Affiliate Terms And Conditions:
1. This Affiliate Terms and Conditions Agreement (the "Agreement") is entered into by and you (hereinafter referred to as the "You" , "Affiliate" and/or "Webmaster") and Pleasant Hill Media LTD, doing business as "WeAreHairy.com." (hereinafter referred to as "We", "WeAreHairy.com" and/or "WeAreHairy").
2. By clicking on 'I accept' and 'create account', the affiliate is entering into this legal agreement with WeAreHairy.com and affirmatively stating that same has read, understands and accepts the agreement and as such agrees to be bound by the terms and conditions set forth herein. Affiliate cannot become a member of the WeAreHairy Affiliate Program unless accepting each and every term and condition herein.
3. In order to enroll and participate as a webmaster in the WeAreHairy Affiliate Program, the affiliate must be over eighteen (18) years of age and/or over the age of majority if residing and/or conducting business in states, provinces or countries where the age of majority is greater than eighteen (18) years of age. The affiliate may not participate in the WeAreHairy affiliate program in any manner if not of the age of majority in the state, province or country where residing and/or conducting business. If at any time, WeAreHairy.com discovers that an affiliate is under 18 years of age and/or under the age of majority, the affiliate's account shall be cancelled and all monies due will be forfeited as partial damages for violation(s) of the terms and services of the Agreement.
4. The Agreement and the provisions hereof, shall be in full force and effect commencing on the date accepted by WeAreHairy.com and exist until terminated by either party in accordance with the provisions set forth herein.
Affilaite Program, Compensation And Benefits:
5. Webmaster is paid a commission of 50% per person who connects from Webmaster Links on Webmaster Affiliate Site to a WeAreHairy.com Site and who signs up for a monthly recurring membership, and 50% on each recurring membership for the life of that membership.
6. A signup is defined as a paid membership subscription to the WeAreHairy.com from a valid referral that does not result in a refund of membership and is not in violation of the terms of this agreement.
7. WeAreHairy.com can not accept traffic from the following countries: AF, AZ, BH, CN, CU, DO, GH, ID, IN, IQ, IR, KG, KZ, LV, LY, MA, MU, NG, NI, NP, OM, PK, RO, RS, TT, UA, VN, VE.
8. Commission will be paid only if the visitor of the WeAreHairy Site can be tracked by our system from the time of the Link to the time of the sale. In other words, Affiliate will receive no commission if a visitor arrives at a WeAreHairy Site via Affiliate Site without subscribing to any services, navigates away from the WeAreHairy Site, and later returns to the WeAreHairy Site other than from Affiliate Site and subscribes to a membership.
9. Affiliate is responsible for any fraudlent transcations he might refer and all fines imposed by biller for such transactions will be deducted from Affiliate payout. Current fines (subject to change without further notice) are $15 for every void/refunded transaction, $35 for chargeback. Should fraudlent transactions of affiliate account go over acceptable threshold (1%, subject to change without further notice) affiliate account be immideately terminated without any payouts.
10. Affiliate acknowledges and agrees that they shall not be entitled to a commission or referral fee for any and all referrals, which are in breach/violation of the terms of this agreement. Affiliate also acknowledges and agrees they shall not be entitled to a commission or referral fee from WeAreHairy.com for any subscription, which WeAreHairy.com in its sole and unfettered discretion determines, is the result of possible fraudulent activity. In addition, affiliate and/or affiliate's family members, employees and/or business partners of the affiliate are not eligible as sign ups and any attempt to refer ineligible individuals to the program will result in immediate account termination.
11. WeAreHairy.com reserves the right to determine the manner in which payments shall be processed. Generally, the pay period shall be split into two monthly periods: from the 1st of the month to the 15th of the month and from the 16th of the month to the last day of the month. Generally, payments shall be made 30 days after the end of pay period. First payment is sent 30 days after end of pay period and subsequent payments are sent every 2 weeks thereafter. Affiliate payouts can only be made when affiliate commission reaches the minimum payout amount selected by affiliate minus payout/handling costs and only by payment methods currently available to WeAreHairy.com. If affiliate commission is below chosen minimum it will be rolled over to the next payment period until it reaches minimum payout set by Affiliate. Payouts below set minimum are not possible and no exceptions can be made under any circumstances.
