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THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT APPLY TO AFFILIATE’S PARTICIPATION IN THE LADYLOVED AFFILIATE PROGRAM (THE “PROGRAM”). CAREFULLY READ THESE TERMS AND CONDITIONS, WHICH REPRESENT A LEGALLY BINDING AGREEMENT BETWEEN LADYLOVED AND YOU. YOU MUST AGREE AND ACCEPT THE TERMS OF THIS AGREEMENT IN ORDER TO BECOME A LADYLOVED AFFILIATE. BY PARTICIPATING IN THIS AFFILIATE PROGRAM, YOU AGREE TO SIGN UP TO BE AN AFFILIATE IN THE LADYLOVED AFFILIATE PROGRAM AND CERTIFY THAT (A) YOU HAVE READ THIS AGREEMENT AND UNDERSTAND ALL OF ITS CONTENTS; AND (B) YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ALL DOCUMENTS, POLICIES AND PROCEDURES INCORPORATED HEREIN BY REFERENCE AND ANY POSSIBLE FUTURE AMENDMENT THEREOF OR ADDITIONS THERETO.
2. Joining the Program
2.1. The Affiliate shall register by applying to become a member of the affiliate program through the LADYLOVED website.
2.2. LADYLOVED may refuse to register Affiliate if LADYLOVED determines, in LADYLOVED’s sole discretion, that the Affiliate is unsuitable for the Program for any reason. If LADYLOVED registers the Affiliate and thereafter the Affiliate is determined (for any reason in LADYLOVED’s sole discretion) to be unsuitable for the Program, LADYLOVED may terminate the Affiliate’s participation in the Program at any time.
2.3. A rejection of an Affiliate by LADYLOVED shall not derogate from Affiliate’s right to resubmit its registration to the Program at any other time thereafter.
3. Unique Tracking Link
3.1. To permit accurate tracking, reporting, and Affiliate Fee accrual, LADYLOVED will provide Affiliate with a unique URL link (the “Link”).
3.2. Affiliate is not authorized to alter, modify or change the Link. Affiliate will only earn Affiliate Fees in accordance with this Agreement for referrals made using the Link. LADYLOVED will not be held liable to the Affiliate for any failure by Affiliate to use such Link. LADYLOVED will not be responsible for errors which may occur in the tracking of transactions if the Affiliate has made or caused any modification to the Link. LADYLOVED tracks its users by cookies. If a user does not have cookies enabled for any reason whatsoever, LADYLOVED will attempt to associate user's IP address with Affiliate for any purchases, however no Affiliate Fee can be guaranteed to be earned by Affiliate in connection with such user. Please note that the referral should ideally use the same device and browser that was used when following the affiliate link for the first time for the purpose of matching Affiliate with referrals.
3.3. AFFILIATE WILL BE SOLELY RESPONSIBLE FOR THE CONTENT AND MANNER OF ITS MARKETING ACTIVITIES, INCLUDING ITS USE OF THE LINK. ALL MARKETING ACTIVITIES MUST BE PROFESSIONAL, PROPER AND LAWFUL UNDER APPLICABLE RULES OR LAWS.
3.4. As between Affiliate and LADYLOVED, LADYLOVED shall own all right, title and interest, including all copyrights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction, in and to the Site, the Program and the LADYLOVED trademarks, service marks, trade dress, trade names, corporate name, logos and any other distinctive brand features used in or related to LADYLOVED’s business (the “LADYLOVED Marks”).
4. E-mails and Publications
4.1. If Affiliate sends, or causes to be sent, any messages or communications by electronic means, including but not limited to email and instant messages (“Emails”) in connection, directly or indirectly, with this Agreement and/or the Program, then Affiliate agrees, acknowledges, represents and warrants that all such Emails shall be in full-compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”) and the Children's Online Privacy Protection Act of 2000 (“COPPA”). 4.2. Affiliate agrees to not utilize spam in promoting LADYLOVED. LADYLOVED maintains a zero tolerance policy towards the sending of spam, including, but not limited to, unsolicited commercial Emails. Affiliate’s use of spam may result in the immediate suspension or termination of Affiliate’s account and cancellation and possible forfeiture of any pending Affiliate Fees. Affiliate will also be in violation of this Agreement and subject to legal action for any financial loss incurred by LADYLOVED as a result of Affiliate’s use of spam.
