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General: Terms Of Use |
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DreamStripper Affiliate Agreement
Before you can become a participant in the DreamStripper("Program") you must first read and agree to all of the following terms and conditions. Please read the following CAREFULLY. This is a legal agreement ("Agreement") between Ensign Entertainment Inc. ("Ensign Entertainment" "we," or "us") and "YOU."
The following offer to You to participate in the Program is subject to all the terms, conditions, limitations and waivers below. You acknowledge and agree that by participating in the DreamStripper. You will be bound by all the terms and conditions in this Agreement.
1. Rights Granted To You By Us
Subject to the terms and conditions set forth in this Agreement by Us, We grant to You, the following:
1.1 The non-exclusive right to direct, refer or send visitors or users of Your Website to websites owned, operated or controlled by Ensign Entertainment.
1.2 A limited nonexclusive, nontransferable and revocable license to access and download promotional banners, hypertext links, and other promotional materials for DreamStripper created by Ensign Entertainment only for use on Your Website for the exclusive purpose of advertising, marketing or promoting websites owned, controlled and/or operated by Ensign Entertainment or services provided through Ensign Entertainment's website(s); however, the license herein granted shall automatically and immediately cease upon the termination of this Agreement.
2. Your Warranties To Us
In consideration of Ensign Entertainment providing You with DreamStripperbenefits, You agree and warrant as follows:
2.1 That You will at no time while You are participating in the DreamStripper Program, or using any materials provided to You by Us, directly or indirectly display or include on Your Website any advertising or advertising links of any kind which promote Ensign Entertainment websites or services provide through Ensign Entertainment's websites, other than those advertisements or hypertext ad links which have been pre-approved by Us, in compliance with this Agreement, and which advertise Ensign Entertainment or other sites, companies, products or other wide area network addresses which We designate.
2.2 That You will not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of "spamming" as a means of promoting Your Website or for the purpose of directing or referring users to any websites owned, operated or controlled by Ensign Entertainment. You further acknowledge and agree that We have the right to immediately, and without notice, terminate your participation in the Program if we, in our sole and exclusive judgement, conclude that you have engaged in the use of any form of mass unsolicited electronic mail solicitations, news group postings, password selling or trading, warez, IRC posting or any other form of "spamming". NOTE: WE HAVE ZERO TOLERANCE FOR SPAMMING. IF YOU SPAM, YOUR PARTICIPATION IN THE PROGRAM WILL BE TERMINATED, YOU WILL BE BARRED FROM FUTURE PARTICIPATION IN THE PROGRAM AND ALL FUNDS OTHERWISE DUE TO YOU WILL BE FORFEITED TO THE COMPANY.
2.3 That You will not copy or reproduce, alter, modify or change, broadcast, distribute, transmit or disseminate any banners, hypertext links or other promotional or advertising materials provided to You by US pursuant to this Agreement and the Program in whole or in part, in any manner, at any time anywhere in the World except as authorized by Us in writing;
2.4 That You will not, directly or indirectly, link any of the following content or material to any Ensign Entertainment website through any hyperlinks maintained or created on Your Website:
(i) Obscene material; including without limitation to any material depicting bestiality, rape, or torture.
(ii) Any material which is displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors;
(iii) Any material which constitutes child pornography or matter which involves depictions of nudity or sexuality by an age inappropriate-looking performer (i.e. someone who looks younger than 18 years of age), or by a performer who is portrayed or made to appear to be a person under the age of 18 years of age by virtue of the script, make-up, demeanor, costuming, setting, etc;
(iv) Any material which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;
(v) Any material which constitutes an infringement, misappropriation or violation of any person's rights of publicity, privacy rights or any person's intellectual property rights, including but not limited to copyrights, trademark and service rights;
(vi) Any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature, regardless whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person;
(vii) Any material which contains any solicitation for prostitution, or which promotes or facilitates Adult Websites, Incentive Based Websites, Warez Websites or the hacking, cracking or the downloading or trading of unauthorized MP3 audio files or other copyrighted materials of any sort.
(vii) Any material not fully in compliance with 18 U.S.C. Sec. 2257 et seq.;
2.5 That You shall remain a Program Participant until You terminate participation in the program by notifying Ensign Entertainment by E-mail at support@DreamStripper.com of Your intent to terminate Your participation; or Your participation in the Program is terminated by Ensign Entertainment for any reason; or the Program is terminated by Ensign Entertainment for any reason.
