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Terms of Agreement
This Agreement contains the complete terms and conditions that apply to an
individual's and/or entity's participation in the DVDMonthly.com webmaster
Program.
Enrolment in the Program
The applicant agrees that all information in the application is true and
accurate and understands and accepts that any false information will result
in the termination of the application. If the application is declined for
any reason the applicant will be notified by email within two working days
of the application being declined. If the application is terminated after it
has been accepted the applicant will automatically and immediately forfeit
all commissions earned that have yet to be paid to you from the time of
termination. This is because the commissions will have been earned under
false pretences and are, therefore, invalid.
Linking To Our Site
The applicant must use the link provided by DVDMonthly.com no substitutions
or alterations are permitted without prior written consent. You are
responsible for ensuring that the link is correct and error free.
Unsolicited Email
Affiliates must not on any account advertise DVDMonthly.com via unsolicited
e mail, this is not allowed under our terms and conditions and will result
in the termination of the applicants participation in the affiliate program.
Rental Processing
DVDMonthly.com will process all rentals to the customers who follow program
specified direct links from your site to our site. We will be responsible
for all aspects of order processing and fulfilment. DVDMonthly.com will
process payments, cancellations, and refunds, and take care of all aspects
of customer service.
Commissions
All affiliates are paid monthly, provided they meet the sales threshold of
£30.00 GBP, any less than this will be rolled over to the next month. When
you create an account we will provide you with a unique user name and
password which gives you access to all statistics such as revenue generated
and hits.
Commission Payment
DVDMonthly.com pays out every month providing that the commission meets our
minimum payment criteria. Approximately 30 days following the end of each
month we will pay commission earned on rental subscriptions that were sold
during the previous month via Paypal or CFT, not including any charge backs
made by the customers prior to the end of the period. You are solely
responsible for the payment of any taxes acquired on commissions that are
paid to you.
Policies and Pricing
Any customers who rents adult DVDs via this website will be considered to be
customers of DVDMonthly.com. As such our rules, policies, and operating
procedures concerning customer service, and rental processing will apply to
those customers. We may change our policies and operating procedures at any
time.
Limited License
DVDMonthly.com will grant you a non-exclusive, fully revocable right to use
the DVDMonthly.com name as we (at out discretion) grant express permission,
solely for the purpose of identifying your site as a program participant and
to assist in generating new members. You may not modify the link, the
product description, or any of our images in any way. We reserve all of our
rights to the link, the product description, any other images, our trade
names and trademarks, and all other intellectual property rights..
Responsibility for Your Site
All applicants will be solely responsible for the content of their site and
for all materials that appear on that site. You will be specifically and
solely responsible for, but not limited to, the following: The accuracy and
appropriateness of descriptions posted on your site, ensuring that materials
posted on your site do not violate or infringe upon the rights of any third
party (including, but not limited to, copyrights, trademarks, privacy
rights, or other personal or proprietary rights), and ensuring that
materials posted on your site are not libellous or otherwise illegal. Sites
will be rejected if they promote: under age sex, violence, illegal
activities or discrimination based on sex, race, religion, nationality,
disability, sexual orientation or age. We disclaim all liability for these
matters. Further, you will indemnity and hold us harmless from all claims,
damages, and expenses (including, but not limited to, attorneys' fees)
relating to the development, operation, maintenance, and contents of your
site.
Period of Agreement
The terms of this agreement will begin upon our acceptance of your 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 generated by email. You are only
eligible to earn referral fees on sales of Qualifying Products occurring
during the term, and fees earned through the date of termination will remain
payable only if the related orders are not cancelled or returned. We may
withhold your final payment for a reasonable time (as determined by us) to
ensure that the correct amount is paid.
Modification of Agreement
DVDMonthly.com may modify any of the terms and conditions contained in this
Agreement, at any time and at our sole discretion, by posting a notice of
change(s) or a new agreement on our site. IF YOU FIND ANY PORTION OF THIS
AGREEMENT TO BE UNACCEPTABLE TO YOU AT ANY TIME, YOUR ONLY RECOURSE IS TO
TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM
FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL
BE CONSIDERED TO BE BINDING ACCEPTANCE OF THE CHANGE. YOU WILL BE EXPECTED
AND REQUIRED TO ABIDE BY ALL TERMS AND CONDITIONS AS THEY ARE WRITTEN AND
APPEAR AT THAT TIME.
Relationship of Parties
The affiliate and DVDMonthly.com 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 as we will have no authority to make or accept
any offers or representations on your behalf. You will not make any
statement, whether on your site or otherwise, that would be contradictory to
anything in this section in any way, shape or form.
Limitation of Liability
DVDMonthly.com will not be liable for indirect, special, or consequential
damages (or any loss of revenue, profits, or data) arising in connection
with this agreement or the Program. This will remain true regardless of if
we have been advised of the possibility of such damages. If you feel any
damages may occur as a result of this agreement of the Program, it is your
responsibility to either terminate the agreement or not enter into it.
Further, our aggregate liability arising with respect to this agreement and
the Program will not exceed the total referral fees paid or payable to you
under this agreement in accordance with the terms and conditions previously
outlined for payment of referral fees.
Disclaimers
DVDMonthly.com make no express or implied warranties or representations with
respect to the Program or any product sold through the Program (including,
but not limited to, warranties of fitness, merchantability,
non-infringement, or any implied warranties arising out of a course of
performance, dealing, or license 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 in any way shape or form. We will make every effort
to inform you in advance of any known and planned interruptions of our site
operations. However, these cannot and will not be guaranteed by us; they
will be issued as a courtesy to you to allow you to take the appropriate
steps to avoid any problems. Sales that were attempted but failed during
periods of interruption (announced or otherwise) will not be compensated for
by us.
Applicable Law
Your participation of the Webmaster Program is governed by this agreement
and construed and enforced in accordance with the laws of The Netherlands.
Disputes arising from your use of this site are subject to the non-exclusive
jurisdiction of the Dutch courts. |
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