Terms of Agreement | Anastasia’s Affiliate Dating Affiliate Programs
This Agreement contains the terms and conditions that shall apply to anyone who joins Anastasia International’s Affiliate Dating Programs. Read them over very carefully.
This Agreement contains the terms and conditions that shall apply to an individual's or an entity's (hereinafter a "Participant," "Affiliate Site," or "Affiliate Member." or "you" or "your") participation in the affiliate program or programs (the "Program") of Anastasia International Inc. (hereinafter "Anastasia International Inc.", "Anastasia’s Affiliate Dating Program", "Anastasia’s Affiliate Dating Programs", "Anastasia", "we", "its," "us" "our" or "the Company"), Anastasia’s successors and assigns.
1. Enrollment in the Affiliate Dating Network
To begin the enrollment process in Anastasia’s Affiliate Dating Programs, you will submit a complete Program application via our site. Your dating affiliate program account is active immediately.
Anastasia’s Affiliate Dating Programs will evaluate your application in good faith and we may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include material that:
- promotes violence,
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age,
- promotes illegal activities,
- violates intellectual property rights.
If we reject your online dating affiliate application, you are welcome to reapply to the Program at anytime. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for Anastasia’s Affiliate Dating Programs, we may terminate this Agreement.
2. Special Links
As a dating site affiliate, you will receive, or be made available, banner advertisements, button links and/or text links to our site. These special links may contain Anastasia's or its entities' logos and/or identifying words.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special HTML code to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will only earn referral fees for activity on our site occurring directly through Special Links: we will not be liable to you for any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts which would otherwise be paid to you pursuant to this Agreement. Special Links functioning is based on "cookies". The system is unable to track the sales when the user's "cookies" are switched off. If your visitor's cookies are off he will not be recorded as your referral and you will not receive any commission from his purchases.
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.
You may NOT link to, display or by any other method utilize any photos, videos or any other information pertaining to any of our member(s) on your site.
You are strictly prohibited from using any spyware or sexually explicit ads or promotions to advertise our sites, goods, and services.
You agree to immediately notify us of any complaints you learn of regarding alleged sexually explicit ads for our sites, goods, and services using our online complaint form located in the footer of every page.
3. Order Processing
We will process Product orders placed by customers who follow Special Links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase Products and Services using Special Links from your site to our site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion.
4. Referral Fees
We issue a commission fee to you based-on the number of First Orders or Each Order made by your clients who are registered via the Special Links.4.1 The Per First Order Program pays you a fixed amount for any first sale placed on our site. We impose a monthly commission for the first purchase of every client depending on the following tariff levels:
- if your clients made 1 to 9 first purchases a month – $150 per each first credit order;
- if your clients made 10 to 49 first purchases a month – $200 per each first credit order;
- if your clients made more than 50 first purchases a month – $250 per each first credit order.
4.2 The Per Each Order Program pays you a lifetime commission for each credit purchased by your customers.
- if your clients made 1 to 9 first purchases a month – $0.75 per each 10 credits;
- if your clients made 10 to 49 first purchases a month – $1.00 per each 10 credits;
- if your clients made more than 50 first purchases a month – $1.25 per each 10 credits.
4.3 The Per Lead Program pays you a fixed amount for any registration your clients make on Anastasia International sites. Commissions are paid for monthly Registrations after 2% of them have made purchases on Anastasia. If less than 2% of monthly Registrations make purchases, affiliates will be paid according to Anastasia’s Per Each Order Program.
4.4 The Second Tier Program – you will receive the equivalent of 10% of your affiliates’ earnings. Advertise the Anastasia Dating Affiliate Program and make 10% of the income of every new partner you bring us. When signing up please choose Per First Order or Per Each Order option.
4.5 We pay out commissions on earned revenue every month. You will be paid commissions on a monthly basis on approximately the 20th of every month. You can withdraw your commissions using your preferred Payment Method – Check, Bank Wire, Pay Pal, Web money. Each individual account must reach a minimum $50 balance in order to be paid.
5. Chargebacks and Creditbacks
While this will not constitute our exclusive remedy - we will not pay any affiliates who have chargebacks and creditbacks of 8% or greater. Creditback is defined as customers who cancel their memberships and receive a credit. Chargeback is defined as a refund of payment for customers after the credit card has been processed.
6. Referral Fee Payment
Commissions are issued 45 days after a purchase is made by your client. However you will be paid commissions on an approximate monthly basis on or before the 20th of every month. The payment is equal to the balance on your account before the 1st of the current month, minus half a transfer (money order, bank wire etc.) fee.
