Ltd., Budget Direct Group Ltd., (hereinafter "AnastasiaDate" "Anastasia",
"we", "its", "us" "our" or "the Company") and you (hereinafter a "Participant",
"Affiliate Site", or "Affiliate Member" or "You").
AnastasiaDate Ltd. is an authentic dating service that gives the clients
access to exciting romantic encounters with beautiful and caring women
from all over the world.
You desire to participate in the affiliate program organized
by AnastasiaDate (hereinafter "Affiliate Program",
"Anastasia's Affiliate Program", "Program").
The agreement shall establish the terms and conditions
of Your participation in the Program.
Enrollment and Participation in the Anastasia’s Affiliate Program
In order to become an Affiliate, You must set up an account
in Anastasia's Affiliate Program System (http://www.anastasiasaffiliate.com).
the account requires that you provide bank information, full name,
telephone number and other information. You must update the information
in your account if any information changes.
AnastasiaDate will evaluate Your application and will notify
You whether Your application is accepted for participation in the Program
according to Allowed Promotional Methods.
The Company offers several Affiliate Program options, as further described in the Agreement:
With respect to the "Per First Order" Program and "Per Each Order" Program,
Your offers are automatically approved upon submission.
With respect to the "Per Lead Program", You must apply to run
offers and they will be reviewed by the Company upon submission
and Your participation in the Program shall be approved or denied
in the Company's sole discretion.
All information submitted by Affiliate to the Company must be truthful
and accurate. Failure to provide same, may result in immediate
termination of Affiliate's participation in the Program.
The Company may reject Your application after initial approval
if it determines (in its sole discretion) that Your traffic sources
are unsuitable for the Program. Once You are accepted into the Program,
You will be able to participate in the Program subject to the terms
and conditions of this Agreement. You should also note
that if You are accepted to participate in the Program and Your traffic
sources are thereafter determined (in Company's sole discretion) to be unsuitable
based on the criteria herein for the Program, the Company may terminate
this Agreement and Your participation in the Program.
If the violation of the terms of this Agreement by an Affiliate
is a violation of law, proven, premeditated and/or systematic,
Company has the right to delete an Affiliate account and terminate
this Agreement at any time, without payment of any commission to the Affiliate.
In any case when an Affiliate's cumulative commission exceeds USD $1000,
the Affiliate will be required to provide additional information,
including scans of documents which meet the US Government's six points
of id program. Additional information is on the account page.
Commissions will not be paid unless the above requested information is provided.
Allowed Promotional Methods
- Search advertising (with key words restrictions)
- Web Display
- Email traffic (opt-in bases only)
- Social networks advertising
- Social networks Apps
- In Apps Advertising
- PopUp Advertising
Affiliate Programs and Commissions
The Per First Order Program pays You a fixed amount for any first
sale of a service purchased by a customer at any AnastasiaDate Site
as a result of Your link of Anastasia Sites on Your Site or App ("Affiliate Customer").
The Per First Order Program pays You a commission for each first sale
of a service purchased by Affiliate Customers only within 6 months
after a customer registered at any of AnastasiaDate Site.
Commission and number of orders per program are calculated separately.
The Per Each Order Program pays You a commission for each credit
purchased by Affiliate Customers only for the first 365 days
after a customer registered at any of AnastasiaDate Site.
Commission and number of orders per program are calculated separately.
No payment shall be made for any Chargeback. "Chargeback" is defined
as a refund of payment to Affiliate Customers after their credit card has been processed.
The Per Lead Program pays You a fixed amount for member registrations
on any AnastasiaDate Sites. The Per Lead Program requires the generation
of quality traffic with clear demonstration of how these results were achieved.
Anastasia retains the right to refuse leads if it is found they have
been generated by bots, script or other invalid methods. We consider
the leads to be inappropriate if, among other things:
- They are from the same IP-Address
- They generated with the help of the lead generation sites
- They generated with the help of incentivized bonus programs
- They generated by friends or associates obtained through social networks and/or chat rooms
- They come from doorway pages or «throwaway domains»
No payment will be made for receipt of inappropriate leads.
The Company retains the right not to pay You a commission if traffic
was sent without the Company's prior approval.
The Company further retains the right not to pay You for all Lead
conversions and /or sales in case if we see any fraudulent activity
(credit card fraud or any other suspicious activity).
Unfortunately at this time we do not accept Affiliates from
the following countries: Afghanistan, all African countries
(excluding Republic of South Africa), Bangladesh, India, Iraq, Iran,
Jordan, North Korea, or from other embargoed or sanctioned countries.
The 2nd Tier (Referral) Program — You will receive $ 10 for every
active affiliate referred by You.
Payments for all Programs are made on a monthly basis on or about
the 20th of every month. In certain cases we can remit the payment
within 45 days after Affiliate Customer's transaction is completed.
Each Affiliate's account must reach a minimum US $50 balance
in order to be paid.
The payment rate in connection with any Program is subject to change
at any time or from time to time. You will be notified of any change
in the payment rate via email and/or posting in a revised agreement
and/or posting on the AnastasiaDate Sites and/or through another
method in Company's sole discretion.
