1) Terms of the
Agreement
The Terms of this
Agreement will begin when the application to
www.SitesInstantly.com is accepted and you, the affiliate, are notified of this either via email or in writing of your acceptance into www.TheDateHub.com or
www.TheAdultHub.com networks. The agreement will end when terminated by either party. Either party may terminate the Agreement at any time, with or without cause, by giving the other party written notice of termination. The affiliate is eligible to earn referral fees from the sale of products or services via www.TheDateHub.com or www.TheAdultHub.com or www.SitesInstantly.com for all customers who joined via their microsite, if they make any payment or renewal once the agreement has been terminated. This is providing that the agreement had not been terminated for breach of contract or any of the reasons listed below, in which case you will not receive any further monies. All member profiles and the information given therein will remain the property of www.SitesInstantly.com, www.TheDateHub.com and www.TheAdultHub.com. The affiliate is not permitted
to make any copy of member information for any purposes at any time.
Causes
for termination include:
- The use of
unsolicited email to promote the www.SitesInstantly.com service
or www.TheDateHub.comor www.TheAdultHub.com programs.
- Misuse of the system
as a member or a webmaster.
- Poaching other
www.SitesInstantly.com, www.TheAdultHub.com
and www.TheDateHub.com webmaster's members.
- The encouragement of
illegal activities.
- Sabotage of other
webmasters income streams by means of unfair tactics, defamation
of other webmasters who are part of www.SitesInstantly.com,
www.TheAdultHub.com
or www.TheDateHub.com.
- The copying of any
part of any member information or photos without
permission.
- Violation of any of
these terms and conditions.
- Trading off another
webmasters domains name, any 3 word or greater domain name and
brand that brings in more than £ 250 monthly gross into the system.
Obvious and full use of this term in site marketing will be
perceived as poaching. Sites using the exact phrase before another
webmasters domain reaches this level are not included in this
point if the following condition is met: The phrase is no more
prominently displayed within their site: In placement, links and
number than it was previously.
If the affiliate or
www.SitesInstantly.com, www.TheAdultHub.com
or www.TheDateHub.com
terminate the account 'without cause' then all commissions
outstanding will continue to be paid at the regular monthly
processing point.
We reserve the right to fine affiliates
commission for breach of the terms and conditions. The managing
director's decision is final regarding the above points and to the
action that is resultantly taken.
1.1)
Privacy agreement
The affiliate agrees to receive promotional information from www.SitesInstantly.com,
www.TheDateHub.com and www.TheAdultHub.com regarding the affiliate scheme. If the
affiliate no longer wishes to receive promotional emails they can send an
enquiry to
helpdesk
1.2)
Disputes
Any problems or discrepancies
over due commissions or business practices will be
dealt with within 28 days after an email notification is sent to www.SitesInstantly.com
All such matters will
be handled by the customer services team: helpdesk
1.3) Customer
registration
Any visitor who joins via
the site will be added to www.TheAdultHub.com or
www.TheDateHub.com as a member of that site. You are entitled to
commission as specified in the agreed fee schedule. In the event
that www.TheAdultHub.com and www.TheDateHub.com websites close the affiliate
will be provided with a copy of all the profiles which have been
created via their site.
1.4)
Administration
Affiliates are able to
administer their programs by logging in with the designated
administrator username and password into the microsite which has
been created for them. Guidelines for administration are provided
within the system. If these guidelines are not followed, we reserve
the right to remove administration rights or terminate your
site.
1.5)
Poaching members
Webmasters, their
employees, and their families shall not poach, ask, bribe, or
in any way encourage existing members of the www.TheAdultHub.com and
www.TheDateHub.com to move their membership to their site from another
webmaster. Excluded activities would be using chat rooms, the
internal mail system, hub access pages to cross sell your sites. No
discounts or rebates on membership fees can be offered as an
incitement. Webmasters so doing will be in breach of their agreement
with www.SitesInstantly.com, www.TheDateHub.com and
www.TheAdultHub.com.
They will have their account/accounts terminated and be eligible for
no further commission payments. All profiles shall remain the
property of www.SitesInstantly.com, www.TheDateHub.com and
www.TheAdultHub.com.
