This
Agreement contains the complete terms and conditions
that apply to your participation as a member of the
"Sweet Money" Program (the "Program")
operated by Sweet Productions, Inc. ("SEG").
As used in this Agreement, "we", "us"
and "our" means SEG; "you" or "your"
means the applicant/participating member.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SEG.
BY SIGNING UP TO THIS AFFILIATE PROGRAM YOU ARE AFFIRMATIVELY
STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS
SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING
YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT
AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.
1. Enrollment in this Program
To begin the enrollment process, you will submit a
completed Program Application through our website
www.sweetmoney.com . We will evaluate your application
in good faith and will notify you of your acceptance
or rejection. We may reject your application if we
determine that your site is unsuitable for the Program
for any reason, including, but not limited to, if
your site incorporates images or content that is unlawful,
defamatory, obscene, harassing or otherwise objectionable,
such as sites that facilitate illegal activity or
promote violence or promote or assist others in promoting
copyright infringement (collectively, "Content
Restrictions"). We reserve the right to allow
or deny enrollment to the Program in Our sole discretion,
at any time. The following is a list of countries
that may be automatically denied enrollment or have
accounts terminated without notice, this list may
be modified by us at any time: 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, Korea, Kuwait,
Kyrgyzstan, Latvia, Lebanon, Lithuania, Malaysia,
Moldova, North Korea, Oman, Pakistan, Qatar, Philippines,
Romania, Russia, Saudi Arabia, Singapore, Slovakia,
Slovenia, Sudan, Syria, Taiwan, Tajikistan, Thailand,
Turkey, Turkmenistan, Ukraine, United Arab Emirates,
Uzbekistan, Yemen, and Yugoslavia
2. Utilizing Our Links on Your Site
As an affiliate website of SEG ("Affiliate Site"),
we will make available to you banner advertisements,
button links and/or text links to our site (the "Links"),
created by SEG containing SEG's trade names, service
marks, an/or logos for display on your Affiliate Site.
Subject to the terms and conditions herein, 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 Affiliate Site for the sole and exclusive purpose
of promoting websites owned, operated or controlled
by SEG. 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
modified with our consent.
3. Commissions
For each user You direct to a website in the Program
who becomes a subscriber or makes a purchase, and
who has been tracked and verified by Company as a
Referral (see below) to one of the Program websites
from Your website, You will receive a Commission as
set forth in the payout details.
3.1. A Referral from Your website which entitles You
to a Commission shall be defined herein as follows:
(a) An Internet User (hereinafter “User”
or “Visitor”) who has been directed by
You to one or more of the Program websites through
the use of a hyperlink banner ad residing on Your
website or some other form of promotional link that
automatically connects the user to one or more of
the Program websites; and,
(b) A User who, after having been directed to one
or more of the Program websites through the use of
a hyperlink banner ad residing on Your website or
other form of promotional link, has been converted
into a subscriber to one or more of the Program websites;
and/or,
(c) A User who, after having been directed to one
or more of the Program websites through the use of
a hyperlink banner ad residing on Your website or
other form of promotional link, purchases goods or
services from us.
3.2 You acknowledge and agree You shall not be entitled
to a Commission for any subscriber who You referred
to one or more of the Program website(s) in violation
of the terms of this Agreement. All Commissions due
and payable hereunder shall be payable in United States
Dollars and shall survive termination of this Agreement.
4. Commission Payment
CURRENTLY WE OFFER TWO PROGRAMS. NEW PROGRAMS WILL
BE OFFERED AS THEY ARE DEVELOPED.
(a) Per Sign-up. We will pay you a commission equal
to $30.00 per credit card sign-up coming from Your
Links. We will also pay $15.00 per non rebilling web900
signup coming from your links.
(b) Revshare. We will pay you 60% of all signup revenue
and recurring revenue coming from Your Links.