If your monthly reported commission is less than $50, it is not paid until your balance of payments reaches at least $50 or until this Agreement is cancelled.
We reserve the right to audit accounts belonging to all our Affiliates. In case of a violation found by our Security Department or suspicion of violation we reserve the right to suspend the payout of transactions until the obstacles are completely clarified.
If the Program regulation violations are proven, premeditated and/or systematic, we have a right to delete an Affiliate account without any commission payments.
If goods or services in which commissions were paid to an affiliate are refunded by an affiliate’s customer, commissions for such goods or services will be deducted from the affiliate’s balance of payments on the next month. If in the next month there are no commission fees to be paid, we will present a claim to compensate a commission for refunded goods or services.
We reserve the right to suspend an Affiliate payout in case of a Program Regulation violation stated in paragraph 6 and/or in case of a chargeback, until the obstacles are completely clarified.
In the case that our affiliate’s customers use a chargeback, commissions for the chargebacked transaction will not be paid. Plus, any penalties charged by our processing bank for the chargeback transaction will be deducted from the affiliate’s account. If the affiliate does not have funds on his/her account to cover the chargeback penalties, a bill will be sent to the affiliate. In the event that the Security Department finds any malicious conduct on the part of the affiliate, which resulted in the chargeback, the company has the full right to terminate that partner’s account without any commission being paid.
The Commission Payment Rate is subject to change at any time or from time to time. You will be notified of any change in the Commission Payment Floor via email and/or posting in a revised agreement and/or posting on the Site and/or in another method in our sole discretion.
7. Policies and Pricing
We may change our policies, terms, and operating procedures at any time and your continued use of the Dating Affiliate Program is your assent to the change or modified policies, terms, and operating procedures. Product/Service prices and availability may vary from time to time. Because price changes may affect items that you already have listed on your site, you may not include price information in your descriptions. We will use reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product/Service.
8. Ownership of Customer
Customers who open an account and buy products through this Program will be deemed to be customers of ANASTASIA INTL., INC. Accordingly, all ANASTASIA INTL., INC. rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time.
9. Non-Exclusive Limited License and Use of Anastasia-International Logos and Trademarks
We grant you a non-exclusive, non-transferable, revocable license to access our site through links solely in accordance with the terms of this Agreement, and solely in connection with such links, to use our logos, trade names, trademarks and similar identifying material solely for the purpose of selling our services and memberships on your site. This license does not include the right to purchase, bid, or otherwise obtain keywords based upon Anastasia-International Marks (AnastasiaWeb, AnastasiaDate, Anastasia-International, AmoLatina, AsianBeauties, AfricaBeauties) on common search engines, e.g. google.com, yahoo.com, msn.com, etc. You may not alter, modify or change them in any way. You are only entitled to use to the extent you are an Affiliate Member, in good standing. You shall not make any specific use of any Anastasia-International Marks for purposes other than advertising memberships to the particular Anastasia-International service(s). You agree not to use the Anastasia-International Marks in any manner that is disparaging or that otherwise portrays Anastasia-International in a negative or misleading light. We reserve all of our rights in the Anastasia-International Marks, and all other intellectual property rights thereto. We may revoke the rights granted to you pursuant to this section at any time by giving you written notice. The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this Agreement and by that time you shall cease and desist all use of the Anastasia-International Marks.
10. Non-Exclusive Limited License and Use of Affiliates Logos and Trademarks
You grant us a non-exclusive license to utilize your names, titles, logos, and trademarks (collectively the "Affiliate Marks"), and 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 Marks and have the right and power to grant to us the license to use them in the manner contemplated herein, and such grant does not or will not breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you, or 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.
11. 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. For example, you will be solely responsible for:
- the technical operation of your site and all related equipment;
- posting Special Links on your site and linking those descriptions to our catalog;
- the accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials) ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights);
- Ensuring that materials posted on your site are not libelous or otherwise illegal;
- Generating absolutely no spam on any Internet search engines, news groups or mailing lists. Spamming will be cause for legal action. Furthermore, Anastasia Intl will not pay for any commission listed for that Host site. No bulk mail, mass mail, unsolicited mail etc. Such actions will be cause for legal action. E-mailing to Opt-in lists is acceptable and encouraged.
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
You agree to post exclusively materials referencing Anastasia. Materials of other Russian, CIS, Asian or Latin online dating sites, or any references thereto are strictly forbidden and will be cause for legal action.
