The online dating service that you are now using is powered, hosted and maintained by DatingVentures.com, currently located at http://www.datingventures.com and made available through websites owned by DatingVentures.com, or through a network of online dating services developed, hosted and maintained by DatingVentures.com, each of which is linked from websites owned or maintained by various DatingVentures.com third party affiliates and co-branders (each an “Affiliate” or Co-brander, collectively, the “Affiliates”). All DatingVentures.com co-branded dating sites and network affiliate dating services controlled and operated by DatingVentures.com are referred to as the DatingVentures.com Network.
This agreement describes the entire terms and conditions for participation in the profit sharing Affiliate/Co-branding Program. The Affiliate/Co-branding program is owned and operated by DatingVentures.com Inc. The parties to this agreement are DatingVentures.com Inc. ("DV", "we", "our") and you the Affiliate or Co-branding licensee (“Affiliate”, “Co-brander”, "Participant", "you", "yours").
Commission Structure: You will from earn 40 – 60% of gross revenue as a referral fee from new or renewing paying members coming from your web site. Gross revenue only includes cash collected via valid credit card, check, echecks, money order or other means and does not include sales tax charges. You will continue to receive commission for as long as the paying member is active and continues paying for the service (membership subscriptions and contact credits).
Commission Payment: DV will send a commission check for the applicable referral fee (less any taxes required to be withheld under applicable law). Payments will be sent to the individual and address name on the online application form, on a monthly basis until such time as this agreement has ended. Payments will not be made until commission earned has reached at least an amount of $100. Payments may be less any taxes required to be withheld under applicable law. Please remember that payments are made according to our Co-branding/Affiliate Statistical Report. All personal member information is kept in the strictest confidence and will not be included in the Co-branding/Affiliate Reports.
Refunds, Chargebacks and Bad Checks: If subscription is later refunded to the member or charged back by the customer, or if a customer's check does not clear, the referral fee will be deducted from the next monthly payment sent to the participant.
Tracking of Subscription Fees: DV will be solely responsible for tracking subscription sales. Statements of subscription sales activity will be provided to you on a 24/7 basis with your affiliate/co-branding login name and password. All personal member information is kept in the strictest confidence and will not be included in the Co-branding/Affiliate Report.
Copyrighted information: You are solely responsible for ensuring that your logo and preamble text obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. DV will not be responsible if you use another party's copyrighted material in violation of the law. Hence, if such actions do happen, we have full rights to suspend or cancel your co-branding/affiliate agreement with us. Such suspension or cancellation shall result in the forfeiture of any accumulated unpaid commission.
Authority: Nothing in this agreement will serve to grant you any authority to act on our behalf. You will remain independent of us at all times. You are an independent contractor and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between us.
Prices: The prices charged for subscriptions and contact credits sold under either our co-branding or affiliate program will be determined by DatingVentures.com only. Prices may vary from time to time.
Sites Qualification: Co-branding/Affiliate's sites may be rejected on the basis that it does not reflect DatingVentures.com's business principles. Your site application will be rejected for reasons such as if your site(s):
• Promotes violence;
• Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Promotes illegal activities;
• Violates intellectual property rights;
• Mislead others
• Operate or utilize a Web site or email link to Web sites that contain or promote any of these types of content: libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or that offer any illegal good or service, or link to a Web site(s) that do so and/or
• Engage in spamming, indiscriminate advertising or unsolicited commercial email
• Engage in cybersquatting or typosquatting
• For any other reason deemed to be reasonable by us.
We reserve the right to cancel your participation in the profit sharing program (co-branding/affiliate) at any time should your site(s) become involved in any way with the above subjects and/or, but not limited to, mass unsolicited emailings (i.e. spamming) or association with other sites whose content goes against our policies. Such cancellation shall result in the forfeiture of any accumulated unpaid commission.
Technical service interruption: DV will make every effort to keep our Web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The participant (co-brander/affiliate) agrees not to hold DV liable for any of the direct or indirect consequences of such interruptions.
Term of the Agreement: Unless ended earlier, this agreement will continue until either of us notifies the other by e-mail or written notice at the addresses provided that the agreement has ended.
The participant may receive commission fee payments on orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by DV, and shall end when canceled by either party as provided below.
Commission fees earned through the date of expiration or cancellation of this agreement will remain payable only if the subscriptions are not refunded.
Payment of the final commission fee to the participant may be withheld for a reasonable time in order to ensure that the correct amount is paid.
Agreement modification: DV reserves the right to change any of the terms and conditions in this agreement, at any time and at its sole discretion, by posting a new agreement on our Web site.
Without limiting the generality of the foregoing, commission fee schedules, and all other provisions of this agreement are subject to change without notice other than posting such information on our Web site.
Disclaimer:
DV make no warranties, representations or conditions with regard to the affiliate or co-branding program, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
Damages: DV shall have NO liability for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if DV has been advised of the possibility of such damages. Further, DV aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by DV to participant under this agreement.
Miscellaneous: This agreement may not be assigned, by operation of law or otherwise, without the prior written consent of DV. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. DV and the participant (affiliate and/or co-brander) are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.
This agreement shall be governed by the laws of the United States and the State of California without reference to its choice of law principles.
