HENTAIBOSS
- AFFILIATE PROGRAM TERMS AND CONDITIONS
This
Agreement contains the complete terms and conditions which apply to
your
participation as a member of the Hentai Boss Affiliate Program (hereinafter
called the "HentaiBoss Program" or "Affiliate Program")
a division of Kamikazee Media LLC. (the "Limited Liability Company").
As used in this Agreement, "you" or "your" means
the applicant/participating member.
THIS
IS A LEGAL AGREEMENT BETWEEN YOU AND THE AFFILIATE PROGRAM. BY SUBMITTING
AN APPLICATION FOR ENROLLMENT IN THE AFFILIATE PROGRAM YOU ARE AFFIRMATIVELY
STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET
FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS
AFFILIATE PROGRAM AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS
HEREOF. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM UNLESS YOU
HAVE ACCEPTED EACH AND EVERY TERM HEREOF.
1.
Enrollment in this Program. To begin the enrollment process, you will
submit a completed application through our website: http://www.HentaiBoss.com.
In
order to enroll and participate in the Affiliate Program, you must be
over the age of eighteen (18) years, and over the age of majority if
you reside and/or conduct business in states, provinces or countries
where the age of majority is greater than eighteen (18) years. You may
not participate in the Affiliate Program in any way if you are not of
the age of majority in the state, province or country where you reside
and/or conduct business.
We
will evaluate your application in good faith and will notify you of
your acceptance or rejection. We may reject your application if, in
our sole and unfettered discretion, we determine that your site(s) are
unsuitable for the Affiliate Program for any reason.
2.
Commissions. As a participating member in the Affiliate Program you
have the following forms of commission payout available to you:
(a)
Partnership Program (Revshare): We will pay you 50% of the net revenue
from every subscription that is billed a membership during the Pay Period
originating from your links.
(b)
PPS (Paid per sale): We will pay you 25 USD flat on every subscription that is billed a membership during the Pay Period
originating from your links. All ACH (online check) subscriptions will go under our partnership program (50% of net revenue).
3. Commission Payment. Payments due and owing to you under the Affiliate
Program will be paid to you directly by the Affiliate Program. There
are two "Pay Periods" per month, namely the 1st to the 15th
of the month and the 16th to the end of the month. Checks are sent out
one week following the end of the Pay Period, as long as your account
has accrued the minimum payout amount of $100. If the amount is less
it is carried over from Pay Period to Pay Period until you have accrued
the minimum payout amount.
Payments will be sent via regular mail to the address on file. You have
the option of being paid by wire,epassporte or direct deposit.
If the payment is due to be made on a non-business day (Sat., Sun.,
or U.S. observed holiday), the payment will be made on the next business
day. Our log files will prevail in determining amount of clicks and
sign-ups.
4.
Responsibility for Your Site. While we may review your site(s) for suitability
in the Affiliate Program, you will be solely responsible for the development,
operation and maintenance of your site(s) and for all materials that
appear on your site(s). We shall have no responsibility for the development,
operation and maintenance of your site(s) and for any materials that
appear on your site(s). You shall also be responsible for ensuring that
materials posted on your site(s) do not violate or infringe upon any
laws including, but not limited to the rights of any third party (including,
for example, copyrights, trademarks, privacy, or other personal or proprietary
rights), and ensuring that materials posted on your site(s) are not
libelous or otherwise illegal (including depictions of actual, implied
or simulated bestiality, rape, incest, child pornography, violence or
any other content deemed inappropriate or illegal). You must have express
written permission to use another party's copyrighted or otherwise proprietary
material. We will not be responsible if you use another party's copyrighted
or otherwise proprietary material in violation of the law.
5.
Forms of Promotion. As the owner/operator of a website, you may use
any form of promotion you choose, consistent with the terms of this
Agreement. You may use banner advertisements, button links and/or text
to Affiliate Program approved websites, however, you CANNOT use UCE
(Unsolicited Commercial Email or SPAM). All visitors you send to us
must come from a web page. We do not allow news group postings with
links to our web sites nor do we allow you to link to our web sites
from the body of an email message. We will be happy to work with you
if you would like to advertise our web sites in a double opt in email
list but you must contact us per email for approval. Any activity by
you or on your behalf that we determine or reasonably suspect to be
the result of an unsolicited email program will result in your immediate
termination from the Affiliate Program and your forfeiting of monies
otherwise due you hereunder. Allowable promotional links may contain
the Affiliate Program's or affiliated website's trade names, service
marks, and/or logos for display on your website(s). Subject to the terms
and conditions hereof, you are granted a limited, non-exclusive, non-transferable
license to access and download such links and other designated promotional
materials for placement on your website(s) for the sole and exclusive
purpose of promoting Affiliate Program approved websites. In utilizing
the links, you agree that you will cooperate fully with us in order
to establish and maintain such link or links. A link may only be visually
modified with our consent.
