This Agreement contains the complete terms and conditions that apply to your participation as a member of the Sexy Fortune Program (the “Program”) operated by VL Enterprises (hereinafter, “Company,” “we” or “us”). As used in this Agreement, “you”, "affiliate" or “your” means the applicant/participating member. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY CHECKING THE BOX AND CLICKING THE "Agree and Proceed to Account Details" BUTTON AT THE END OF THIS DOCUMENT YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF. 1. You acknowledge that you have read, agree to abide by, and accept these Terms and Conditions, including as they may be amended from time to time. Ignorance of these Terms and Conditions is not an excuse for any violation. We reserve the right to add to, delete from, or change these Terms and Conditions at any time. ALL ADDITIONS TO, DELETIONS FROM AND CHANGES OF THESE TERMS AND CONDITIONS ARE EFFECTIVE THREE (3) CALENDAR DAYS AFTER BEING MADE, WHETHER OR NOT ACTUAL NOTICE HAS BEEN GIVEN TO YOU UNLESS NOTICE IS REQUIRED ELSEWHERE IN THESE TERMS AND CONDITIONS! You are responsible for reading and complying with any changes that we may make to these Terms and Conditions from time to time. You can review the most current version of these Terms and Conditions at any time at: http://www.Sexy Fortune.com/terms.php.
2. You must be at least eighteen (18) years of age or the legal age in your jurisdiction to participate in the Program. Additionally, we do not allow webmasters residing or operating in the following countries, but not limited to these, to participate without the express prior approval of the Program's management: Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croatia, Cuba, Czech Republic, Estonia, Georgia, Hungary, India, Indonesia, Israel, Japan, Jordan, Kalingrad, Kazakhstan, Korea, Kyrgyzstan, Latvia, Lithuania, Malaysia, Moldova, Pakistan, Panama, Philippines, Romania, Russia, Singapore, Slovakia, Slovenia, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, Yugoslavia and any other jurisdiction where viewing, downloading or the use of the materials made available by the Program could reasonably constitute a violation of any law, regulation, rule or custom.
3. In order to participate, you must register by submitting an application with CORRECT information via http://www.SexyFortune.com. We may choose to decline your application should we find any of the information and/or your website unsuitable for any reason. By signing up to the Program you agree that you accept to receive notices in regards to the Program as long as you are part of the Program. You are responsible to keep your information on-file accurate for proper notifications, check mailing and wire transfer settlements.
4. Violation of any or all of these Terms and Conditions is grounds for termination and releases the Company from any payment or other obligation to you, regardless of whether the payment or other obligation has accrued or has not. In all cases, the Company shall be the sole determiner of whether a violation exists and may act on good faith suspicion alone. We reserve the right to deny you admittance into this Program, or to terminate you from this Program at any time for any reason at our sole discretion. Reasons for immediate termination include, but are not limited to, the following:
(a) Operation of an illegal business through such web site and/or subscription email list;
(b) Engaging in any illegal activity of any type, including but not limited to displaying illegal content on your web site and/or in your subscription emails or offering any illegal good or service through Your Web Site and/or subscription emails;
(c) Operation of a web site or email Link to web sites that contain or promote, any of the following content: libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or Link to a web site(s) that does so;
(d) Engaging in indiscriminate or unsolicited commercial advertising emails;
(e) Placing links to web sites in newsgroups, message boards, unsolicited email and other types of spam, banner networks, counters, chatrooms, guestbooks, IRC channels or through similar Internet resources;
(f) Causing or enabling any transactions to be made that are not in good faith, including, but not limited to, by means of any device, program, robot, Iframes, hidden frames, and redirects, or any attempt to cheat the Program;
(g) Breach of the licensing provisions of this Agreement;
(h) Breach of any other intellectual property right provision of this Agreement or other of common law intellectual property rights of Program;
(i) Diluting, blurring or tarnishing the value of Program's trademarks, tradenames, and/or service marks.
(j) Sign-ups have excessive refunds and/or chargebacks.
(k) Altering the authorized linking code provided by the Program by electronic, mechanical or automated means or other technologies, currently available or which may become available in the future. Causing the modification or substitution of the linking code on URLs belonging to or identified with accounts other than your own.
(l) Publishing, transferring, reassigning, disclosing, distributing, leasing, renting or selling your account.
(m) Prohibited Advertising as stated in section 7.
(n) Providing false or incomplete information during the Program's registration process such as a false address or fraudulent banking information.
5. Commissions are paid on all full unique signups that occur when a visitor clicks on your authorized linking code, is sent to the Program's authorized websites, enters his/her credit card information to join the site, the transaction is approved and the Program receives payment. The Program reserves to modify the authorized linking codes at anytime, but it will however notify you in advanced of such changes in order to allow enough time to comply. Commissions are paid as follows:
(a) The Program pays you 50%(fifty percent) for every full sign-up, including all rebills, generated by traffic sent via your non-console authorized linking code.
(b) The Program pays you 5% of all revenue from any webmasters that join the Program after visiting your authorized webmaster referral linking code. You must show activity (more than 0 sales) for each period to be paid the referral earnings.
(c) You agree that if you are in violation of this agreement, all commissions shall be forfeited. No commission shall be paid for sign-ups deemed as fraudulent, at the sole and exclusive discretion of the Program's administration.
(d) No sale shall occur when the visitor visits the website without going through an authorized linking code issued by the Program.