Payment Methods — Payment shall be made to Affiliate via check,
bank wire, PayPal, or via other payment methods, subject to Company's sole discretion.
All pending payments are expired after 365 days. In order to receive
payment on time please send us an invoice with full payment information.
Affiliates are not permitted to display banners on adult and porn websites
Affiliates are not permitted to offer incentives to register with AnastasiaDate Sites
Affiliates are not permitted to use viral traffic
Affiliates are not permitted to provide reselling offers.
Key Words Restrictions:
We grant You a non-exclusive, non-transferable, revocable
license to access the AnastasiaDate Sites solely in accordance
with the terms of this Agreement, and to use our logos, trade names,
trademarks and similar identifying material (collectively "Company IP")
solely for the purpose of selling our services and memberships on Your Site or App.
Affiliates are not permitted to advertise in search advertising
using keywords specific to Anastasia's Affiliate, AnastasiaDate,
RussianBrides, AsianBeauties, AmoLatina, ArabianDate, TripTogether,
and AfricaBeauties (e.g. Anastasia Date, Anastasia Romance, Anastasia International,
Anastasia Web, Anastasia, Russian Brides, Asian Beauties, ArabianDate,
Amo Latina, Africa Beauties, etc.) and variations in terms of punctuation,
spelling, the addition of words and/or the addition the addition
of top-level domains (e.g. AnastasiaDate.com...).
Affiliates are not allowed to use exact matches or any variations
of Dream-Marriage.com, GlobalLadies.com, CharmingDate.com,
ChnLove.com, Cupid.com and other dating sites.
Affiliates are not permitted to use the following words as metatags,
keywords, hidden text, texts for advertising materials
or other terms: "Foreign Affair", "LoveMe", "ForeignLadies.com"
and permutations of these words and phrases; and the exact phrases
"ForeignLadies.com", "ForeignWomen.com" and "AsianSingles.com."
Affiliates are strictly prohibited to use the following words as metatags,
keywords, hidden text, texts for advertising aterials
or other terms: "Hot Russian Brides", "HotRussianBrides.com",
"Russian Love Match", "RussianLoveMatch.com" and variations
in terms of punctuation, spelling, the addition of words and/or the addition
the addition of top-level domains. (e.g. Hotrussianbrides.com, etc.)
We retain the right to refuse the leads that doesn't have subafid parameter.
We retain the right to refuse leads if it is found
they have been generated by bots, script or other invalid methods.
In such cases we will provide CPA company with detailed evidence
of such leads, which will be considered inappropriate if:
- They were generated from the same IP address;
- Password and/or login were generated by a publisher's script.
We also retain the right to reject payment for leads
if their number exceeds the campaign budget as indicated in your Insertion Order.
Your Site content restrictions and promotional materials:
You hereby represent and warrant to Company that Your services,
advertising (including, but not limited to e-mail or the web) and Your Site(s)
and/or App(s) and all materials, content, e-mail, and services
offered through and in association with You or Your Site or App 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
- 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
Company IP Restrictions:
You shall not use the Company IP in connection with any activity that disparages Company,
or its products or services, or that damages the reputation for quality inherent in the same.
The use of Company IP that is posted on other sites, found in other emails or other sources,
manipulated in any way or derived from any means besides the Program interface is not permitted.
If You do not fully comply with this provision Company may withhold payment, immediately terminate
this Agreement, permanently remove You from the Program, or utilize any remedy otherwise
available to it in law or in equity.
Your use of Company IP must be in a manner that is clearly
less prominent than that of Your name, logos, trademarks,
service marks, trade dress, products and/or Site or App name.
You shall not create or attempt to create an impression that
there is an association or affiliation between Company and You
beyond the arrangement outlined in this Agreement.
You shall immediately cease using Company IP upon
the termination or expiration of this Agreement.
You may only send emails advertising the Anastasia sites
to persons who have opted in to receiving commercial emails
either from you or your marketing affiliates who have
legally transferred such permission to you.
The texts of your emails must be approved in advance by AnastasiaDate.
AnastasiaDate maintains a resource book of texts which have already been approved.
The email must comply fully with the FTC Guidelines
for Commercial emails, http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business.
Specifically, the following FTC guidelines apply:
Don't use false or misleading header information.
Your "From," "To," "Reply-To," and routing information — including the originating
domain name and email address — must be accurate and identify the person
or business who initiated the message.
Don't use deceptive subject lines. The subject line must accurately reflect the content of the message.
Identify the message as an ad. The law gives
you a lot of leeway in how to do this, but you
must disclose clearly and conspicuously that your message is an advertisement.
Your email must have an operational opt out link.
You must obtain the opt out hyperlink from AnastasiaDate and may only use the link provided to you.
The opt out text must contain Anastasia's address,
which is Anastasiadate Ltd., (You may not use any other AnastasiaDate's address in the email.),
You should also identify Your own name and address.
- The email must comply with all national and state laws. For emails in the United States, the federal CAN-SPAM Act applies. Many states, specifically including California, also have laws regulating commercial emails. It is your responsibility to comply with these laws.