We
maintain a zero tolerance policy towards anything related to child pornography.
Child pornography is immoral and illegal and if we ascertain that you
have violated the Company's zero tolerance policy against child pornography,
your membership in the Affiliate Program will be terminated and your
site(s) will be removed from the Affiliate Program without warning and
we will report you to the authorities. You further agree that you will
forfeit all monies otherwise due you.
In
addition to the foregoing, we may immediately terminate your participation
in the Affiliate Program if we believe you have engaged in any of the
following:
a)
Any form of spamming including, but not limited to unsolicited email,
IRC postings, newsgroups, and/or instant messaging clients;
b) Publishing, transferring, reassigning, disclosing, distributing,
or permitting any other person to use your Affiliate Program account;
c) Providing inaccurate or incomplete information to the Affiliate Program
concerning your identity, bank account, address or other required information;
d) Attempts to cheat, defraud or mislead us or the public in any way;
e) Misrepresenting to the public, or anyone concerned, the terms and
conditions of the Affiliate Program approved websites or your site(s);
f) Promotion of Affiliate Program websites on password sites, MP3 sites
or warez sites;
g) Owning or operating a website in connection with a person who is
under eighteen (18) years of age; and under the age of majority in states,
provinces or countries where the age of majority is greater than eighteen
(18) years;
h) Inclusion of illegal or unauthorized content on your site(s); and
i) Operating from a country where such a site violates the law or from
which the Affiliate Program will not accept accounts including, but
not limited to: Afghanistan, Albania, Armenia, Azerbaijan, Belarus,
Brazil, Bulgaria, China, Costa Rica, Croatia, Cuba, Czech Republic,
Estonia, Georgia, Hungary, India, Indonesia, Iran, Iraq, Israel, Japan,
Jordan, Kaliningrad, Kazakhstan, Kuwait, Kyrgyzstan, Latvia, Lebanon,
Lithuania, Malaysia, Moldova, North Korea, Oman, Pakistan, Qatar, Philippines,
Romania, Russia, Saudi Arabia, Singapore, Slovakia, Slovenia, South
Korea, Sudan, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan,
Ukraine, United Arab Emirates, Uzbekistan, Yemen, and Yugoslavia, Barbados,
Anguilla, Antigua and Barbuda (sometimes just called Antigua) , Montserrat
,St Kitts and Nevis (sometimes just called St. Kitts), Dominica, St
Vincent and The Grenadines, St. Lucia, Grenada, Trinidad and Tobago,
Turks and Caicos Islands, Jamaica, Guyana, Belize, Haiti, Bahamas
j) Obtrusive use of pop-up windows or other forms of extreme browser
manipulation while advertising website(s) in the Affiliate Program are
subject to review and possible termination from the program. If you
are unsure of any practices used on your website please email support@HentaiBoss.com
for approval.
k) Altering by electronic, mechanical or automated means or other technologies,
currently available or which may become available in the future, the
Hentai Boss webmaster advertiser code or Hentai Boss website addresses
belonging to or identified with accounts other than your own, or causing
the modification or substitution of Hentai Boss webmaster affiliate
code or Hentai Boss site URLs belonging to or identified with accounts
other than your own that may reside within or originate from an original
or third party system in the form of bookmarks, cached pages, cookies
or other stored forms that may be passed to the Hentai Boss system by
utilizing said original or third party system.
UNSOLICITED
EMAIL
Unsolicited
email may be illegal or subject to law in various jurisdictions. You
must comply with all applicable laws.
As
you are likely aware, the United States recently enacted the CAN-SPAM
Act and the FTC (Federal Trade Commission) has issued its final Rule
to prescribe what must be included in all commercial electronic mail
that contains sexually oriented materials.
This Rule is scheduled to become effective May 19, 2004.
All
individuals mailing sexually explicit materials must comply:
1.
The exact phrase "SEXUALLY-EXPLICIT:" must be contained in
capital letters as the first 19 characters at the beginning of the subject
line. This phrase in the subject line must be in ASCII format.
2.
The exact phrase "SEXUALLY-EXPLICIT:" must be in capital letters
as the first 19 characters in the "brown paper wrapper" area
of the email message. The Brown Paper Wrapper refers to the opening
portion of the e-mail that is immediately visible
to the recipient, without the need to scroll down or taking any other
affirmative steps to view the message. However, sexually explicit material
may be displayed beneath the "brown paper wrapper" area of
the email message or accessed by clicking on a link.
3.
The Rule also requires the mandatory disclosure of the sender's "valid
physical postal address" to be "clear and conspicuous,"
like the other required disclosures.
4.