4.3. Spam is defined as including, but not limited to, the following:
4.3.1. Sending, initiating or procuring the sending of an Email to any person who has either not explicitly requested to receive such messages (or has explicitly requested to receive no further Emails) specifically from Affiliate, including without limitation for the purposes of sending unsolicited bulk email, executing any “mass mailings” or “email blasts”, or for the purpose of spamming any public forum, including without limitation, any blog, message board, classified listings, auction sites, altnet, newsnet, newsgroups, or similar service.
4.3.2. Employing any false or deceptive information regarding Affiliate’s identity, or regarding the intent, subject, or origin of the message or failing to include accurate information regarding Affiliate's identity, and the intent, subject, and origin of the Email.
4.3.3. Exploiting documented or undocumented security holes on any client or server machine.
4.3.4. Failing to (i) include clear, valid, and conspicuously displayed “From” and “Subject” lines in the Email, (ii) include a functioning return address (or hyperlink) in the Email that enables the recipient to submit a request to receive no further messages from Affiliate (“Opt Out Request”) for no less than thirty (30) days from the date the Email was sent; or (iii) honor any Opt Out Request within ten (10) days of receipt of such Opt Out Request by Affiliate.
4.3.5. Obtaining email addresses via automated means or sending any Email to any address which was obtained via automated means, including via the automated combination of names, letters, or numbers, dictionary attacks, or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy.
4.3.6. Employing any fraudulent, deceptive, false or misleading information in connection with Emails.
4.3.7. Sending any commercial marketing Email or promotion to, or collecting any personally identifiable information from, any person who is under eighteen (18) years of age.
4.4. Affiliate may use the Link within Emails that Affiliate sends to registered users of the websites owned, controlled or used by Affiliate (the “Affiliate Site”) or through other marketing channels in accordance with this Terms of Service Agreement from time to time.
4.5. Affiliate shall comply with any and all regulations, statutes and applicable laws of the United States or any other state, country or jurisdiction in which it acts related to Email, electronic communications, and its performance under this Agreement. It is Affiliate’s and not LADYLOVED's responsibility to be aware of all such regulations, statutes and laws.
4.6. Failure by Affiliate to abide by this Section 4, CAN-SPAM Act or COPPA, in any manner, will be deemed a material breach of this Agreement by Affiliate and foreclose any and all rights Affiliate may have to any Affiliate Fee.
5. Prohibition on Sponsored Links
5.1. Affiliate shall not use, procure, bid on, or otherwise arrange for any link offered, created, or displayed for a fee (whether on a “cost-per-click” basis, commission, or any other commercial arrangement) by any internet search engine, portal, sponsored advertising service or other search or other referral service which uses search terms or key words to identify, draw attention to, or direct internet traffic to an internet site which uses or includes any of the LADYLOVED Marks, unless express permission has been granted in writing by LADYLOVED first.
5.2. Affiliate shall not register, procure, or use any internet domain name that includes any of the LADYLOVED Marks or any variations thereof.
6. Referral Fees
6.1. For each new customer that joins LADYLOVED through the Affiliate’s Link (a “Referred User”) and buys a subscription, Affiliate shall be entitled to receive a percentage of such Referred User's payment to LADYLOVED (the “Affiliate Fee”). The Affiliate Fee will follow a structure as outlined on the Affiliate’s portal.
6.2. During the Term of this Agreement, LADYLOVED shall keep track of all Referred Users. If within a period of one hundred and eighty (180) days from a Referred User’s first use of the Link such Referred User has not submitted payment to LADYLOVED, then the Affiliate will not be entitled to any Affiliate Fees on behalf of such Referred User, even if such Referred User later submits payment to the site. Please note that a visitor that joined LADYLOVED within 180 days after visiting Affiliate’s Link should ideally use the same device and browser, although LADYLOVED will make a reasonable effort to match IP addresses to purchases for the purpose of awarding Affiliate Fees.