2.6 That You will remain a Program Participant in good standing at all times You are receiving benefits or are otherwise participating in the Program.
2.7 That You shall cease to be a Participant in good standing and shall be subject to immediate termination of all Benefits without prior notice if You fail to perform under or breach any part of this Agreement.
2.8 That if Your participation in the Program is terminated for any reason, You cease to be a Program Participant in good standing, You change Your Website's URL or You cease to offer services on the Internet, You shall immediately and permanently cease all use of all materials provided to You by Us through the Program and that you will remove all files containing materials provided to You pursuant to the Program from your website.
2.9 That You are a person over the age of eighteen (18) years.
2.10 That You are the person who owns or is otherwise is entitled to contract on behalf of the entity which owns the rights to the Your Website.
2.11 That you will supply Ensign Entertainment with a Federal Tax ID or Social Security Number when requested, and that Your failure to supply that information will constitute a basis for terminating this Agreement and for forfeiting any commissions or fees to which you would otherwise be entitled under this Agreement.
2.12 That upon termination of this Agreement you will immediately cease using Ensign Entertainment marks and remove any materials supplied to you by Ensign Entertainment or referring to Ensign Entertainment, including without limitation any banner ads, from Your Website.
2.13 That all Your warranties, indemnities and obligations, which by their nature are designed to survive termination, shall extend beyond the termination of this Agreement.
3. Limitations Of Your Participation In The Program
You acknowledge and agree that the Program, Your participation in the Program and Program Benefits are subject to the following limitations:
3.1 Only persons over the age of eighteen (18) years may participate in the Program.
3.2 Ensign Entertainment shall at all times have the right, in its sole and exclusive discretion, to modify and/or terminate the Program and any and all Program Benefits associated with Program at any time, and may do so with or without prior notice or cause.
3.3 Ensign Entertainment has the right to terminate Your's and any other person's participation in the Program at any time and may do so with or without prior notice or cause.
3.4 Program Benefits are not transferable by You and may only be used by You in association with Your Website while You are participating in the Program and are a Participant in good standing.
3.5 All Program Benefits materials, including, without limitation, all advertising banners, hypertext links, photographic materials, recordings, video, sound, and any other form of intellectual property provided to You by Ensign Entertainment as part of this Program shall remain the property of Ensign Entertainment and may not be copied or reproduced, altered, modified or changed, broadcast, distributed, transmitted or disseminated, sold or offered for sale in any manner, at any time anywhere in the World except as expressly authorized by Ensign Entertainment in writing.
3.6 DreamStripper and DreamStripper.com are service marks or trademarks of Ensign Entertainment and all rights thereto are expressly reserved by Ensign Entertainment. Nothing herein shall be construed as a grant or assignment of any rights in any intellectual property owned by Ensign Entertainment, including, without limitation, any of its trademarks or service marks.
4. DreamStripper Benefits
For each person who becomes a subscriber to a DreamStripper website and has been tracked and verified by the software as a referral the affiliate ("you") will receive a referral fee as set forth at www.DreamStripper.com. Payouts are done monthly with a minimum payout of $100.
4.1 A "referral" from Your Website which entitles You to a "referral fee" shall be defined as follows:
(i) A person who has been directed to a website controlled or operated by Ensign Entertainment through the use of a banner ad or hypertext link supplied by Ensign Entertainment as part of the DreamStripper( hereinafter referred to as "Authorized Link") that resides on Your website and which automatically connects any person who clicks on said Authorized Link to a Ensign Entertainment website; and
(ii) A person who, after having been directed to a website owned or operated by Ensign Entertainment through the use of an Authorized Link, clicks through to an Advertiser listed on Ensign Entertainment's website (hereafter defined as a "unique click-through to an Advertiser").
4.2 You acknowledge and agree that Ensign Entertainment shall have the right to deny or withhold payment from You and to terminate You from the program if the Ensign Entertainment determines that You have directly or indirectly engaged in, or encouraged fraudulent activity. You further acknowledge and agree that Ensign Entertainment shall have the right, in its sole and exclusive judgement, to determine what constitutes fraudulent activity and whether Your conduct, directly or indirectly constituted or encouraged fraudulent activity. The Ensign Entertainment's determination that fraudulent activity has or is occurring shall be conclusive as to that issue.
4.3 You acknowledge and agree that Ensign Entertainment shall have the right to terminate the program at any time, for any reason, or for no reason at all, in its sole and absolute discretion.