- You should include firstname.lastname@example.org email address to every list you send mass mailing to.
You shall not employ any mechanical means to pull content from any AnastasiaDate Site, including, but not limited to, programmatic crawling, downloading, viewing, or scraping;
You shall not make any representations, warranties or other statements concerning the Company, AnastasiaDate Sites, any of Company's products or services, or Company's site policies, except as expressly authorized by this Agreement.
You shall not present or use any content on Your Site or App, including, without limitation, graphical images, logos, text copy, editorial copy, press releases or marks, that (i) could be interpreted to suggest that such content has been authored or otherwise provided by, or represents the views or opinions of the Company; (ii) is misleading, defamatory, libelous, obscene, or otherwise objectionable; (iii) infringes, derogates, dilutes, or impairs the rights of the Company or any third party; (iv) refers to Company but is used as part of a name of a product or service of a company other than the Company; or (v) is used in any other manner inconsistent with any term of this Agreement or with any provision of law.
You shall not engage in deceptive software download or computer settings practices to promote the AnastasiaDate Sites. The prohibited deceptive practices include, but are not limited to, installing software without user knowledge, changing a user's home page without securing user permission, and offering downloadable software that does not install or operate as intended.
Affiliates are not permitted to promote any of our offers on Facebook and Twitter.
Ownership of Customer
Affiliate Customers who open an account and buy products at AnastasiaDate Sites through the Program will be deemed to be customers of AnastasiaDate Ltd. Accordingly, all AnastasiaDate Ltd. rules, policies, and operating procedures concerning customer orders will apply to those Affiliate Customers. Company may change our policies and operating procedures at any time.
Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of Your Site and/or App and for all materials that appear on Your Site and/or App. For example, You will be solely responsible for:
- The technical operation of Your Site and/or App and all related equipment
- The accuracy and appropriateness of materials posted on Your Site and/or App, ensuring that materials posted on Your Site do not violate or infringe upon the rights of any third party (including, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on Your Site and/or App are not libelous or otherwise illegal
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 and/or App.
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 Affiliate
or the Company 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 AnastasiaDate Sites,
and all Company IP, 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 commissions occurring during the term of this Agreement, 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 Affiliate
Customer to ensure that the correct amount is paid.
The terms and conditions of this Agreement may be modified
by AnastasiaDate Sites at any time, via a change notice posting
or a new agreement posting on AnastasiaDate Sites, or a notification
sent to you via email. The changes shall be effective immediately upon posting.
You may choose to terminate this Agreement, should any of the modifications
to the Agreement be unacceptable to you. Failure on your part to terminate
the Agreement shall indicate your acceptance of the modifications posted
on the AnastasiaDate Sites or in the e-mail change notice sent to you.
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 Agreement.
Limitation of Liability
You will 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. 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.
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 AnastasiaDate Site(s) will be uninterrupted
or error-free, and we will not be liable for the consequences of any interruptions or errors.
We may disclose to You certain information as a result of Your participation as part of the Anastasia's Affiliate Program, 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 Agreement made specifically for Your Site and not generally available to other members of the Program, website, business and financial information relating AnastasiaDate Ltd. customer and vendor lists, relating to AnastasiaDate Ltd., and pricing and sales information for AnastasiaDate Ltd. and any members of the Anastasia's 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 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.
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 and/or App herein, 3) any misuse of our name or trademarks, 4) any claim related
to Your Site and/or App 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 and/or App 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)
and/or App 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.
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.
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.
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.
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 Site and/or App 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
- 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
This Agreement will be governed by the laws of the United States and the state of New York, without reference to rules governing choice of laws.
Any action relating to this Agreement will be resolved
by binding arbitration, rather than in court. The arbitration shall
take place in the city of New York, state of New York. New York law will
govern the rights and obligations of the parties hereto with respect
to the matters in controversy. There is no judge or jury
in arbitration, and court review of an arbitration award is limited.
But an arbitrator can award you the same damages and relief, and must honor
the same terms in this agreement, as a court would.
You agree that You will not engage in any conduct that is injurious
to the reputation of AnastasiaDate and/or its affiliates, officers and directors
or making or causing to be made any statement that is critical
of or otherwise maligns the business reputation of AnastasiaDate and/or its affiliates,
officers and directors. You acknowledge that Your breach of this notice will
cause AnastasiaDate to incur substantial economic damages and losses of types
and in amounts which are impossible to compute and ascertain with certainty
as a basis for recovery by AnastasiaDate of actual damages, and that liquidated
damages represent a fair, reasonable and appropriate estimate thereof. Accordingly,
in lieu of actual damages for such breach, You agree that liquidated damages may be assessed
and recovered by AnastasiaDate as against You, in the event of each breach
and without AnastasiaDate being required to present any evidence of the amount
or character of actual damages sustained by reason thereof; therefore
You shall be liable to AnastasiaDate for payment of liquidated damages.
Such liquidated damages are intended to represent estimated actual damages and are not intended
as a penalty, and You shall pay them to AnastasiaDate without
limiting AnastasiaDate's right to seek other remedies as provided elsewhere herein.