12. All payments are made in U.S. dollars ("USD"). Affiliate agrees to use payment methods, payout minimums and assassinated costs (if any). Should any payment methods or costs change or become unavailable WeAreHairy.com will provide an email notice to all participating Affiliates. It is Affiliate's responsibility to update payment methods or minimums after such email notification was sent. Wire payments can not be made to accounts that use 3rd party payments processing companies (Ecoin, Epayservice, EPESE, ePayments and others) as well as banks in some offshore jurisdictions. Your payment details should be in either your personal name or your companies name as we reserve the right to request a scan of ID/articles of incorporation as proof of ownership of such.
Specific Grant Of License And Affiliate's Content:
13. An Affiliate is not authorized to and shall not change, modify or in any way edit WeAreHairy.com names, images, file names, trademarks, design logos, watermarks, banners, ads, descriptive logos or any other material for any purpose other than as expressly set forth herein or in any modification to this Agreement. Moreover, an affiliate shall not remove, edit, modify, alter or change WeAreHairy.com watermark in any way, nor shall they insert publicity of any kind within the videos/scenes (during, before or after). The affiliate acknowledges and understands that any breach of these provisions gives WeAreHairy.com the right to revoke one's webmaster status without notice as well as cancel the affiliate's account and all monies due will be forfeited as partial damages for violation(s) of the terms and services of the Agreement.
14. Before using members area content on Affiliate sites Affiliate should submit an application in writing for formal approval from WeAreHairy.com where Affiliate needs to state what content will be used, amount and/or duriation and specify the list of the site where the content will be published. Should affiliate start using WeAreHairy.com's members area content without such permission or in violation of initially submitted application of content use Affiliate account be immediately terminated without any payouts. All scenes/sets (videos) belonging to WeAreHairy.com and/or its subsidiaries posted/uploaded/published onto websites by the affiliate as part of the WeAreHairy affiliate program shall not run longer than three (3) minutes in total duration and do not exceed sixteen (16) pictures per scene/set. Affiliate is allowed to display up to 50 scenes/sets per one given page and up to 200 scenes/sets per domain however exclusions can be made to this by submitting a written application to WeAreHairy.com Any affiliate acknowledges and understands that WeAreHairy.com shall have the right to revoke one's webmaster status without notice as well as cancel the affiliate's account and all monies due will be forfeited as partial damages for violation(s) of the terms of scenes/sets usage above.
15. All WeAreHairy.com program benefit materials, including but not limited to all advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property provided to the affiliate by WeAreHairy.com as part of this program shall remain the exclusive property of WeAreHairy.com and may not be copied, reproduced, altered, modified, changed, broadcast, distributed, transmitted, disseminated, sold or offered for sale in any manner except as expressly authorized in writing by WeAreHairy.com. The affiliate acknowledges and agrees that nothing in this agreement shall grant the affiliate any right of ownership whatsoever in WeAreHairy's intellectual property. The affiliate agrees that it will not take any action or act in any manner that shall ruin or otherwise impair the value and the goodwill associated with the WeAreHairy brand and its property. Affiliate agrees not to use WeAreHairy's proprietary marks in a manner that diminishes its value or portray its product in a negative manner.
16. The affiliate shall not use WeAreHairy.com's images, videos or other promotional content to promote any other site except WeAreHairy.com. When using Wearehairy.com's content affiliate is not allowed to put any other ads or links on the same page to 3rd party sites that do not belong to WeAreHairy.com affiliate program. In other words, Wearehairy.com's content should be used to promote and linked to WeAreHairy.com ONLY. For example you can't make a gallery from our content and put a banner of some unrelated dating site on its bottom or you can't make banners from our content and use them for toplist thumbnails of your TGP/CJ trades.