In addition, the "brown paper wrapper" area must indicate
that the message itself is an advertisement or solicitation, and contain
an e-mail address that the recipient can reply to declining any further
commercial e-mail messages from the sender.
5.
As CAN SPAM covers both visual images as well as the written word, the
subject line must not contain text with written descriptions of Sexually
Explicit Conduct. Also the "brown paper wrapper" area of the
email message must not contain Materials with Sexually Explicit Conduct.
Sexually Explicit Conduct means actual or simulated sexual intercourse
[including genital-genital, oral-genital, anal-genital, or oral-anal,
whether heterosexual or homosexual]; bestiality; masturbation; sadistic
or masochistic abuse; or lascivious exhibition of the genitals or pubic
area of a human being.
If
you have any questions, please contact your sales representative.
6. Term of the Agreement. The term of this Agreement will begin upon
our written acceptance by email of your application and will end immediately
when terminated by either party in writing (by email). 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 waive any right to
receive any payments due and unpaid to you, even for commissions earned
prior to the date of termination. If this Agreement is terminated for
any other reason, you are only eligible to payments on sales occurring
during the term of the Agreement, and commissions earned through the
date of termination will remain payable only if the related subscriptions
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.
7.
Modification. We may modify any of the terms and conditions contained
in this Agreement, at any time and in our sole discretion. Notice of
any change by email, to your address in our records, or notice posted
on our site, is considered sufficient notice to you of a change to the
terms and conditions of this Agreement. Modifications may include, but
are not limited to, changes in the scope of available commission fees,
commission schedules, payment procedures, and Affiliate Program rules.
All such modifications shall take effect 48 hours after we serve notice
as provided above, unless we indicate otherwise. If any modification
is unacceptable to you, your only recourse is to terminate this Agreement.
Your continued participation in the Affiliate Program, following our
posting of modifications or a new agreement on our site, will constitute
your binding acceptance of the change in terms and conditions.
8
Relationship of Parties. You and Affiliate Program 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 have no authority to make or accept any offers
or representations on our behalf. You will not make any statement, whether
on your site(s) or otherwise, that reasonably would contradict anything
in this Section. You are not an agent of the Affiliate Program and the
Affiliate Program expressly disclaims responsibility for any conduct
by you in violation of the terms of this Agreement.
9.
Limitation of Liability. We 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 Affiliate Program,
even if we have been advised of the possibility of such damages. Further,
our aggregate liability arising with respect to this Agreement and the
Affiliate Program will not exceed the total commissions paid or payable
to you under this Agreement.
10.
Representations and Warranties. You hereby represent and warrant to
us that this Agreement has been duly and validly executed and delivered
by you and constitutes your legal, valid and binding obligation, enforceable
against you in accordance with its terms. You further represent and
warrant that the execution, delivery and performance by you of this
Agreement are within your legal capacity and power, have been duly authorized
by all requisite action on your part, require the approval or consent
of no other persons, and neither violate nor constitute a default under
(i) the provision of any law, rule, regulation, order, judgment or decree
to which you are subject or which is binding upon you, or (ii) the terms
of any other agreement, document or instrument applicable to you or
binding upon you.
By
joining the Affiliate Program you agree not to violate the laws of your
country and the laws of the United States and Canada. Should any law
enforcement agency, internet service provider or other person or entity
provide the Affiliate Program with notice that you have engaged in transmission
of unsolicited emails or have engaged in otherwise unlawful conduct
or conduct in violation of internet service provider's terms of service,
we reserve the right to immediately cancel your participation in the
Affiliate Program and to cooperate in any investigation relating to
your activities including disclosure of your account information.
11.
Confidentiality. We may disclose to you certain information as a result
of your participation in the Affiliate Program which we consider to
be confidential (herein referred to as "Confidential Information").
For purpose of this Agreement, the term "Confidential Information"
shall include, but not be limited to:
a)
any modifications to the terms and provisions of this Agreement made
specifically for you or your site(s) and not generally available to
other members of the Affiliate Program,
b)
website, business, and financial information relating to the Affiliate
Program, and
c)
customer and vendor lists relating to the Affiliate Program and any
members of the Affiliate Program other than you.
Confidential
Information shall also include any information that we designate as
confidential during the term of this Agreement. You agree not to disclose
any Confidential Information and that such Confidential Information
shall remain secret and shall not be utilized, directly or indirectly,
by you for your own business purposes or for any other purpose, except
to the extent that any such information is generally known or available
to the public or if disclosure is required by law or legal process.
12.
