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| Payment Policy |
Payment Policy:
This Payment Policy forms part of the Member Agreement and is incorporated by reference therein. Capitalized terms not defined herein will have the meanings set forth in the Member Agreement and related policies.
1. Pillow-Whisper's payment responsibilities for Adviser or Promoter Services you provide are subject to restrictions and limitations. The Member who initiates a Transaction with another Member through the Site is solely responsible for payment of any and all fees for the Transaction. Pillow-Whisper shall not be obligated to pay any fees for which Pillow-Whisper has not been fully paid by the Member or Member's credit card issuer or bank, as applicable. You hereby authorize Pillow-Whisper to collect payments from Members on your behalf for any and all Transactions that you conduct. Pillow-Whisper will credit to your Member account the fees collected by Pillow-Whisper less Pillow-Whisper's connection charges and commissions set forth below, any tax withholdings required by law, and any refunds, discounts, chargebacks and chargeback fees payable by Pillow-Whisper (the "Net Fees").
Live Calls:
As an Adviser, you may charge Members a price per-minute fee as part of the listed rate. Pillow-Whisper may collect a minimum per-minute fee. Pillow-Whisper will retain connection charges for each call in the amount of Pillow-Whisper's then current connection charges. Pillow-Whisper reserves the right to change the amount of connection charges retained by Pillow-Whisper at any time. In addition to connection charges, Pillow-Whisper will retain a commission equal to thirty percent (30%) of the Net Call Fees for all live calls. The "Net Call Fees" means the Gross Call Fees less Pillow-Whisper's connection charges. The "Gross Call Fees" means the fees collected by Pillow-Whisper for each call to your Adviser listing at the listed rate for the duration of the connection.
Paid Mail:
As a Adviser, you may charge a fee for responding to the Paid Mail requests that you receive. You must clearly state the fee for responding to Paid Mail in your Member listing(s). Pillow-Whisper will receive a commission equal to thirty percent (30%) of the Gross Mail Fees. The "Gross Mail Fees" means the fees collected by Pillow-Whisper for each Paid Mail sent from your Adviser address that is accepted by a Member.
Special Programs:
Pillow-Whisper may, at its option, invite you to participate as an Adviser or Promoter in special offerings that may include custom branding, promotional pricing, qualifications verification and/or targeted promotion. You do not have any obligation to accept such invitations, however, if you do accept such an invitation, you agree to be bound by the terms set forth in the invitation in addition to the terms and conditions of the Member Agreement and the policies incorporated therein.
2. Adviser/Promoter Fee Remittance.
a. When you request to receive your fees, Pillow-Whisper will distribute fees to you from your Member account. Pillow-Whisper makes payments only in U.S. dollar denominations.
b. Pillow-Whisper will make monthly payments via emailed check. You just print it and cash or deposit it like any other check. To set up your account for payment go to My Account>Edit Check and follow the directions.
c. You are solely responsible for (i) all hardware, software and other costs incurred in using the Site, and (ii) determining, collecting, reporting and paying any applicable state and federal sales, income or other taxes. Pillow-Whisper may withhold taxes from amounts issued to Advisers and Promoters as required by law.
d. Pillow-Whisper reserves the right in its sole discretion to institute a chargeback policy as Pillow-Whisper deems appropriate. Pillow-Whisper reserves the right to withhold issuing payment for your fees without notice on any transaction which in our sole discretion suggests that the Member or Member's bank may not fulfill his or her payment obligation. Pillow-Whisper reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious to ensure integrity of the funds.
e. Pillow-Whisper reserves the right to close a Member account at any time without reason, including, but not limited to, a violation of this Payment Policy, upon notice to the Member and payment to the Member of any unrestricted funds held in custody.
f. Pillow-Whisper reserves the right to restrict payments from a Member account for any of the following reasons. If your Member account is identified for review, you will be notified by email and requested to provide information relevant to your Member account. Pillow-Whisper will use reasonable efforts to promptly investigate the matter and/or reach a final decision on the restriction. If the investigation result is in your favor, Pillow-Whisper will unrestrict your Member account. If the investigation result is not in your favor, Pillow-Whisper may return funds to the Member and unrestrict the remainder of your Member account, will continue the restriction for up to one-hundred-and-eighty (180) days as to funds necessary to protect Pillow-Whisper against the risk of chargebacks, or may close your Member account by giving you notice and mailing a check for any funds in your Member account that are not in dispute to the address that you have provided. If you are later determined to be entitled to any disputed funds, Pillow-Whisper will make an additional payment of those funds to you. Reasons may include, but are not limited to, the following:
- Reports of unauthorized or unusual credit card use associated with the Member account including, but not limited to, notice by the card issuing bank
- Reports of unauthorized or unusual bank account use associated with the Member account
- Receipt of potentially fraudulent funds
- Excessive disputes or chargebacks
- Refusal to cooperate in an investigation or provide confirmation of identity when requested
- Sending unsolicited email or posting referral links on websites where they are not permitted
- Opening multiple Member accounts under different names to facilitate fraudulent activity
- Suspected violations of the Member Agreement
- Name on the bank account associated with the Member account does not match the name on the Member account
- Return of an incoming Electronic Funds Transfer for insufficient funds in the bank account, incorrect bank routing number or incorrect bank account number
- Use of an anonymizing proxy
- Any other circumstances which cause Pillow-Whisper to believe that a Member account may be being used for fraudulent purposes
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