Acceptable Conduct Policy For Affiliates:
17. Affiliate acknowledges and agrees that its website(s) shall be in full compliance with Section 2257 of Title 18, United States Code, the "Records Keeping and Labeling Act" containing all information as required by Section 2257 of Title 18. Affiliate further acknowledges that it has a legal obligation to comply with disclosure provisions of the Records Keeping and Labeling Act and shall identify a custodian of records and address for each and every image appearing on the affiliate's website and/or comply with all amendments of Section 2257 of Title 18. The affiliate warrants that all content on its website shall be compliant with Section 2257 of Title 18 and all models were at least eighteen (18) years of age when content was created.
18. WeAreHairy.com abides by a ZERO TOLERANCE policy relating to "spamming". No spamming of any kind or in any form, whatsoever, is permitted to WeAreHairy.com's site as well as ANY OTHER TERMS OF BULK COMMUNICATION. Affiliates are prohibited from engaging in any bulk email/IM/other promotions to disseminate their profiles or any other information about www.wearehairy.com regardless of how the recipient addresses are acquired, generated or obtained.
19. WeAreHairy.com abides by a ZERO TOLERANCE policy relating to any illegal content. Child Pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated by WeAreHairy.com. Should an affiliate send hits or cause hits to be sent from any site which contains Child Pornography, bestiality, rape, torture, snuff, death of any other type of obscene and/or illegal material, status as Webmaster will be revoked without notice and account cancelled and all monies due to the affiliate will be forfeited as partial damages for violation(s) of the terms and services of the Agreement.
20. WeAreHairy.com does not accept traffic from any site that contains materials which constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc. If Affiliate sends hits or cause hits to be sent from any site which constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights, the status as Webmaster will be revoked without notice and your account cancelled and all monies due to you will be forfeited as partial damages for violation(s) of the terms and services of the Agreement. Furthermore, should an Sffiliate website contain any material which in WeAreHairy's sole discretion constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc., WeAreHairy.com shall revoke the webmaster's status without notice and terminate the account and all monies due to the affiliate will be forfeited as partial damages for violation(s) of the terms and services of the Agreement.
21. WeAreHairy.com shall not tolerate any form of deceptive, unfair and/or false advertising by an affiliate and all such practices are prohibited.
22. WeAreHairy.com shall not tolerate any spyware or ad-aware and shall not accept referrals obtained through Spyware or ad-ware and all other software which sends data back to the user with his/her knowledge and/or consent.
23. The Affiliate acknowledges and agrees not to purchase and/or register any Uniform Resource Locator (URL) or world wide web address that contains any of WeAreHairy.com's trademarks or URLs or that contain any terms that are confusingly similar to WeAreHairy.com's trademarks or URLs.
24. The affiliate acknowledges and agrees not register any URL or world wide web addresses, social network, blogging or any other site account that consist of, or contain, common or likely misspellings of our trademarks or our URLs.
25. The affiliate acknowledges and agrees not to purchase, bid, or otherwise obtain keywords based upon WeAreHairy.com trademarks on search and PPC engines (google.com, yahoo.com, msn.com, etc. and other search/ppc/traffic engine.
26. WeAreHairy.com reserves the right to cancel any Webmaster's account that has an unusually high number of charge-backs and refunds as decided in the sole and unfettered discretion of WeAreHairy.com. Any monies, which are due to any Webmaster whose account has been terminated due to charge-backs and refunds, will be forfeited as partial damages under the terms of this agreement.
27. The Affiliate acknowledges and agrees that WeAreHairy shall have the right to revoke the webmaster's status without notice and terminate the account and all retain monies due to the affiliate as partial damages for violation(s) of the terms and conditions of the Agreement if in WeAreHairy's sole and unfettered discretion, the affiliate has violated any of the terms of the agreementIn the event that the WeAreHairy terminates this Agreement for breach, Affiliate shall not be entitled to receive any further commissions or payments, including commissions earned prior to the date of termination. Further, upon termination, Affiliate shall immediately cease using any marks and Materials referring to or supplied by the Publisher, including banners and promotional Materials.
