This Agreement contains the complete terms and conditions that apply to your participation as a member of the "Rich Fetish" Program (the "Program") operated by Richfetish ("Richfetish"). As used in this Agreement, "we", "us" and "our" means (co. Name Here).; "you" or "your" means the applicant/participating member.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND (co. Name Here) BY SIGNING UP TO THIS AFFILIATE PROGRAM YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.
1. Enrollment in this Program
To begin the enrollment process, you will submit a completed Program Application through our website www.richfetish.com. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, "Content Restrictions"). We reserve the right to allow or deny enrollment to the Program in Our sole discretion, at any time. The following is a list of countries that may be automatically denied enrollment or have accounts terminated without notice, this list may be modified by us at any time: Afghanistan, Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croa tia , Cuba, Czech Republic, Estonia, Georgia, Hungary, India, Indonesia, Iran, Iraq, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Korea, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lithuania, Malaysia, Moldova, North Korea, Oman, Pakistan, Qatar, Philippines, Romania, Russia, Saudi Arabia, Singapore, Slovakia, Slovenia, Sudan, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, Yemen, and Yugoslavia
2. Utilizing Our Links on Your Site
As an affiliate website of Richfetish ("Affiliate Site"), we will make available to you banner advertisements, button links and/or text links to our site (the "Links"), created by Richfetish containing Richfetish's trade names, service mark s, an/or logos for display on your Affiliate Site. Subject to the terms and conditions herein, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by Richfetish. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be modified with our consent.
3. Commissions
For each user You direct to a website in the Program who becomes a subscriber or makes a purchase, and who has been tracked and verified by Company as a Referral (see below) to one of the Program websites from Your website, You will receive a Commission as set forth in the payout details.
3.1. A Referral from Your website which entitles You to a Commission shall be defined herein as follows:
(a) An Internet User (hereinafter "User" or "Visitor") who has been directed by You to one or more of the Program websites through the use of a hyperlink banner ad residing on Your website or some other form of promotional link that automatically connects the user to one or more of the Program websites; and,
(b) A User who, after having been directed to one or more of the Program websites through the use of a hyperlink banner ad residing on Your website or other form of promotional link, has been converted into a subscriber to one or more of the Program websites; and/or,
(c) A User who, after having been directed to one or more of the Program websites through the use of a hyperlink banner ad residing on Your website or other form of promotional link, purchases goods or services from us.
3.2 You acknowledge and agree You shall not be entitled to a Commission for any subscriber who You referred to one or more of the Program website(s) in violation of the terms of this Agreement. All Commissions due and payable hereunder shall be payable in United States Dollars and shall survive termination of this Agreement.
4. Commission Payment
CURRENTLY WE OFFER TWO PROGRAMS. NEW PROGRAMS WILL BE OFFERED AS THEY ARE DEVELOPED.
(a) Revshare. We will pay you 50% of all signup revenue coming from your Links.
4.1 Payouts: Commission rates are subject to change from time to time, without notice upon posting on Our site. A Commission will only be paid if the Visitor to an approved Program website can be tracked by the system from the time of the click on Your Link to the time of the sale. No Commission will be paid if the Visitor's payment to the Program cannot be tracked directly to Your site by Our system or if full payment for services is not made by the Visitor. Commision payout may be revoked in the future for chargebacks or refunds stemming from members sent from your links.
We reserve the right, in our sole and exclusive discretion, to alter or modify the Program at any time including the method and terms of all payment benefits to You. Any changes posted to the Payout Details shall be binding upon all affiliates, including You, immediately upon posting the changes. It shall be Your sole obligation to check the Payout Details to determine if there have been any changes in the Program.
4.2 Time and Method of Payment. Commissions due and owing to You under the Program will be paid to You directly by Company by period for sales made during the prior pay period. Periods run from the 1st of the month to the 15th and from the 16th to the end of the month. Checks will be issued on the 28th of the month for period 1 and on the 13th of the next month for period 2.
