This Agreement contains the complete terms and conditions which apply to your participation as a webmaster promoting the MadeInPorn Adult Webmaster Affiliate Program. The parties to this agreement hereinafter are MadeInPorn.com ("COMPANY", "we", "our", or "us") and you the Affiliate ("Webmaster", "Participant", "you", "yours").
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1. Participation in the MadeInPorn program.
To participate in the MadeInPorn program, you will submit an application through our signup form located on our website http://www.madeinporn.com. We may reject your application in our sole discretion, if we determine that your site(s) are unsuitable for our program for any reason.
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2. Term of the Agreements.
The term of this Agreement will begin upon submitting application form located on our website http://www.madeinporn.com 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 email, to your email address in 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 will not receive any payments, even for commissions earned prior to 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.
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3. Forms of promotion.
As the owner/operator of an affiliate website, you may use any form of promotion you choose, compatible with the terms of this Agreement: banners, button links, text links, consoles, but you're not allowed to do any mass-mailing unless it is an opt-in e-mail list.
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4. Restrictions.
We will immediately terminate your participation in the MadeInPorn affiliate program should you promote our program in any of the following ways:
- Spamming of any sort, meaning they are not opt- in emails; IRC/ICQ/AOL/MSN mass-messaging, and/or newsgroups;
- Your website contains child pornography;
- Your website contains rape;
- Your website contains violence;
- Your website contains illegal activities;
- Your website violates intellectual property rights;
- Attempts to cheat, defraud or mislead us in any way;
- For any other reason deemed to be reasonable by us.
MadeInPorn reserves the right to cancel your participation in the affiliate program at any time should your site(s) become involved in any way with the above subjects and/or, but not limited to, mass unsolicited mailings (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.
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5. Promotion materials.
MadeInPorn.com grants you a license to promote our program using any of the promotional material found in our webmaster area. You are not allowed to use this material for promotion of other sites/products.
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6. Commission structure.
As a participating webmaster in the MadeInPorn program we will pay you up to 60% of all revenue generated by the traffic you send to MadeInPorn websites. You need to get at least 10 signups in a period to get 60% or else you will be paid at the standard 50% rate. Commission rates can be changed where notices will be made on the MadeInPorn website and/or sent by e-mail... There is no way for us to pay for a visitor whose payment cannot be tracked due to their browser settings.
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7. Commission Payment.
Payment will be made twice a month, on the eight (8th) and twenty-third (23rd) for the pay periods from the first (1st) to fifteenth (15th) and from the sixteenth (16th) to thirtieth (30th/31st) accordingly. Minimum payment is one hundred (100) US dollars. Minimum payment can be changed inside the webmaster area. Please remember that payments are made according to our Affiliate Report. All personal member information is kept in the strictest confidence and will not be included in the Affiliate Report. All payments are made in U.S. funds.
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8. Tracking of Subscription Fees.
MadeInPorn will be solely responsible for tracking subscription sales. Statements of subscription sales activity will be provided to you. All personal member information is kept in the strictest confidence and will not be included in the Affiliate Report.
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9. Modification.
We reserve the right to change any part of this agreement at any time and in our sole discretion. Notices of any change will be made on this website and/or sent by e-mail which is considered sufficient notice to you of a change to the terms and conditions of this Agreement.
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10. 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 you and MadeInPorn.You are not an agent of the COMPANY and COMPANY expressly disclaims responsibility for any conduct by you in violation of the terms of this Agreement.
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11. Limitation of Liability.
MadeInPorn will make every effort to keep its websites operational at all times. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The participant agrees not to hold MadeInPorn liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program.
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12. Should any law enforcement agency, any internet service provider or other person or entity provide MadeInPorn with notice that you have engaged in transmission of unsolicited emails or have engaged in otherwise unlawful conduct or conduct in violation of any 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.
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13. Disclaimers.
MadeInPorn makes no warranties, representations or conditions with regard to the 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. We make no representation that the sites operated under this program will be error-free or uninterrupted, and will not be held responsible for any errors or interruptions.
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14. Miscellaneous.
This agreement may not be assigned, by operation of law or otherwise, without the prior written consent of MadeInPorn . 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. MadeInPorn and the participant 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.
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| THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. BY PARTICIPATING IN OUR PROGRAM YOU AGREE TO HAVE AN UNDERSTANDING OF THESE TERMS AND CONDITIONS SET FORTH HEREIN. YOU CAN NOT PARTICIPATE IN OUR PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF. |