28. Affiliate accounts terminated by WeAreHairy due to a violation of the terms and conditions set forth herein, cannot re-apply to the WeAreHairy Affiliate Program without the written consent of WeAreHairy. Subject to the restriction, the present Agreement will be binding on and enforceable against parties and their respective successors and assigns. Failure by WeAreHairy to enforce strict performance of any provision in the Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
29. Affiliate acknowledges and agrees that WeAreHairy.com shall have the right, in its sole and exclusive discretion, at any time during the term of this agreement, to expand or modify what it determines to constitute possible fraudulent activity.
30. WeAreHairy.com reserves the right to cancel this program at any time by providing thirty (30) days notice to all participating Affiliates. WeAreHairy.com shall also have the right to terminate this Agreement and cancel an Affiliate's account, if an Affiliate has not produced any new sign ups during a three (3) month period of time.
Disclaimer And Limitations:
31. WeAreHairy.com shall not be liable for any losses due to server downtime, net congestions and any and all similar and like occurrences or difficulties.
32. WeAreHairy 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 Affiliate Program, even if WeAreHairy.com have been advised of the possibility of such damages. Furthermore, WeAreHairy's aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to the affiliate under this Agreement.
33. The parties to the agreement shall not be liable or be considered in breach or default under the Agreement on account of delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond the party's reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence, including but not limited to acts of God; wars, riots, acts of civil or military authority, terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; strikes, etc.
34. The terms and conditions of this Agreement are subject to change by WeAreHairy.com at any time in its sole discretion. You shall be provided reasonable notice of any such changes by e-mail to your address on our records or by posting the changes on the site and such shall be considered sufficient notice for notifying you 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 commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following WeAreHairy's posting of a change notice or new agreement on the site, will constitute binding acceptance of the change and shall constitute confirmation of Webmaster's acknowledgement and assent to any such modifications. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.
35. Nothing in this Agreement shall be construed so as to create a relationship of partners, any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on behalf of WeAreHairy.com. Affiliate will not make any statement, whether on their website or otherwise, that would reasonably contradict anything in this Section. Affiliate is not an agent of the WeAreHairy.com and WeAreHairy.com expressly disclaims responsibility for any conduct by affiliate in violation of our terms of agreement.
36. Affiliate hereby represents and warrants to WeAreHairy.com that this Agreement has been duly and validly executed and delivered by the affiliate and constitutes said affiliate's legal, valid and binding obligation, enforceable against affiliate in accordance with its terms; and that the execution, delivery and performance by the affiliate of this Agreement are within their legal capacity and power; have been duly authorized by all requisite action on their part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which affiliate are subject or which is binding upon affiliate, or (ii) the terms of any other agreement, document or instrument applicable to affiliate or binding upon the affiliate. Should any law enforcement agency or internet service provider provide WeAreHairy.com with notice that the affiliate has engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, WeAreHairy.com reserves the right to cooperate in any investigation relating to affiliates activities including disclosure of affiliates r account information in connection therewith.
37. The Affiliate may not assign this Agreement including the rights and obligations to any third party without the prior express written approval of WeAreHairy.com.
38. Affiliate hereby agrees to indemnify, defend and hold harmless WeAreHairy.com, its shareholders, 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 WeAreHairy (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by the affiliate herein; or (iii) or any whatsoever claim related to affiliate site.
39. This Agreement shall be binding; the failure of WeAreHairy.com to enforce the strict performance of the terms of any provision of this Agreement shall not be deemed a waiver of the right of WeAreHairy.com to subsequently strictly enforce any provision of this Agreement. This Agreement constitutes the entire agreement between the affiliate and WeAreHairy.com. If for any reason a court of competent jurisdiction finds that any provision of this Agreement, or portion thereof, to unenforceable, in whole or in part, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement and the remainder of this Agreement shall continue in full force and effect.
40. By signing up to the affiliate program, and by supplying WeAreHairy.com with all the required information to sign up as a Webmaster, the affiliate is acknowledging that they have read and agreed to all of the terms and conditions, promises, warranties, duties and obligations set forth in the above agreement and agree to be bound by the terms thereof.
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