Indemnification. You hereby agree to indemnify, defend and hold harmless
the Company, its shareholders, officers, directors, employees, agents,
affiliates, successors and assigns, from and against any and all claims,
losses, liabilities, damages or expense (including attorneys' fees and
costs) of any nature whatsoever incurred or suffered by us (collectively
the "losses"), insofar as the losses (or actions in respect
thereof) arise out of or are based on
a)
any claim or threatened claim that our use of your trademark(s) infringes
on the rights of any third party;
b)
the breach of any promise, covenant, representation or warranty made
by
you herein; or
c)
or any claim related to your site(s).
13.
Disclaimers. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS
WITH RESPECT TO THE AFFILIATE PROGRAM, ANY COMPANY SERVICES, OR ITEMS
SOLD THROUGH THE AFFILIATE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING,
OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION
OF OUR SITE(S) WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT
BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
IN
ADDITION, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY
INFORMATION DELIVERED HEREUNDER, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM PATENT, TRADEMARK OR
COPYRIGHT INFRINGEMENTS, WHETHER ARISING BY LAW, CUSTOM OR CONDUCT,
OR AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION AND WE SHALL
NOT HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON RESULTING FROM
YOUR USE OR SUCH THIRD PERSON'S USE OF THE INFORMATION.
14.
Miscellaneous. Terminated accounts, except as expressly provided in
Section 16 herein, cannot later apply to the Affiliate Program without
our express written consent. This Agreement will be governed by the
laws of the state of Nevada without giving effect to any principles
of conflict of laws as if all parties were residents of such jurisdiction.
The sole and exclusive venue for any action arising under this Agreement
will be the provincial and federal courts sitting in Las Vegas, Nevada
and you hereby submit to the jurisdiction and venue of such courts.
You may not assign this Agreement, by operation of law or otherwise,
without our prior written consent. Subject to that restriction, this
Agreement shall be binding on, inure to the benefit of, and shall be
enforceable against the parties and their respective successors and
assigns. Our failure to enforce your strict performance of any provision
of this Agreement will not constitute a waiver of our right to subsequently
enforce such provision or any other provision of this Agreement. In
respect of issues of privacy of users and the use of user information,
the parties agree to comply with the relevant laws of the jurisdictions
governing the individual users, and the respective parties hereto. The
parties hereby waive any constitutional, statutory or common law right
to trial by Jury.
15.
Single Application. We only allow two applications per 24-hour period.
If your application was rejected because you submitted erroneous information,
please resubmit an application with correct information the following
day.
16.
Forms of Promotion. As the owner/operator of a website, you may use
any form of promotion you choose, consistent with the terms of this
Agreement. You may use banner advertisements, button links and/or text
to Affiliate Program approved websites, however, you CANNOT use UCE
(Unsolicited Commercial Email or SPAM). Any activity by you or on your
behalf that we determine or reasonably suspect to be the result of an
unsolicited email program will result in your immediate termination
from the Affiliate Program and your forfeiting of monies otherwise due
you hereunder. Allowable promotional links may contain the Affiliate
Program's or affiliated website's trade names, service marks, and/or
logos for display on your website(s). Subject to the terms and conditions
hereof, you are granted a limited, non-exclusive, non-transferable license
to access and download such links and other designated promotional materials
for placement on your website(s) for the sole and exclusive purpose
of promoting Affiliate Program approved websites. In utilizing the links,
you agree that you will cooperate fully with us in order to establish
and maintain such link or links. A link may only be visually modified
with our consent.
17.
Insufficient Activity. If, as a participating member, you fail to send
sufficient traffic (i.e., unique visitors) to the Affiliate Program
for any consecutive sixty (60) day period, we reserve the right to terminate
your membership in the Affiliate Program. If your membership is terminated
for this reason, you may apply for a new account.
18.
Supervening Events. Neither party shall be liable for delay or failure
in performance resulting from acts beyond the control of that party
or those or whom it is responsible in law, including but not limited
to acts of God, acts of war, riot, fire, flood, or other disaster, acts
of government, strike, lock-out, communication line or power failures,
failure, inoperability or destruction of the Site or its components
unless by reason of the negligence of a party to this Agreement, its
employees, agents, contractors, subcontractors, or others for whom it
is responsible in law.
19.
Survival. Notwithstanding the date of termination of this Agreement,
unfulfilled obligations of a party shall continue until fulfilled, or
until waived by the other party. All confidentiality obligations shall
survive the termination of this Agreement.
20.
Entire Agreement. This Agreement constitutes the complete and entire
expression of the Agreement between the parties with respect to the
subject matter hereof, and shall supersede any and all other Agreements,
whether written or oral, between the parties and all waivers hereunder
must be in writing and may be amended only by a written Agreement executed
by an authorized representative of each party.
You
may terminate your account at anytime by advising us by email at:
Support@HentaiBoss.com
We
reserve the right to terminate any agreement at our sole discretion.
Any questions regarding this agreement should be directed to:
Support@HentaiBoss.com
<
main
