|
The Ashley Madison® Affiliate Program Operating Agreement
The following represents the entire agreement for participation in the Ashley Madison® Affiliate Program should you be accepted. The parties to this agreement are The Ashley Madison Agency, Limited. ("we" "us" "our") and you the affiliate ("you" "yours").
To Join
To join our program, we require that you complete an application to be submitted through our website. Your application will be promptly evaluated and you will be notified whether or not you have been accepted by receipt of an email confirmation. Your application may be rejected on the basis that it does not reflect our "Business Principles". For example, your application will be rejected for the following reason(s):
- Your website promotes violence; and / or,
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; and / or,
- Promotes illegal activities; and /or
- Violates intellectual property rights; and /or
- Has unacceptably explicit sexual content; and /or
- Engages in "spamming" or unsolicited email practices; or
- For any other reason deemed to be reasonable by us.
If you are accepted, we reserve the right to cancel your membership in the affiliate program at any time should your site(s) become involved in any way with the above subjects or if your choice of logo for use on the affiliate site is in our sole opinion improper. Such cancellation shall result in the forfeiture of any accumulated unpaid Commission.
If You Are Accepted:
Purpose
The purpose of this agreement is a commercial transaction whereby you refer members to our site in return for Commission to be paid for all ensuing transactions.
Commission Structure
Commission is based on the revenue generated on the first purchase of any new paid member(s) referred to us by you, calculated and reflected daily in your affiliate account with Ashley Madison. Settlements by PayPal are completed on or about the 1st and 15th of every month, or the next business day if the payment date falls on a weekend or Holiday and paid 2 weeks behind.
Affiliates that request payment by cheque are paid once monthly on or about the 15th of the month for the previous calendar month.
New paid members are subject to our Terms of Use and are considered to be our customers.
We will advise you at the time of acceptance of your commission. We reserve the right to modify the Commission Structure at any time and for any reason, by posting the changes on this site. All affiliates will also receive an email advising them of any changes to the offer in advance of any changes becoming effective. Your continued participation will be considered as acceptance of these changes. If at any time you disagree with or do not wish to abide by this agreement, your only recourse is to end your participation in the program.
Payments
Payments, if any, will be made via these terms and conditions. Payments may be less any taxes required to be withheld under applicable law. Please remember that payments are made according to our Affiliate Report, which numbers are final and may not be unreasonably disputed. Ashley Madison reserves the right to refuse payment in cases of fraudulent activity or where Affiliate sites have violated our Business Principles, as stated above. All personal member information is kept in the strictest confidence and will not be included in the Affiliate Report.
You must reach a minimum $200 in at least one currency to request a payment from your affiliate account.
Copyright
Our copyrighted information - this agreement gives you a limited, non-exclusive, revocable license to place our logo on your site for as long as you abide by this agreement. This license will automatically be revoked if you are in non-compliance with this agreement or if you deviate in any way from or modify our Trademarks without our prior written consent. You may not use the Ashley Madison name in any manner that serves to redirect traffic from us to you. You may not copy any of the content on Ashley Madison.com ® for your site(s) or otherwise without our prior written consent. This prohibition extends to any price list or service description.
Your copyrighted information - you are solely responsible for ensuring that your logo on the associate site and any content on the sponsoring site do not infringe on any third party copyright, trademark rights or other laws. We will not take any responsibility for your actions or inaction as they pertain to your content or logo.
Authority
No part of 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.
Conduct
We reserve the right to end our association with you for reasons such as, but not limited to, mass unsolicited emailings or association with content of other sites whose content goes against our policies.
Technical Difficulties
Although we make reasonable efforts not to have any interruptions to our website, such incidents do happen. Therefore, you agree not to hold us liable for any consequences as a result of such interruptions.
Term
Unless ended earlier, this agreement will continue until either of us notifies the other by email at the addresses provided that the agreement has ended. Commission earned and payable through to the date on which this agreement is ended, except in the case where this agreement is terminated by us for breach of terms by you in which case any accumulated monies due will be forfeited, will be paid in the normal course within three months of the agreement's end. We reserve the right to modify this agreement, at any time, at our sole discretion, by posting a new agreement on this site. We are not required to notify you of any changes to this agreement other than posting the changes on this site therefore we suggest you check this site regularly for the most up to date terms. Your continued link to us will be considered as acceptance of these changes.
Disclaimer
We make no warranties, representations or conditions with regard to the Affiliate 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
We are not liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising by or from this agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising out of or with respect to this agreement or the Affiliate Program shall in no event exceed the total Commissions actually paid by us to you under this agreement.
Miscellaneous
This agreement may not be assigned, by operation of law or otherwise, without our prior written consent. 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. "Month" or "Monthly" shall refer to a full calendar month. "Dollar" or "$" shall refer to Canadian dollars for revenue generated in Canada and American dollars for revenue generated in the United States. This agreement shall be governed by the laws of Canada and the Province of Ontario, irrespective of any conflict of laws.
|