4.1 Payouts: Commission rates are subject to change
from time to time, without notice upon posting on
Our site. A Commission will only be paid if the Visitor
to an approved Program website can be tracked by the
system from the time of the click on Your Link to
the time of the sale. No Commission will be paid if
the Visitor's payment to the Program cannot be tracked
directly to Your site by Our system or if full payment
for services is not made by the Visitor. Commision
payout may be revoked in the future for chargebacks
or refunds stemming from members sent from your links.
We reserve the right, in our sole and exclusive discretion,
to alter or modify the Program at any time including
the method and terms of all payment benefits to You.
Any changes posted to the Payout Details shall be
binding upon all affiliates, including You, immediately
upon posting the changes. It shall be Your sole obligation
to check the Payout Details to determine if there
have been any changes in the Program.
4.2 Time and Method of Payment. Commissions due and
owing to You under the Program will be paid to You
directly by Company by period for sales made during
the prior pay period. Periods run from the 1st of
the month to the 15th and from the 16th to the end
of the month. Checks will be issued on the 28th of
the month for period 1 and on the 13th of the next
month for period 2.
4.3 Payments will be in the form of a check in US
dollars payable to You, as identified in Your application,
and will be mailed via regular mail to the street
address indicated in Your application. You may request
and receive payment via bank wire transfer if You
pay the costs associated with the wire. Payment via
wire is available only for payments of $1000 or more
and we deduct a $30 fee. You can also request a check
fedex if you have minimum payout of $300 with a $20
fee deducted. If You dispute the manner or amount
of calculation of Your Commissions with regard to
any given payment period, You must inform us in writing
within fifteen (15) days of the disputed payment,
otherwise You are deemed to have waived Your right
to challenge the payment calculation.
5. Free Content
Program affiliates are granted the limited non-exclusive
right to use certain SEG content, made available to
affiliates free of charge by SEG (Free Content), for
affiliates use in promoting SEG's websites. The free
content may be used for the sole purpose of assisting
our affiliates in promoting our various websites through
banners, buttons and links. Accordingly, the free
content cannot appear on any web page unless that
page contains a banner or link to an SEG site. You
may have other banners or links on the page in addition
to SEG, but the SEG banner and/or links must have
priority on the page. If SEG determines in its sole
discretion that you are using the free content to
primarily sell other programs or promote other sites,
you will be terminated as an affiliate.
Content may not be linked with html or other coding
causing people to be re-directed to other websites.
Content may not be used in any way for e-mail spamming,
or any other type of spamming, and are meant for use
in website publication only. This agreement does not
allow you to claim ownership of any of the content.
You are not allowed to sell, rent, lease, lend or
trade the content online or in any other form of media,
without the express written consent of SEG.
All intellectual property rights are retained by
SEG. The Model Releases are held by SEG. All of the
models were over or at the legal age of 18 years old
at the time that the video and/or photographs were
taken. The models gave their consent to the publication
of the content concerned.
All records required by Title 18 USC Sec. 2257, for
this product and all graphical materials associated,
are in custody of:
Steve Sweet, Sweet Entertainment Group, (Canadian
Office) 1624 Franklin Street, Vancouver, B.C. Canada,
V7L 1P4. 604-254-3804
If your account has been terminated for any reason
all images must be removed from your sites immediately
By utilizing these images, you have agreed to the
terms outlined above.
6. Non-Exclusive Limited License with Logos and
Trademarks
You grant us a non-exclusive license to use your names,
titles and logos, trademarks (collectively the "Affiliate
Trademarks), to advertise, market, promote and publicize
in any manner our rights hereunder. Notwithstanding
anything herein to the contrary, we shall not be required
to so advertise, market, promote or publicize. You
hereby represent and warrant that you are the sole
and exclusive owner of the Affiliate Trademarks and
have the right and power to grant to us the license
to use same in the manner contemplated herein, and
such grant does not or will not (i) breach, conflict
with or constitute a default under any agreement or
other instrument applicable to you or binding upon
you, or (ii) infringe upon any trademark, trade name,
service mark, copyright, or other proprietary right
of any other person or entity. This license shall
terminate upon the effective date of the expiration
or termination of this Agreement.