4.4 All referral fees due and payable hereunder shall be payable in United States Dollars.
4.5 The referral fees payable as part of the Program shall be listed at the link located at www.ensigngames.com/affiliate website, and Ensign Entertainment reserves the right, in its sole and exclusive discretion, at any time to alter or modify the Program including the method and terms of all payment benefits to Participants. Any changes posted link set forth above shall be binding upon all Participants, including You, immediately upon posting said changes at that link by Ensign Entertainment. It shall be Your sole obligation to check the link to determine if there have been any changes in the Program.
5. No Joint Or Collaborative Venture; No Monitoring Or Control Of Your Content By Us
Nothing in this Agreement is intended by Us or You to create or constitute a joint or collaborative venture or partnership of any kind between You and Us, nor shall anything in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between You and Ensign Entertainment, its employees, agents or assigns.
5.1 You acknowledge and agree that We shall have no control nor ownership interests of any kind in Your business or Your Website.
5.2 You acknowledge and agree that You shall have no financial or other interest in Ensign Entertainment or any property owned by Ensign Entertainment, its affiliates, agents, successors or assigns.
5.3 You acknowledge and agree that Your relationship with Us shall be restricted to matters pertaining to the Program exclusively and shall be governed entirely by the terms and conditions of this Agreement.
5.4 You acknowledge and agree that We have no direct or indirect control over the content of performances or services, the manner of performances or services, or the time or duration of provision of performances or services by You on, at or in association with Your Website except as specifically set forth in this Agreement.
5.5 You further acknowledge that neither Ensign Entertainment nor any employee, associate, agent, assign or successor of Ensign Entertainment shall exert or provide any direct or indirect control over, monitoring of, supervision of, prior approval of, or review of the content appearing or otherwise distributed on, at or in association with Your Website, and that You shall be solely responsible for any legal liabilities or consequences resulting from the dissemination of that content on or through Your Website.
6. No Guarantees Or Warranties Of Any Kind
You acknowledge and agree that Ensign Entertainment makes no guaranties or warranties of any kind with respect to the Program or materials provided by, through or in association with the Program, and all materials are provided to you "as is", and that use of Program and associated materials, including, without limitation is solely at Your risk. Ensign Entertainment disclaims all warranties, either express or implied including, but not limited to, express or implied warranties of merchantability and fitness for a particular purpose, with regard to the Program and any and all materials of every kind supplied to You as part of this Program.
7. Ensign Entertainment Limited Liability and Liquidated Damages
You acknowledge and agree that under no circumstances shall Ensign Entertainment, its employees, independent contractors, authors, agents, representatives, assigns and successors be liable to You, or any other person or entity, for any direct or indirect losses, injuries or incidental or consequential damages of any kind (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard to any link to any Ensign Entertainment website, or arising from or in connection with the use of the DreamStrippermaterials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of Ensign Entertainment' services, content or Program materials, including without limitation any losses due to serve problems or due to incorrect placement of HTML.
7.1 Notwithstanding the foregoing express limitations of liability, you acknowledge and agree that should Ensign Entertainment, its officers, employees, successors, or assigns be held liable to You for damages, injuries or losses of any kind, directly or indirectly resulting from Your participation in the Program, that the aggregate liability arising with respect to and under this Agreement and the Program for any and all of Your claims, injuries, damages or losses will not exceed the total referral fees paid or payable to you under this Agreement.
8. No Representations Of Success Or Profitability
You hereby confirm and acknowledge that You have unilaterally decided to enter an Internet service business and acknowledge that it is a high risk business. You further confirm, acknowledge and expressly agree that neither Ensign Entertainment, any agent or representative of Ensign Entertainment, nor any other person has at any time in the past, represented to You or has otherwise directly or indirectly communicated in any manner to You any guarantee, reassurance or any other communication of any kind regarding:
(a) the potential profitability or likelihood of success of Your participation in the Program as set forth in this Agreement or otherwise;
(b) the possibility or likelihood that use of any products and/or services provided by Ensign Entertainment pursuant to this Agreement can or will result in the recoupment of any funds expended by You for the promotion of Your Website or any other purpose; or
(c) the existence, nonexistence, size or any other characteristics of any market for any products or services which involve Your participation in the Program pursuant to this Agreement.