6.3. The Affiliate Fee is payable to an Affiliate for any eligible purchase of LADYLOVED products by a Referred User.
6.4. For clarity, the Affiliate Fee shall only be earned with respect to Referred Users that have not previously purchased from the Site. In the event that a Referred User links to the Site from more than one Affiliate Link, any Affiliate Fee associated with such Referred User shall be payable solely to the Affiliate whose Link such Referred User clicked first.
7. Affiliate Fee Payment and Reporting
7.1. LADYLOVED will provide a summary of the sales activity of the Referred Users for purposes of calculating the Affiliate Fees, which will be available to Affiliate online, under password protection at the Site. The form, content and frequency of updates to the summary shall be determined by LADYLOVED at its sole discretion.
7.2. Affiliate Fees will be added to Affiliate’s account balance. Affiliate Fees are paid out between the first and fifth day (the "Payable Period") of each month, following the affiliate’s first full registered month. In the event that the Affiliate does not have at least $10 in payable Affiliate Fees, then Affiliate Fees will be rolled into the following Payable Period.
8. LADYLOVED Transactions Processing Services Policies and Pricing
8.1. LADYLOVED reserves the right to reject transactions with Referred Users that do not comply with any reasonable requirements that LADYLOVED may periodically establish.
8.2. LADYLOVED will track purchases generated by Referred Users referred through the Link. To permit accurate tracking, reporting, and Affiliate Fee accrual, the Affiliate shall ensure that the Link is properly formatted. LADYLOVED will not be responsible for improperly formatted Links.
8.4. LADYLOVED will use commercially reasonable efforts to present current and accurate information, but cannot guarantee the availability or price of any particular product.
9. Affiliation Term and Termination
9.1. The term of Affiliate’s participation in the Program shall commence upon Affiliate’s registration for the Program and acceptance of this Agreement and shall end upon termination notice provided by either party in accordance with the provisions of this Section 9 (the “Affiliation Term”).
9.2. Either party may terminate the Affiliation Term at any time, with or without cause, by giving the other party written notice of termination. If you wish to terminate this Agreement or your Affiliate account, please write us at email@example.com. Cancellation may result in the immediate deletion of any Content concerned with the Affiliate Program. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9.3. Termination of the Affiliation Term will result in the deactivation or deletion of the Affiliate’s account or its access to the Affiliate account in the Site. LADYLOVED will make reasonable efforts to pay out all remaining commissions to Affiliate prior to termination of Affiliate account, but cannot guarantee payment in the event of account termination.
9.4. Upon the termination of the Affiliation Term for any reason, Affiliate shall – if requested – promptly remove all Links and other Program related content from Affiliate Site or any other communication means used by the Affiliate. Affiliate will – if requested – immediately cease use of, and remove from Affiliate Site, all links to the Site, all of the LADYLOVED Marks, and all other materials provided by or on behalf of LADYLOVED to the Affiliate pursuant here to or in connection with the Program.
9.5. Sections 4.5 and Sections 9 through 15 of this Agreement and any other provisions that by their express terms do, or by their nature should survive termination of the Affiliation Term, shall continue to be in force despite the termination of the Affiliation Term.
10.1. LADYLOVED may disclose to Affiliate certain information as a result of Affiliate’s participation in the 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 (i) any modifications to the terms and provisions of the Program made specifically for the Affiliate or Affiliate Site and not generally available to other affiliates of the Program; (ii) price guidelines, future service releases, trade secrets, know-how, inventions, processes, programs, schematics, data, pricing and discount schedules, customer lists, financial information and sales and marketing plans relating to LADYLOVED or LADYLOVED's services or products. Confidential Information shall also include any information that LADYLOVED designates as confidential during the term of this Agreement. Confidential Information shall not include information which is: (a) previously known to the other party without obligation of confidence or without breach of this Agreement; (b) which is publicly disclosed (other than by the Affiliate) either prior or subsequent to the Affiliate's receipt of such information; (c) is rightfully received by Affiliate from a third party without obligation of confidence; or (e) that is required to be disclosed by the other party by law or by the order of a court or similar judicial or administrative body.
