Affiliate Dating Program - Terms and Conditions
This Agreement describes the entire terms and conditions for participation in the www.FirstClickFriend.com Affiliates Dating Program. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT PROCEED TO REGISTER.
In this agreement, the term "Affiliate" refers to you (the applicant), and "sponsoring Web site" refers to the Web site from which you will link to www.FirstClickFriend.com. Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refer to www.FirstClickFriend.com.
I. You guarantee that:
- You are 18 years of age or over the age of majority in your jurisdiction and will submit proof of your age if requested.
- You are entering this Independent Reseller Agreement as an Independent Contractor.
- You are solely responsible for selecting and providing any and all content, material, products, and/or services for your marketing efforts to promote www.FirstClickFriend.com.
- You confirm that the sites available under this Agreement are hosted by a hosting service that permits the publication of adult content of a sexual nature if you decide to promote FirstClickFriend.com.
- The content, images, design, URL/Domain, text and domains on your promotion pages do not infringe on the rights of others including, but not limited to, copyrights, patents, trademarks, domain names and any other intellectual property rights of others.
- You are not publishing any child pornography material or are related to any activity concerning the exploitation of minors.
- You are not using, supplying, publishing or transferring, in any way, programs, files, data, viruses, worms, e-mail acquisition programs, "Trojan" viruses or any other monitoring or destruction program on the pages you use to promote www.FirstClickFriend.com or directly to www.FirstClickFriend.com members.
II. You Agree to following rules and conditions:
1. FirstClickFriend Commission Rates
Pay per click program
The commission ratio is based on:
number of paid signups/number of unique visitors on the join page.
2. Fee Payment
You will be paid Weekly, Bi-weekly or Monthly when your www.firstclickfriend.com account reaches a minimum of $50. If your earnings are less than $50, the amount will be carried over to the next period. You are free to choose payment method which is most suitable for you during registration. Available payment methods are: by check, via Epassporte or Funds2Go payment systems and via wire transfer.
3. Refunds, Chargeback
If a subscription is later refunded to the customer or charged back by the customer, the referral fee will be deducted from the next payment sent to the Affiliate. If there is no next payment, the Affiliate will be billed. A breakdown of the transaction is found within webmaster's area.
4. Subscription Payment Processing
FirstClickFriend will be solely responsible for processing every subscription order placed by a customer on the Affiliates Pages. Payment processing, renewal payment processing, cancellations and refund processing, and related customer service are the responsibility of FirstClickFriend.
FirstClickFriend reserves the right to reject any subscription order that does not comply with our rules, operating procedures and policies.
5. Using our Links
As an affiliate site, you have access to banner advertisements, button links, text links and several other promotional tools such as newsletter and articles to our site. These promotional tools carry our name orthat of our partners so the use of each has to obide by this agreement. As an Affiliate Sites, you shall display Links throughout your site as you see fit. Each Link connecting users of your site to our site may not alter the look, feel or functionality of our site. We may monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement. We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. However, we reserve the right to approve and to prohibit all Links.
6. Tracking of Subscription Sales
FirstClickFriend will be solely responsible for tracking subscription sales. Statements of subscription sales activity will be provided to the Affiliate. To protect FirstClickFriend's customer privacy, the names or other personal information about specific customers will never be provided to the Affiliate.
If a customer joins our database from your affiliate site but then the same customer purchases a subscription from another affiliate site, the subscription will be processed from the last affiliate and payment sent completely to the last affiliate.
7. Prices and availability
The price charged for subscriptions sold under this program will be determined by FirstClickFriend according to our own pricing policies. Prices may vary from time to time. FirstClickFriend policies will always determine the price paid by the customer.
8. Sites that Do Not Qualify for the Affiliates Program include:
- Sites that promote violence.
- Sites that promote discrimination based on race, sex, religion, national origin, physical disability, sexual orientation or age.
- Sites that promote illegal activities.
9. Restrictions on personal use
This program is intended for commercial use only, that is paying referral fees for subscriptions sold to third parties coming from a link from your sponsoring Web site to the Affiliate Pages.
10. Web Site service interruption:
FirstClickFriend will make every effort to keep its Web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Affiliate agrees not to hold FirstClickFriend liable for any of the consequences of such interruptions.
11. Term of the Agreement
The Affiliate may receive payments on orders that are placed during the term of this agreement. This term will begin on the date of signup, and shall end when canceled by either party as provided below.
12. E-mail advertisement
E-mail campaigns are only permitted with our written approval. All mailing lists have to be double op-ed in lists. All mailings should be approved by us prior to the mailing and every e-mails has to have enough explanation on how to op-ed out of the mailing.
13. The agreement may be modified
FirstClickFriend reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our Web site.
Without limiting the generality of the foregoing, referral fee schedules and all other provisions of this agreement are subject to change without notice other than posting such information on our Web site.
14. Cancellation of this agreement
Either www.FirstClickFriend.com or the Affiliate, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.
15. Warranty Disclaimer
www.FirstClickFriend.com makes no warranties, representations or conditions in regards to the program or, as expressly set forth in www.FirstClickFriend.com current sales policies, any subscriptions sold there under, 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.
16. Limitation of Damages
www.FirstClickFriend.com shall have no liability for any 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 www.FirstClickFriend.com has been advised of the possibility of such damages. Further, FirstClickFriend's 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 www.FirstClickFriend.com to Affiliate under this agreement.
17. Miscellaneous
Affiliate and www.FirstClickFriend.com 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. Affiliate shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of www.FirstClickFriend.com. 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.
III. Spam policy
According to our Anti-Spam Policy, any affiliate found cheating or spamming through email or newsgroups will be banned from the program immediately and his payment seized. Only one registration is allowed per IP address, any duplicate registration will lead to an immediate payment cancellation.
At www.FirstClickFriend.com we take pride in our reputation and we work hard to maintain a respectable reputation thus Spamming and other illegal advertising are not tolerated and we reserve the right to block any account that does not respect these regulations.
www.FirstClickFriend.com has ZERO TOLERENCE FOR SPAM.
IV. Fraud Policy:
As an affiliate you will not be entitled to a Commission from us for any subscription, that we determine or reasonably suspect is the result of fraudulent activity. We reserve the right to block any payment or account that we feel not authentic. We have the right, in its sole and exclusive discretion, at any time to expand or modify what constitutes possible fraudulent activity. Without limiting the foregoing, possible fraudulent activity shall include:
- Any attempt to put through a credit card with a bin number that is listed in a negative bin number database;
- Where there have been sequential or multiple attempts to register or subscribe from a credit card using the same bin number and sequential or multiple number strings to complete the credit card number Where numerous transaction have been processed through the same IP.
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