12. Term of the Agreement
The term 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 written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all ANASTASIA INTL., INC. trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn referral fees occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for 45 days from the last transaction of your client to ensure that the correct amount is paid.
13. Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. You will be informed about modification 30 days before they will join into force. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, 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 CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
14. Relationship of Parties
You and we 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.
15. 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 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 Program will not exceed the total referral fees paid or payable to you under this Agreement.
16. Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, 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.
17. Representations and Warranties
You hereby represent and warrant to us that your services, advertising (including, but not limited to e-mail or the web) and your web site(s) and all materials, content, goods, communications, e-mail, and services offered through and in association with you or your web site do not and shall not at any time:
- violate any law, statute, ordinance or regulation or promote illegal activities;
- contain or promote obscene materials or child pornography;
- contain or promote materials that infringe on copyrights, patents, trademarks, or other intellectual property rights;
- contain any materials which depict persons in a manner to suggest that they are under the age of eighteen years;
- contain or promote harmful or indecent matter to minors;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- contain content which is defamatory, misleading, libelous, hateful or unlawfully threatening, abusive or harassing;
- be involved in advertising or marketing that is misleading or unlawful in any manner;
- be involved in unfair, fraudulent, or misleading business practices or unfair competition;
- include any of the Company's trademarks or service marks, or variations or misspellings thereof, in your domain names; or
- be involved in the sending of unsolicited commercial e-mail ("spam") or chat messages or instant messenger messages;
- be involved any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature or features that constitute a trespass or unlawfully intrude on privacy.
You further represent and warrant:
- That you have full authority to enter into this Agreement and that you have reached the age of majority under the laws of the state or locality where you reside and/or do business;
- That you entering and performing under this agreement shall neither violate nor constitute a default under provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or the terms of any other agreement, document or instrument applicable to you or binding upon you;
- That you will provide accurate and complete information to Company concerning your identity, bank account, address or other required information and immediately update the Company as such information changes;
- That all obligations owed to third parties with respect to the activities contemplated to be undertaken by you pursuant to this Agreement are or will be fully satisfied by you, so that the Company will not have any obligations with respect thereto;
- That nothing on, in or associated with your web site violates any laws, regulations, rules or customs or violate or infringe any rights of any person or entity, including any intellectual property rights, including, without limitation any copyrights, patent rights, trademark rights, trade secret rights, or rights of publicity, or any person's or entities' privacy rights or any other personal or proprietary rights of any kind; and
- That you will comply with all applicable federal, state and local laws in the performance of this agreement;
- That 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; 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.
18. Confidentiality
We may disclose to you certain information as a result of your participation as part of the Affiliate Network, which information we consider to be confidential (herein referred to as "Confidential Information"). For purposes of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Network Agreement made specifically for your site and not generally available to other members of the Affiliate Network, website, business and financial information relating AnastasiaDate customer and vendor lists, relating to AnastasiaDate, and pricing and sales information for AnastasiaDate and any members of the Affiliate Network, 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 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, customer 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.
19. Indemnification
You hereby agree to defend (or pay our fees and costs of defense at our sole discretion), indemnify and hold us and our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, harmless against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses including reasonable attorneys' fees (any or all of the foregoing hereinafter referred to as "losses") insofar as such losses, or actions in respect thereof, arise out of or are based on 1) any claim that our use of the Affiliate Marks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, 2) any failure or breach of any representation, warranty, covenant, or agreement made by you herein including, but not limited to those representations and warranties found in Sections 13 and 21 above, 3) any misuse of our name or trademarks, 4) any claim related to your site or services, including, without limitation, any content therein, 5) any claim that your content infringes copyrights or any other intellectual property rights or that your site or services are engaged in unfair competition, 6), any claim arising out of your violation of the terms and conditions of this agreement, 7) any claim that you or your site(s) violated privacy rights or failed to maintain proper security, or 8) any claim that your advertising, communications (including, but not limited to e-mail communications), or marketing is misleading or unlawful in any manner.
20. Independent Investigation/Mutual Drafting
You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
21. Severability
If any provision of this Agreement is held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of this Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms.
22. Headings
The headings and other captions used in this Agreement are for convenience and ease of reference only and shall not be used in interpreting, constructing and/or enforcing any of the provisions of this Agreement.
23. Miscellaneous
This Agreement will be governed by the laws of the United States and the state of Maine, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Maine, and you irrevocably consent to the jurisdiction 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 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.