7. Responsibility for Your Site
You will be solely responsible for the development,
operation and maintenance of your site and for all
materials that appear on your site. We shall have
no responsibility for the development, operation and
maintenance of your site and for any materials that
appear on your site. You shall also be responsible
for ensuring that materials posted on your site do
not violate or infringe upon any laws, including but
not limited to 18 U.S.C. Section 2257, or 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 are not libelous or illegal. You must have express
permission to use another party's copyrighted or other
proprietary material. We are not responsible if you
use another party's copyrighted or other proprietary
material in violation of the law. In addition to the
foregoing, we will immediately terminate your participation
in the Program if we believe you have engaged in any
of the following: - Unsolicited mass e-mail solicitations,
IRC postings or any other form of spamming, including
but not limited to, newsgroups or aol customers or
otherwise violate our spamming policies; - Attempt
to cheat, defraud or mislead us in any way; - Misrepresent
to the public the terms and conditions of our sites
or your sites; - Promote passwords, MP3, or Warez;
- Own or operate a website in connection with a person
who is under 18 years; or - You operate from a foreign
country for which you don't have our explicit authorized
consent.
8. Term of the Agreements
The term of this Agreement will begin upon our acceptance
of your Affiliate 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. Notice by e-mail, to your e-mail address
on our records, is considered sufficient notice for
to terminate this Agreement. If this Agreement is
terminated because you have violated the terms of
this Agreement you are not eligible to receive any
commissions payments, even for commissions earned
before 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.
9. Modification
We may modify any of the terms and conditions contained
in this Agreement, at any time in our sole discretion.
Notice of any change by e-mail, to your address on
our records, or the posting on our site of a change
notice of a new agreement, is considered sufficient
notice for notifying you of a modification 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 a change notice or new agreement
on our site, will constitute binding acceptance of
the change.
10. Relationship of Parties
You and SEG 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. You will not make
any statement, whether on your site or otherwise,
that reasonably would contradict anything in this
Section. We are not your Agent. You are not our Agent.
11. 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.
12. Disclaimers
We make no express or implied warranties or representations
with respect to the Affiliate Program or any SEG services
or other items sold through the Program (including,
without limitation, warranties of fitness, merchantability,
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 will be uninterrupted or
error-free, and we will not be liable for the consequences
of any interruptions or errors.
13. 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; and 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 the (i) 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.
14. Confidentiality
We may disclose to you certain information as a result
of your participation as part of the Program, which
information we consider to be confidential (herein
referred to as "Confidential Information").
For the purpose of this Agreement, the term "Confidential
Information" shall include, but not be limited
to, any modifications to the terms and provisions
of this Affiliate Program Agreement made specifically
for your site and not generally available to other
members of the Affiliate Program, website, business
and financial information relating to SEG, customer
and vendor lists relating to SEG 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 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
strictly confidential and secret and shall not be
utilized, directly or indirectly, by you for your
own business purposes or for any other purpose except
and solely to the extent that any such information
is generally known or available to the public or if
same is required by law or legal process. We make
no warranty, expressed 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 or such third person's
use of the information.
15. Indemnification
You hereby agree to indemnify, defend and hold harmless
SEG, 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"), in so far as such Losses
(or actions in respect thereof) arise out of or are
based on (i) any claim or threatened claim that our
use of the Affiliate Trademarks infringes the rights
of any third party; (ii) the breach of any representation
or warranty made by you herein; or (iii) any claim
related to your site.
16. Miscellaneous
Terminated accounts cannot later apply to the Program
without our express written consent. This Agreement
will be governed by the laws of Canada and the Province
of British Columbia, without reference to rules governing
choice of laws. You may not assign this Agreement,
by operation of law or otherwise, without our prior
written consent. Subject to that restriction, this
Agreement will be binding on, inure to the benefit
of, and 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.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SEG.
BY SIGNING UP TO THIS AFFILIATE PROGRAM YOU ARE AFFIRMATIVELY
STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS
SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING
YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT
AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF. |
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