Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company's good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don't hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at email@example.com
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AIMDATE.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
2.1. AimDate reserves the Right to refuse your Application for the Right to Link to the AimDate Sites after you have accepted the terms and conditions of this Agreement. AimDate may refuse your Application if your website is deemed by AimDate to be unsuitable because, in AimDate's opinion, it:
2.1.1. Contains, promotes or links to sexually explicit materials, adult or pornographic content;
2.1.2. Contains, promotes or links to material containing violence or profanity
2.1.3. Contains, promotes or links to material containing discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Contains, promotes or links to material containing illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.7. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.8. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are one of AimDate site or any other affiliated business.
2.2. As a member of AimDate's Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the AimDate web site) and banner creatives, browse and get tracking codes. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3. AimDate reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web sites are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the AimDate Affiliate Program.
3.2. AimDate reserves the right to terminate this Agreement and your participation in the AimDate Affiliate Program immediately and without notice to you should you commit fraud in your use of the AimDate Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, AimDate shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
4.1. You are free to promote your own web sites, but naturally any promotion that mentions AimDate could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by AimDate. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote AimDate so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote AimDate so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from AimDate. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the AimDate Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
4.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as AimDate, thaiflirting, russianflirting, filipinaloves, loveinasia, ukrainaDating, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from AimDate’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
4.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Merchant’s service).
4.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Merchant’s site (i.e., no page from our site or any AimDate’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open AimDate’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
5.1. Commissions are paid in accordance with the amount of purchases made by the Partner's customers
5.2. A sale is defined as the order placed by the member you acquire. You will receive a 60% percentage of that sale as commission regardless of the monetary amount of the order.
No payment shall be made for any Chargeback. "Chargeback" is defined as a refund of payment to Affiliate Customers after their card has been processed.
5.3. The Commission Payment Rate is subject to change from time to time. You will be notified of any changes in the Commission Payment Rate, or Commission Payment Floor via the Program’s internal email, email, posting on the Site, and/or by any method in our sole discretion.
5.4 Valid Sale: A valid sale refers to the purchase of «coins» placed on a AimDate site by one of your acquired members. "Valid" means that no chargeback or creditback occurs. Any credits obtained by giveaways, bonus points, any extra free credits obtained by coupons, or any special promo like Start-up pack are not a purchase or part of it. Creditback is defined as credit refunded to customers; whereas Chargeback is refund of payment for customers after their card has been processed.
6.1. Payments are calculated monthly (from the first day of each month). Your Commission earned will be calculated and confirmed before the 5th day of the subsequent month.
Commissions are paid according to "valid" orders, which are defined as orders, which have not been charged back after a one-month period.
6.2. Payment for each month is calculated on or before the 5th day of the subsequent month. You may not make a payment request until your unpaid balance is greater than US$50, which may or may not be changed if necessary. We reserve the right to conduct a traffic review before processing the first payment of new affiliates if necessary. We will send out payments between the 8th and 15th day of each month. Payment requests sent in after the 7th day will not be entertained until the subsequent month.
6.3. If goods or services in which Commissions were paid to an affiliate are refunded by an affiliate's customer, Commissions for such goods or services will be deducted from the affiliate's balance of payments on the next month. If in the next month there is no Commission payable, we will present a claim for compensation resulting from the refunded goods or services.
6.4. We will not pay an Affiliate who has chargebacks or creditbacks of 5% or more.
6.5. There is a 30-day wait period to encounter refunds and chargebacks, all transactions will be pending at this period.
6.6. We reserve the right to audit accounts of all our Affiliates. In case of a violation found by our Anti-Fraud Department or suspicion of violation, we reserve the right to suspend the payout of Commissions until the queries and/or issues are completely clarified. If the Program regulation violations are proven, premeditated and/or systematic, we have the right to close an Affiliate account without any Commission payments.
6.7. Once your affiliate accounts are connected, you will be able to receive consolidated Commissions for all of your accounts payable until the affiliation is canceled by either party or any condition of affiliation has been breached by you.
6.8. In the case of a chargeback, Commission for the related transaction will not be paid. Any penalties caused by the chargeback transaction will be deducted from the affiliate's account or if the unpaid balance is not sufficient to cover that amount, a bill will be sent to the affiliate. In the event that our Anti-Fraud Department identifies any malicious conduct resulting from the chargeback and in connection with an affiliate, we have the full right to suspend the affiliate's account immediately and defray the unpaid balance.
6.9. We reserve the right to request your personal identification (e.g. identify document, passport, driving licence, address proof, telephone number, etc.) when appropriate situation occurs or when handling massive transactions including but not limited to payment. Should any exceptional circumstances occur, we reserve the right to withhold the payment until the investigation is concluded with satisfactory result.
6.10. If Affiliate has an outstanding balance due to us under this Agreement or any other agreement between the Affiliate and us, whether or not related to the Affiliate Program, Affiliate agrees that we may offset any such amounts due to us from amounts payable to Affiliate under this Agreement.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and AimDate's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in AimDate's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
The Company can transmit Partner the confidential information, which contains any corrections of this Agreement, related directly to the Partner's website and unavailable for the rest of Program Partners. Also, this concept contains information on monetary issues, information about MyBonusDating pricing; information about the Partners. Besides there will be considered confidential, any information marked as such during the term of this Agreement.
The Partner has no right to disclose Confidential information, and to use this data for personal, business or other purposes.
Before joining the Program, the Partner has fully to read this Agreement and to agree to all its terms and conditions. The Partner states that is participating in the Program on his own and agrees to all its terms and conditions in this Agreement.
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Merchant.com's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Merchant.com and the good will associated therewith will inure to the sole benefit of Merchant.com.
12.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
AIMDATE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING AIMDATE SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF AimDate ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
14.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and AimDate. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
14.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
14.3. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
14.4. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
14.5. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
14.6. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.