8.1 You expressly acknowledge and agree that the success any of its business endeavors which involve Your participation in the Program pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of advertising and promotion, Your administrative capabilities, etc., and that the ultimate success or failure of Your business rests with You and not Ensign Entertainment. You further expressly agree not to raise any claim of any kind against Ensign Entertainment and You agree to hold Ensign Entertainment harmless from any claim of loss to You directly or indirectly resulting from Your decision to participate in the Program pursuant to this Agreement.
9. No Monitoring Or Supervision Provided By Us
We shall not monitor, supervise or review, and shall not be responsible for any content appearing or otherwise distributed on, at or in association with Your Website except for that content which is supplied to You by Us, provided that said content supplied to You by Us has not be altered or modified by You or any other party.
10. Term And Termination Of Agreement
You acknowledge and agree that the term of this Agreement is at will and will begin upon Ensign Entertainment's acceptance of your Affiliate application and will end when terminated by either party. Either you or Ensign Entertainment may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
10.1 In the event that this Agreement or the DreamStripperis terminated, You shall be entitled to all unpaid commissions or referral fees earned by You prior to the date and hour of termination. However, You shall not be entitled to receive any commissions or referral fees for any "referrals" delivered or received by Ensign Entertainment after the date and time of termination.
11. Miscellaneous.
a. Construction. This agreement shall at all times be construed and interpreted in accord with the laws of the State of Illinois, United States of America.
b. Binding Effect. This agreement is binding upon the parties hereto, their respective successors, heirs, assigns, and legal representatives.
c. Entire Agreement. This agreement contains the entire agreement of the parties with respect to the matters covered by the agreement.
d. Modification and Amendment. This agreement may not be altered, amended, modified, or changed except in writing signed by all the parties hereto. No agreement, statement, or promise made by any party, to any employee, officer, or agent of any party, which is not contained herein or is not in writing signed by all the parties hereto shall be binding or valid.
e. Waiver. Waiver of a breach of any of the terms hereof or of any default hereunder, shall not be deemed a waiver of any subsequent breach or default, whether of the same or similar nature, and shall not in any way affect the terms hereof.
f. Extraordinary Circumstances. Fawcett and Assoc.'s agreements contained herein are contingent upon the conditions of manufacture, production, and distribution. Default in the performance of agreements of all parties hereto shall be excused to the extent that it results from any act of war or civil disturbance, strikes, accidents, fires, or other cause beyond his or its control.
g. Notices. Any notice accounting or statement to be given hereunder by one party to the other shall be sent by registered or certified mail, return receipt requested, postage prepaid, and properly addressed to the party at the above-stated address or at such other address as may be given to the other parties by notice given hereunder.
h. Arbitration. Any claim, dispute, or controversy arising out of or in conjunction with this agreement or any breach thereof, shall be arbitrated by the parties before the American Arbitration Association and under the rules then obtaining for that Association. Arbitration shall be initiated by written notice to the other party, stating the claim, dispute, or controversy which is to be the subject of arbitration and the relief sought. The arbitrator shall be limited in his consideration and decision to the matters stated in such notice and to matters raised in response thereto by the responding party. The arbitrator shall award to the prevailing party, in addition to any amount otherwise payable, the costs of the arbitrator and the conduct of the arbitration (but not including such party's attorney fees and expenses). The arbitration shall be held in Chicago, Illinois, unless both parties otherwise agree.
12. Assignments. This Agreement and any and all rights, powers, and entitlements may be assigned by Ensign Entertainment by written notice thereof.
13. This Agreement Shall Be Deemed To Be Mutually Drafted For purposes of construction of this Agreement, both Ensign Entertainment and You shall be deemed to have mutually drafted this Agreement and all parts thereof. This Agreement is executed in The state of Illinois, USA and all its provisions shall be governed by and construed according to the laws and judicial decisions of The state of Illinois, USA when applicable.
14. Auto Acceptance And Execution Of This Agreement
By signing on as an affiliate or sending in a request fro affiliate status or referring customers in the manner of an affiliate, You are agreeing to be bound by all of the terms, conditions, promises, warranties, duties and obligations set forth in this Agreement and Ensign Entertainment is agreeing to become a counter-party to the Agreement.
The amounts always refer to a given month
NOTE: The Break Amount is calculated per site.
The payouts are TRUE 40% - no processing fees, no reserves, no shavings!
(Note: chargebacks/returns/refunds will be deducted)
All payouts are done monthly (with a minimum payout of $100).
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