(e) Commissions are not credited for sign-ups or webmaster referral generated by you or someone in your organization.
(f) All commissions are in US Dollars.
6. Payouts are calculated based on commissions received during a bi-monthly period (1st-15th of each month and 16th-end of each month). Commissions are paid 30 days after the end of each period. Should any of the designated payout days fall on a non business working day, the payout is postponed until the next business working day. Commissions for a period that do not meet your set minimum payout will roll-over and be credited toward the next period until such minimum is met. If there is a discrepancy with any of your payouts, you MUST inform the Program within sixty (60) days or you are said to have waived the right to challenge the payout calculation. The Program's log files will prevail in determining the correct amount of transactions.
7. “Prohibited Advertising", which is a violation of these terms and leads to immediate termination, consists of but is not limited to the following:
(a) You may not advertise and/or send traffic from any site containing child pornography or sites that are not compliant to 18 U.S.C. 2257. We maintain a zero tolerance policy towards anything related to child pornography and reserve the right to cooperate with law enforcement authorities in any child pornography investigations.
Additionally, pursuant with 18 U.S.C. 2257, we will not provide copies of our model IDs to secondary producers. Therefore, we will not provide or allow the usage of downloadable content that is construed as "Sexually Explicit" for the promotion of our sites, or allow the usage of banners or picture content that is construed as "Sexually Explicit". This policy covers all accounts holders, no matter their geographical location.
(b) You may not send traffic from websites containing materials which constitute an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or other rights.
(c) False advertising such as statements, photos, graphics, videos promising features and content that are not available by the Program's website to members is not permitted.
(d) Advertising our products and sites to minors is not tolerated.
(e) The Program does not accept sites and links from sites that endorse actual, implied or simulated: bestiality, obscene, rape, torture, child porn as well as warez, mp3 and password selling or trading.
(f) Sending traffic by spamming IRC, newsgroups and instant messaging networks.
(g) Any non verifiable, non opt-in emailing, bulk emailing, or advertising with bulk email services.
(h) Usage of false header information in emails.
(i) Using email to Promote the program without pre-approval from the Company.
You will not be paid for commissions received via methods deemed as Prohibited Advertising.
8. The Program grants a limited nonexclusive, nontransferable and revocable license to use the Program and the websites/products' trademark names, service marks, logos, and to access, download and use promotional banner hypertext links, video, sound, photo content and any other form of intellectual property provided by the Program, on your website(s) for the exclusive purpose of advertising, marketing or promoting ONLY the websites and products of the Program; however, the license herein granted shall automatically and immediately cease upon the termination or breach of any term in this agreement. You may not copy, reproduce, alter, modify, change, broadcast, distribute, transmit, disseminate, sell or offer for sale the materials, in any manner, anywhere in the world, without the express written consent of the Program. You are not allowed to remove, obstruct or make any change to the watermarks on the promotional materials, photographs, screenshots and videos.
9. United States residents and corporations, and foreign participants who are residents of the United States, are required to provide a completed and signed United States Department of Treasury Internal Revenue Service Form W-9 setting forth information including a United States Federal taxpayer ID Number or Social Security Number.
10. You will be solely responsible for the development, operation and maintenance of your site and for all 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 otherwise illegal.
11. You and the Program 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 have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site(s) or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the Program and the Program expressly disclaims responsibility for any conduct by you in violation of the terms of this agreement.
12. You hereby represent, warrant and covenant 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. You further represent, warrant and covenant that the execution, delivery and performance by you of this agreement is within your legal capacity and power, has been: (1) duly authorized by all requisite actions taken on your part; (2) does not require the approval or consent of any other individuals or entities; (3) does not violate nor constitute a default under any provision of law, rule, regulation, order, judgment, or decree to which you are subject or which is binding upon you; and (4) does not violate the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or similar entity provide the Program with notice that you have engaged in unlawful conduct , the Program reserves the right to cooperate in any investigation relating to your activities, including the disclosure of your account information in connection therewith.
13. 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 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 Company, customer and vendor lists relating to Company and any members of the 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. Should you received a court notice, complaint or subpoena requesting or seeking to compel disclosure of Confidential Information, you shall immediately inform the Company and the Company shall have the right, and be given the opportunity, to obtain a protective order to prevent disclosure of such Confidential Information.
14. You hereby agree to indemnify, defend and hold harmless the Program, its shareholders, subsidiaries, 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"), insofar as such losses (or actions in respect thereof) arise out of or are based on (a) any claim or threatened claim that our use of your trademark(s) infringes on the rights of any third party; (b) the breach of any promise, covenant, representation or warranty made by you herein; or (c) or any claim related to your site. 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 commissions paid or payable to you under this agreement.
15. If any provision of this Agreement is held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect. The parties shall in good faith attempt to modify any invalidated provision to carry out the stated intentions in this Agreement. The waiver of any breach of any provision under this Agreement by any party shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.
16. Neither party may assign this Agreement without the prior express written permission of the other party. Notwithstanding the foregoing, consent of the other party shall not be required for assignment or transfer made by (a) operation of law, or (b) to an entity that acquires substantially all of the party's stock, assets or business; notice of assignment or transfer is required. Your use of the Program is irrefutable acknowledgement by you that you have read, understood and agreed to each and every term and provision of this Agreement.
IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU WERE AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT.
PO Box 334
New York City, NY 00748
This agreement was last updated on: Monday, Feb 23, 2015