4.3 Payments will be in the form of a check in US dollars payable to You, as identified in Your application, and will be mailed via regular mail to the street address indicated in Your application. You may request and receive payment via bank wire transfer if You pay the costs associated with the wire. Payment via wire is available but we deduct a $30 fee. You can also request a check fedex if you have minimum payout of $300 with a $20 fee deducted. If You dispute the manner or amount of calculation of Your Commissions with regard to any given payment period, You must inform us in writing within fifteen (15) days of the disputed payment, otherwise You are deemed to have waived Your right to challenge the payment calculation.
5. Free Content
Program affiliates are granted the limited non-exclusive right to use certain Richfetish content, made available to affiliates free of charge by Richfetish (Free Content), for affiliates use in promoting Richfetish's websites. The free content may be used for the sole purpose of assisting our affiliates in promoting our various websites through banners, buttons and links. Accordingly, the free content cannot appear on any web page unless that page contains a banner or link to an Richfetish site. You may have other banners or links on the page in addition to Richfetish, but the Richfetish banner and/or links must have priority on the page. If Richfetish determines in its sole discretion that you are using the free content to primarily sell other programs or promote other sites, you will be terminated as an affiliate.
Content may not be linked with html or other coding causing people to be re-directed to other websites. Content may not be used in any way for e-mail spamming, or any other type of spamming, and are meant for use in website publication only. This agreement does not allow you to claim ownership of any of the content. You are not allowed to sell, rent, lease, lend or trade the content online or in any other form of media, without the express written consent of Richfetish.
All intellectual property rights are retained by Richfetish. The Model Releases are held by Richfetish. All of the models were over or at the legal age of 18 years old at the time that the video and/or photographs were taken. The models gave their consent to the publication of the content concerned.
All records required by Title 18 USC Sec. 2257, for this product and all graphical materials associated, are in custody of: Richfetish
If your account has been terminated for any reason all images must be removed from your sites immediately
By utilizing these images, you have agreed to the terms outlined above.
6. Non-Exclusive Limited License with Logos and Trade marks
You grant us a non-exclusive license to use your names, titles and logos, trade mark s (collectively the "Affiliate Trade mark s), to advertise, mark et, promote and publicize in any manner our rights hereunder. Notwithstanding anything herein to the contrary, we shall not be required to so advertise, mark et, promote or publicize. You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Trade mark s and have the right and power to grant to us the license to use same in the manner contemplated herein, and such grant does not or will not (i) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you, or (ii) infringe upon any trade mark , trade name, service mark , copyright, or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the expiration or termination of this Agreement.
7. Responsibility for Your Site
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for any materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trade mark s, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or illegal. You must have express permission to use another party's copyrighted or other proprietary material. We are not responsible if you use another party's copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following: - Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or aol customers or otherwise violate our spamming policies; - Attempt to cheat, defraud or mislead us in any way; - Misrepresent to the public the terms and conditions of our sites or your sites; - Promote passwords, MP3, or Warez; - Own or operate a website in connection with a person who is under 18 years; or - You operate from a foreign country for which you don't have our explicit authorized consent.
8. Term of the Agreements
The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for us to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned before the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
9. Modification
We may modify any of the terms and conditions contained in this Agreement, at any time in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
10. Relationship of Parties
You and Richfetish are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section. We are not your Agent. You are not our Agent.
11. Limitation of Liability
We will not be liable for indirect, special, or consequen tia l damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
12. Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or any Richfetish services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). 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.
13. Representations and Warranties
You hereby represent and warrant to us that 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; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
14. Confidentia lity
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confiden tia l (herein referred to as "Confiden tia l Information"). For the purpose of this Agreement, the term "Confiden tia l Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to Richfetish, customer and vendor lists relating to Richfetish and any members of the Affiliate Program, other than you. Confiden tia l Information shall also include any information that we designate as confiden tia l during the term of this Agreement. You agree not to disclose any Confiden tia l Information and that such Confiden tia l Information shall also include any information that we designate as confiden tia l during the term of this Agreement. You agree not to disclose any Confiden tia l Information and that such Confiden tia l Information shall remain strictly confiden tia l and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trade mark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.
15. Indemnification
You hereby agree to indemnify, defend and hold harmless Richfetish, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trade mark s infringes the rights of any third party; (ii) the breach of any representation or warranty made by you herein; or (iii) any claim related to your site.
16. Miscellaneous
Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the Netherlands without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.