1.6)
Webmaster use of the site
As a
webmaster you will be provided with a username and password to use
the site as a member, and also have further administrative rights
and privileges. Your profile on the site is subject to the same
terms and conditions of any registered member. You are NOT permitted
to use this profile or any other to send unsolicited spam or
promotional mail of any kind to your members or any other members
registered via other sites using the internal mail system. This is
not a broadcast system for your use in a commercial manner and any
violation of this may result in a warning and/or termination of your
profile and/or site. This is unacceptable abuse of your privileges
and will not be tolerated. You agree to review and adhere to the
member terms and conditions.
1.7)
Webmaster privacy
Please note that
contracts with all webmasters are strictly private and confidential
and we will not comment on, discuss or disclose any specific details
or agreements with other webmasters. These are unique contracts and
are not open for discussion or comparison.
1.8)
Member communication
Members registered via
your site will receive global emails from www.TheAdultHub.com
or www.TheDateHub.com
respectively. These emails will contain global hub news and will be
relevant to the hub and not specific to your affiliate. Members can
individually opt out of these emails at any time.
2)
Payments
Payments will be made via PayPay in sterling. All monies are held by the payment system providers for 2 months before releasing them. Payment will be made monthly on the last Friday of the month for the month 2 months preceding. For example, you would receive payment on the last Friday in March for member payments for the calendar month of January, and so forth. Commission is calculated from the percentage amount as set out here on the website or in the schedule agreed, and the net payment value after all due taxes and external payment processing costs have been deducted. You are held responsible for your own tax liabilities in relation to this payment. The standard schedule, unless any other schedule is agreed in writing. The schedule is: 50% revenue share on payments made via the affiliate site and a 5% second tier payment for referrals, on the money that the referred webmaster earns through
www.SitesInstantly.com,
www.TheDateHub.com and
www.TheAdultHub.com only. If payments are not picked up within 2 months, the webmaster loses all rights to that payment.
3) Modification to the
terms and agreement
www.SitesInstantly.com,
www.TheDateHub.com and
www.TheAdultHub.com may modify any of the terms and
conditions contained in this Agreement at any time and in our sole
discretion. You are responsible for reviewing these terms regularly.
Modifications will be made in good faith and not to purposely avoid
paying affiliates due commissions. All modifications affiliates will
receive notification via the site news. If the affiliate finds any
modification unacceptable to them the only recourse is to terminate
the agreement. The continued use of the system signifies the
affiliates acceptance of these changed terms and conditions.
4) 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 to this Agreement.
5)
Data protection
Each party shall at
its own expense obtain and at all times hold such registrations
under the Data Protection Act 1998 as may be necessary to facilitate
the performance of its obligations under this Agreement. The Partner
may not process any Data without the express written consent of the
Company or the data subject to whom it relates.
6)
Confidentiality
For the duration of
this Agreement and thereafter, each party agrees that unless
required to do so by order of the Court (or other similar judicial
or quasi-judicial authority or Government agency or authority) it
will not disclose to any third party, or use any Confidential
Information disclosed to it by the other except as expressly
permitted in terms of this Agreement and that it will take all
reasonable measures to maintain the confidentiality of Confidential
Information of the other party in its possession or
control.
7)
Warranties and indemnities
The
Company makes no warranty that operation of the Microsite (the version of
www.TheAdultHub.com or
www.TheDateHub.com site provided for the
affiliate) will be uninterrupted or
error-free, nor that the Microsite will be compatible with any
particular browser or other software other than any specifically
identified as suitable by it.
The Partner hereby
warrants that the logos and/or branding provided for inclusion in
the Branding or any other content provided by the Partner for
inclusion on the Microsite does not violate any third party
copyright, patent, trade secret, brand, right of publicity,
right of privacy or contains any defamatory or untrue
content.
Each party hereby
agrees to indemnify and hold harmless the other, its affiliates,
officers, directors, employees, consultants and agents from any and
all third party claims, liability, damages, costs and expenses,
including, but not limited to, attorneys fees, arising from the
breach of any warranty or representation contained in this
Agreement.
8)
Miscellaneous
YOU ACKNOWLEDGE THAT
YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS. 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.
This Agreement together with the schedule constitutes the entire agreement between the parties hereto relating to the subject matter hereof. In the event that any of the provisions of this Agreement are found to be invalid, unlawful or unenforceable, such terms shall be severable from the remaining terms, which shall continue to be valid and enforceable. This agreement takes place under uk law and does not take place outside the jurisdiction of the United Kingdom.