10.2. Affiliate shall at all times, both during the Affiliation Term and at all times thereafter, keep and hold such Confidential Information in the strictest confidence, and shall not use such Confidential Information for any purpose other than as may be reasonably necessary for the performance of its duties pursuant to this Agreement, without LADYLOVED’s prior written consent.
11. General Provisions, Responsibilities of the Affiliate, Representations and Warranties
11.1. Affiliate hereby warrants and represents that (i) if Affiliate is an individual, he/she is over the age of eighteen (18) and, and (ii) in all respects Affiliate is qualified and competent to enter into this agreement.
11.2. Affiliate will be solely responsible for the development, operation, and maintenance of Affiliate Site and for all materials that appear on the Affiliate Site. Affiliate will indemnify and hold LADYLOVED harmless from all claims, damages, and expenses relating to the development, operation, maintenance, and contents of the Affiliate Site.
11.3. Affiliate hereby represents and warrants to LADYLOVED that materials posted on the Affiliate Site do not violate or infringe upon the rights of any third party, and that materials posted on the Affiliate Site are not libelous or otherwise illegal. LADYLOVED disclaims all liability for all such matters.
11.4. Affiliate agrees that during the Affiliation Term, Affiliate will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority as applicable to Affiliate, whether those laws are now in effect or later come into effect during the Affiliation Term.
11.5. Affiliate understands that LADYLOVED may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate sites that are similar to or compete with the Affiliate Site.
11.6. LADYLOVED has the right, in LADYLOVED’s sole discretion, to monitor Affiliate Site at any time and from time to time to determine if the Affiliate is in compliance with the terms of this Agreement. Any deviations from the guidelines and treatment described in this Agreement must be approved in advance and in writing by LADYLOVED.
12. Relationship of Parties
12.1. LADYLOVED and Affiliate are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
12.2. Affiliate will have no authority to make or accept any offers or representations on LADYLOVED’s behalf. Affiliate will not make any statement, whether on the Affiliate Site or otherwise, that reasonably would contradict anything in this Agreement.
13.1. LADYLOVED MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM AND THE INFORMATION TO BE DELIVERED PURSUANT HERETO, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, TRADE USAGE OR FITNESS FOR A PARTICULAR PURPOSE. LADYLOVED MAKES NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND ON THE SITE. THE MATERIALS ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. LADYLOVED DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION OFFERED ON LADYLOVED'S SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE.
13.2. Affiliate will indemnify and hold harmless LADYLOVED, its subsidiaries, officers, employees, agents, and third parties from and against any claims, liabilities, losses, costs, damages or expenses (including attorneys’ fees) arising, directly or indirectly, in connection with Affiliate’s operations or website or out of any disputes between Affiliate and any other party relating to this Agreement or the participation in the Program, the Site or to services or products provided by LADYLOVED.
14. Limitations Of Liability
14.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, LADYLOVED, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS WILL NOT BE LIABLE TO AFFILIATE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR ANTICIPATED REVENUE, PROFITS OR LOST BUSINESS), EVEN IF LADYLOVED, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER.
15.1. LADYLOVED may modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion. Notice of any change by e-mail, to Affiliate’s address as provided to LADYLOVED, or the posting on the Site of a change notice or a new agreement, is considered sufficient notice to Affiliate of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available Affiliate Fees, payment procedures and schedules, and Program rules.
15.2. Notwithstanding the foregoing in Section 15.1 hereof, the Affiliate Fees may be altered, modified or changed by LADYLOVED, from time to time, in its sole and absolute discretion, provided that LADYLOVED will notify Affiliate of such change as provided herein. Affiliate Fees earned prior to such change will be paid according to the conditions in effect prior to such change. Affiliate Fees earned after such change is in effect will be paid according to the new conditions as of the effective date of such change.
15.3. If any modification is unacceptable to Affiliate, its sole recourse shall be to terminate this Agreement. Affiliate’s continued participation in the Program following posting of a change notice or a new agreement on the Site will constitute binding acceptance of such change.
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