.com.

Mailing of Checks. Subject to the terms of this agreement, Cashfiesta will mail a check to you within a reasonable time after you have accumulated in your account at least US$50, and you have requested payment using Request Payment page at Cashfiesta.com. Cashfiesta assumes no responsibility for lost, stolen or misdirected checks. If your address has changed, please, remember to update your profile at:
http://www.cashfiesta.com/php/edit.php

Account Termination. If your account is terminated you forfeit all monies accrued to your account prior to termination.



G. Your Relationship with Advertisers

If you choose to deal with or enter into a transaction or relationship with merchants or advertisers found on the Cashfiesta website (including purchasing goods or services, responding to promotions or discounts or entering contests, and any of the associated terms and conditions), those dealings are solely between you and the merchant or advertiser. By clicking through ads in the FiestaBar™ or taking advantage of discounts and promotions directed to Cashfiesta.com members by our advertisers, you are authorizing the advertiser to share information with Cashfiesta about the promotion, products or services that you obtained from them. Cashfiesta.com will use this information to help improve the compensation, promotions and discounts offered to Cashfiesta.com members.



H. Privacy Policy

We Respect Your Privacy

We created this Privacy Policy in order to inform you about the information we collect on the Cashfiesta.com web site, how we use this information, how we protect it and what choices you have regarding the collection and use of your personal information.

Please read the Privacy Policy carefully as by visiting and sharing information on the Cashfiesta.com site you agree to be bound by the Policy.


Information We Collect

We collect two types of information: personally identifiable information that you expressly provide us with by enrolling as a Cashfiesta.com member and non-personally identifiable information.
Personally Identifiable Information

When you register as a member of Cashfiesta.com, you provide us with personally identifiable information such as name, e-mail address, physical address. For some promotions we may request a valid phone number. We may also request other personal information from you such as age, gender, birth year, education, annual household income, and interests.

In addition, in order to send you checks valued $600 or more we may require that you provide financial information for tax purposes.

Certain offers that appear on our site may require that you provide us with additional information, including financial information, so that we can in turn provide it to our partners who sponsor the offers. This partner-requested information will only be provided to the specific sponsor of the offer, and only if you request that offer. We will not use this information.

Non-Personally Identifiable Information

In addition to the personally identifiable information, we also collect certain information online arising from your use of the Cashfiesta.com program. This information is anonymous; it is not connected with your personal information. Types of non-personally identifiable information we may collect, not exhaustive:
The URL that you came to our site from;
Your IP address at the time you visited our site;
Pages from our site you visited and time you spent at each page;
Number and type of offers you responded to.


Cookies

Cookies are small data files that a web site server stores on a computer. They contain information about activities performed by a user of the computer on the specific web site and characteristics of the computer at the time the user navigates the site. Examples: the IP address of the computer at the time the user navigates the site; the password the user has set for the site, so that the user doesn’t have to type it each time he/she tries to log in at the site, etc. As cookies are data files, not code, they cannot erase or read information from a computer’s hard drive or from other sites the computer user visits. Cookies can only be read by the server of the site, which has set them, so that information about activities on one site can’t be transferred through a cookie to another site.

We may store two types of cookies on your computer:
Session Cookies: These cookies are stored in the Internet browser and are deleted each time the browser is closed. We use session cookies mainly to facilitate site navigation: for example, once you log in to the site, you don’t have to log in again during the same session; and to personalize site experience.
Permanent Cookies: These cookies are stored on the hard drive of your computer. They are not exactly “permanent”. Each cookie has different “life span” determined by the web site that sets the cookie. We may use permanent cookies to store your username and password (encrypted) on your computer if you opt to have it saved.
We may use both types of cookies for aggregate audience analysis: where our visitors and members come from, which pages they visit, how much time they spend on the site, which offers are most popular among members, etc. No personal information is stored in the cookies. Note that if you disable cookies on your browser, your FiestaBar™ may not function properly and we may have difficulties rendering services to you.


Use of Your information

We use your personal information to service the Cashfiesta.com program, communicate with you, fulfill your requests or process, validate and/or verify orders. For example, we need your mailing address in order to know where to send your monthly check. We use your e-mail address to send you our monthly newsletter and other transactional messages related to your Cashfiesta.com membership and, in case you opt to receive such, special offers and promotions from Cashfiesta.com and on behalf of our affiliated and non-affiliated partners.

We use your non-personally identifiable information to facilitate and personalize your online experience and make it better. We also use non-personally identifiable information to compile information about our website users and their online behavior, to develop new features and services for the site, to track your experience on the site in order to show you only content and ads that we believe you may be interested in, and to analyze and prevent technical problems.


Disclosure

Except as described below, personal information you provide through the Cashfiesta.com web site will not be shared with third parties without your permission.

Some offers or services you choose to participate in may require us, by their terms, to forward your personal information (such as mailing address for delivery of orders) to a partner so that they can provide the service directly to you. If you become a member through a partner web site, your basic enrollment, activity and interest information may be shared with that partner, as applicable, and that partner may share information it collects about you with us, subject to its own privacy policies. We will provide you with notice of such instances at the point where the information is collected.

We may also share your personal information with third party service providers that perform services on our behalf, such as: credit rating companies, email service providers, credit card processors. These companies can only use the information we provide for the purpose of providing you with the services you requested.

If Cashfiesta.com or any of its assets are acquired by or merged with another entity, member information will be one of the transferred assets.

Other circumstances under which we may disclose your personal information: (1) in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; (2) in the event you violate or breach an agreement with us; (3) in the event we believe you will harm the property or rights of Cashfiesta.com or those of Cashfiesta.com’s customers or affiliates, (4) in the event we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Cashfiesta.com terms of use, or as otherwise required by law.


