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Our dating affiliate program agreement contains the complete terms & conditions that apply to yor participation in MyBestDate.co.uk Dating Affiliate Program. As used in this Agreement, "we", "our", and us refer to MyBestDate.co.uk, a subsidiary of CSB Electronics Ltd and "you", "your" refer to the affiliate program applicant. "Site" means a World Wide Web site.
Enrollment in the program
To begin the enrollment process, you will use our signup page and complete the registration process. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for our affiliate program for any reason.
Unsuitable sites include (but are not limeted to) those that:
- Contain content that is unlawful, threatening, defamatory, obscene or otherwise objectionable
- Promote sexually explicit materials
- Promote violence or illegal activities
- Violate or infringe upon intellectual property rights.
- Contain spam content or any bulk email submissions to email addresses out of your opt-in list
- Contain content that can breach our Google Adsense TOS
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
If for any reason, we reject your application, you are welcome to reapply to our dating affiliate program at any time. If we accept your application, we reserve the right to terminate this Agreement if we ever determine(in our sole discretion) that your site is unsuitable for our program for any reason.
Once we notify you that we have accepted your site into MyBestDate.co.uk Dating Affiliate Program, we will authorize you to copy our text and banner links from our password protected affiliate members area maintained by our affiliate team. We encourage you to place our links, as prominently as possible on the most heavily trafficked pages of your site. From time to time, we will offer different products for sale or membership subscription options, also may modify the banners, links and other information presented in, and the overall appearance of MyBestDate.co.uk. All such changes and modifications will occur automatically without any prior notice to you. You will not be required to change any code as we change our products automatically.
Order processing
We will process subscription(Full or credit based membership or any product orders placed by our members who join our site by a referral from your site. We reserve the right to reject orders that do not comply with any and all requirements (inc. fraudulent transactions) that we periodically may establish. We will responsible for all aspects of order processing and fulfilment. Among other things, we will prepare order forms, prcess payments, cancellations, returns and handle customer service.
Sales tracking
For sales tracking you our affiliates can use our inhouse tracking software. This affiliate program software will make available to you the sales activity, as well as reports regarding end-user impressions and click-throughs at http://affiliates.mybestdate.co.uk
Payment
You will earn a commission of 40% of all sales referred from your site and also earn 5% from your second tier referrals done within the last 90 days. If your sales exceed £100 for a month, you will receive £10 bonus, each and everytime you passed that threshold. All sales exclude any taxes or shipping costs that we may charge. We will pay all commissions on the first of every calendar month through PayPal. If the commissions that accrue in any month total less than £50, we will hold the commissions until you pass that payout limit. If a customer returns or receives a refund or credit for a product that generated a commission under this paragraph, we will deduct that commission from you next months payment. If no further payments are due under this Agreement, we reserve the right to send you a bill for any commissions associated with returned or rejected orders
Policies & Pricing.
All members who subscribes to a membership option or buys products through MyBestDate.co.uk are customers of MyBestDate.co.uk. Accordingly all MyBestDate.co.uk rules, policies and operating procedures concerning orders, customer service, pricing will apply to those customers. We may change our policies and operating procedures at any time, in our sole discretion. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product
Limited licence
We grant you a nonexclusive, revocable right to use MyBestDate.co.uk banners, images and text that we may provide to you solely for the purpose of identifying your site as our affiliate program participant and to assist in generating sales through this program. You may not modify the MyBestDate or any other graphic images or text that we may provide you in any way. We reserve all our rights all such graphic images, text, our trade names and trademarks and all other intellectual property rights. You agree to follow our instructions respecting the use of your trademarks, and all those instructions may change from time to time. We may revoke your licence at any time by giving you a written notice.
Responsibility for your Site
You will have sole responsibility for the development, operation and maintenance of your site and 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. 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 obscene, defamatory, libelours or otherwise illegal. We disclaim all liability for all materials relating to the developmen, operation, maintenance, and contents of your site.
Indemnification
You will indemnify, defend and hold us harmless against any and all claims, lawsuits, damages, and expenses(including, without limitation, attorneys' fees) that we may or that anyone that may assert as a result of :
- our use of any trademarks, logos, graphic images, text or other materials that you may provide to us or allow us to use under this Agreement.
- anything occurring on your site or arising from the development, operation or maintenance of your site.
Term of agreement
The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either party. Either you or we may terminate this Agreement at any time and for any reason giving the other party written notice of termination, which may be via email but must be responded to with a reply, stating receipt, within 48 hours. Upon the termination of this Agreement for any reason, you will immediately cease using, and remove from your site, all links to our commerce server, all MyBestDate.co.uk trademarks, trade dress and logos and all other materials that we may have provided to you our allowed you to use in connection with the MyBestDate.co.uk Dating Affiliate Program and we will immediately cease using, and remove from our site, all trademarks, logos, graphic images, text or other materials that you may provide to us or allow us to use under this Agreement. You are eligible to earn only those commissions that may accrue under this Agreement during the term of this Agreement and commissions earned through the date of termination will remain payable only if the customer does not cancel the order, returned the products purchased or receive a refund or credit. We may withold your final payment for a reasonable time to ensure payment of the correct commission amount.
Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on our site. ALL SUCH MODIFICATIONS WILL TAKE EFFECT AT THE TIME WE SPECIFY OR, IF WE SPECIFY NO SUCH TIME, IMMEDIATELY UPON THEIR POSTING ON OUR SITE. 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 EVIDENCE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Relationship of the Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, join 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.
Disclaimers
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM(IMCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NO INFRIGEMENT, OR ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, DEALING ON TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE OR OUR COMMERCE SERVER WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
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 TOTAL 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.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ this Agreement AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY 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 WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT NOT SET FORTH IN this Agreement.
Miscellaneous
this Agreement will be governed by the law of the United Kingdom without reference to rules governing choice of laws. Any action relating to this Agreement must be brought to UK courts and you irrevocably consent to the jurisdiction of those courts and waive any claim that those courts constitute an inappropriate venue or inconvenient forum. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent, Subject to that restriction, this Agreement will bind, insure to the benefit of and 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.
Ensure prior to joining our affiliate
program that you have read and understood our full terms
and conditions. |