Choice/Opt-Out

If you have opted to receive commercial messages from us and from our partners and no longer wish to receive those messages, you can opt out of receiving them by changing your communication preferences in the Edit Profile section of the site. However, your option not to receive commercial messages: (a) shall not preclude us from contacting you, by e-mail or otherwise, regarding your existing or past relationship with us (e.g. sending you updates about the Cashfiesta.com services, incl. our Monthly Bonus emails), and (b) shall not preclude us, including our employees, contractors, agents and other representatives, from accessing and viewing your personal information in the course of maintaining and improving the site.


Third Party Websites

This Privacy Policy applies only to the Cashfiesta.com site. The site contains links that direct you to websites owned and operated by other companies. In particular, when you take advantage of an offer, you will be directed to a web site of our marketing partner that may also collect your personal information. Those web sites are beyond our control. You should read those sites` privacy policies before using them. If you wish to opt out of their mailings, you must do so through those sites. Third party ads that we run on our site may set cookies to measure advertising effectiveness and gather completely anonymous information. We have no access to or control over these cookies. Some of the Special Offers you have to complete in order to earn cash may also use cookies to track and report signups. If you have your cookies disabled, you may not receive credit for some offer signups.


Personal Information Updates

You can modify or update your personal information after logging in to your Cashfiesta.com account and clicking on the Edit Profile link.


Security of Your Personal Information

We secure your personal information by using reasonable technical efforts to prevent unauthorized access or disclosure, or accidental loss or destruction of the information that we collect. Efforts we undertake to ensure the security of your data include but are not limited to: maintaining our own servers under our private control, data encryption and/or monitoring of our network and data for intrusions. However, perfect security does not exist on the internet.

Your information may be stored and processed in the United States or any other country in which Cashfiesta.com or its affiliates, subsidiaries or agents maintain facilities, and by using the Cashfiesta.com site, you consent to any such transfer of information outside of your country.


No Information Collected from Children

In compliance with the Children`s Online Privacy Protection Act (COPPA) Cashfiesta.com will never knowingly collect any personal information about children under the age of 13. If Cashfiesta.com obtains indication that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database.


Your California Privacy Rights

Starting from January 1, 2006, if you are a California resident, you have the right to receive: a) information identifying any third party company (ies) to whom we may have disclosed, within the past calendar year, personal information pertaining to you and your family for the company`s direct marketing purposes; and b) a description of the categories of personal information disclosed. To obtain such information you must make a request in writing. Your request must include your name, registration email address, and a return address or it will not be processed. Such requests will not be processed more than once per calendar year. Requests made via email will not be accepted. Please mail your request to: Cashfiesta.com/ 41 Sutter St. # 1214/ San Francisco, CA 94104


Privacy Policy Changes

We reserve the right to change this Privacy Policy at any time. The new version will be posted on the site. Your continued use of the Cashfiesta.com site and its products/services represents your consent to the revised Privacy Policy. It is your responsibility to periodically revisit the site for possible changes.


Contacting Us

We value your trust and we are committed to your privacy. If you have any questions about this privacy statement, Cashfiesta.com practices, or feel that your privacy has been compromised in any way, please contact us at support@cashfiesta.com



I. Trademark Usage Policy and License

Cashfiesta grants active members of Cashfiesta.com a limited license to use the Cashfiesta name, creatives, and trademarks. If a member displays Cashfiesta trademarks on a website that contains content that may tarnish the reputation of Cashfiesta.com or is otherwise objectionable to Cashfiesta, we may cancel that member`s personal Cashfiesta account. Material that Cashfiesta considers objectionable and which may not be displayed with the Cashfiesta marks includes, but is not limited to, content that:
1. Violates the intellectual property rights or other personal or proprietary rights of any third party.
2. Contains or promotes defamatory, obscene, fraudulent, profane or harassing communication.
3. Replicates or "mirrors" all or parts of the Cashfiesta web site.
4. Promotes violence, drugs, militant or extremist views.
5. Promotes discrimination based on nationality, disabilities, race, sex, religion or age.
6. Depicts or promotes sexual acts, nudity, partial nudity or gross depictions.
7. Contains or promotes any unlawful activities or materials.
The FiestaBar™ software is licensed to Cashfiesta.com members free of charge and provided on an "AS IS" basis, for personal use only, and subject to the terms of this Agreement. Unauthorized reproduction or distribution of the FiestaBar™ software, or any part of it, will be prosecuted to the maximum extent of the law, and may result in severe civil and criminal penalties.



J. Disclaimer of Warranties

MEMBER EXPRESSLY AGREES THAT USE OF THE MEMBER PROGRAM IS AT YOUR SOLE RISK. THE MEMBER PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CASHFIESTA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CASHFIESTA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE MEMBER PROGRAM OR ANY TRANSACTIONS ENTERED INTO THROUGH THE MEMBER PROGRAM.



K. Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER CASHFIESTA NOR ANY OF ITS PARENTS, MEMBERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER`S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.



L. Updates to This Agreement

Because of the constantly evolving nature of our business, Cashfiesta needs to have the ability to revise the term of this agreement from time to time. We will notify you of each revision via our website or by email. You may object to the updated Agreement by terminating your membership. If you continue to use the FiestaBar™ and enjoy the benefits of membership at Cashfiesta.com after notification, that will signify your acceptance of the new terms.



M. Contacting Us

If you have any questions about this Agreement, Cashfiesta.com practices, or have other questions or comments, please contact us at support@cashfiesta.com