 Adult
Webmaster Affiliate Program Terms
& Conditions  |
.................................................................................................................................................................................................................................................................................
This
Agreement contains the complete terms and conditions
that apply to your participation as a member of the
ClubJk Program (the “Program”) operated
by Club Jk, Inc. (hereinafter, “Company,”
“we” or “us”). As used in
this Agreement, “you” or “your”
means the applicant/participating member.
THIS
IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY CHECING
THE “I AGREE” BOX 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.
Enrollment in this Program. |
To
begin the enrollment process, you will submit a completed application
through our website http://www.clubjk.com We will evaluate your
application in good faith and will notify you of your acceptance
or rejection. We will reject your application if we determine
that you have provided inaccurate or incomplete signup information,
determine that you are under 18 years of age (21 in some jurisdictions)
or determine that your site is unsuitable for the Program for
any reason, including, but not limited to, if your site incorporates
images or content that is unlawful, defamatory, obscene, harassing
or otherwise objectionable, such as sites that facilitate illegal
activity or promote violence or promote or assist others in
promoting copyright infringement (collectively, “Content
Restrictions”). Again, you must be at least eighteen (18)
years of age (or older if legal age of majority is more than
18) to participate in this Program. |
2.
Utilizing Links on Your Site. |
| As
an affiliate website of COMPANY (“Affiliate Site”),
you may use any form of promotion you choose, consistent with
the terms of this Agreement. You may use banner advertisements,
button links and/or text links to our site (the “Links”),
however, you cannot employ deceptive language or misleading URL's
in the Links, and you CANNOT MARKET BY SENDING UNSOLICITED BULK
E-MAILS!!! (As used herein, UBE, or “Spam” refers
to the transmission of unsolicited bulk e-mails, i.e., not derived
from a verifiable opt-in program or sent absent a prior business
relationship with the recipient). Any activity by you or on your
behalf that we determine or reasonably suspect to be the result
of an unsolicited bulk e-mail program will result in your immediate
termination from the Program and your forfeiting of monies otherwise
due you hereunder. (For further guidelines on this topic, please
see Section 5, below.) Allowable promotional links may contain
COMPANY's trade names, service marks, and/or logos for display
on your Affiliate Site. Subject to the terms and conditions hereof,
you are granted a limited, non-exclusive, non-transferable license
to access and download such Links and other designated promotional
materials for placement on your Affiliate Site for the sole and
exclusive purpose of promoting websites owned, operated or controlled
by COMPANY. In utilizing the Links, you agree that you will cooperate
fully with us in order to establish and maintain such Link or
Links. A Link may only be visually modified with our consent. |
3.
Commissions. |
The
Program comes in two forms of commission payout: (a) payout
based on revenue sharing, (b) payout based on signup, (c) payout
based on active memberships,
(a)
Rev Share (ClubJk Partners): We will pay you a percentage
of all monies earned from a subscribers membership.
(b)
Per Signup (ClubJk Direct): We will pay you a commission
per sign-up coming from your Links.
(c)
Active Membership (ClubJk Advantage): You will receive commission
every time you help us obtain a renewable subscription when
a trial membership renews for a full price or when initial payment
is for one month subscription or longer.
The
Commission Rate is subject to change from time to time, upon
e-mail notice to you. Note that a commission will only be paid
if the visitor to our site can be tracked by the system from
the time of the Link to the time of the sale. No commission
will be paid if the visitors payment to our site cannot be tracked
directly to your site by our system or if full payment for services
is not made to us by the customer. No commission will be paid
for signups by you or anyone within your organization. |
4.
Commission Payment. |
Commissions
due and owing to you under the Program will be paid to you directly
by COMPANY on a weekly basis for the prior weeks activity. Payments
due and owing to you for a pay period of less than $100.00 will
be rolled over into subsequent payment periods until at least
$100.00 is reached, at which time you will receive payment.
Payments will be in the form of a check in US dollars payable
to you, as identified in your application, and will be mailed
to the street address indicated in your application. You may
request and receive payment via bank wire transfer, provided,
you pay the costs associated with the wire. Payment via wire
is available only for payments of $1,000 or more for said pay
period. If you dispute the manner or amount of calculation of
your commission with regard to any given payment period, you
must inform COMPANY within sixty (60) days of said payment,
otherwise you are deemed to have waived your right to challenge
said payment calculation. |
5.
NO PASSWORD SITES |
| 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 use a illegal PASSWORD SITE to advertise
ClubJk, YOU WILL BE BARRED FROM FUTURE PARTICIPATION IN THE
PROGRAM AND ALL FUNDS OTHERWISE DUE TO YOU WILL BE FORFEITED TO
THE COMPANY. |
6.
ACCEPTABLE USE POLICY REGARDING BULK E-MAILINGS. |
We
do allow Webmasters to market websites promoted through this
Program through the transmission of bulk e-mails, however, it
is extremely important that any such mass e-mailings by you
conform to our policies. Moreover, you need to be aware of the
fact that many service providers, such as America Online, Inc.
(AOL), have their own standards and policies when it comes to
mass mailings to their members. By way of example, please familiarize
yourself with AOL's policy, as most mass mailings will reach
at least some, and potentially many, AOL members (e.g., --------@aol.com)
http://www.aol.com/info/bulkemail.html.
The
marketing of websites promoted by this Program is strictly prohibited
if done through the transmission of unsolicited bulk email.
In other words, you must have a prior business relationship
with the e-mail recipient, including but not limited to having
obtained their e-mail address through a verifiable opt-in procedure.
We strongly encourage you to maintain electronic records of
the manner in which you obtain e-mail addresses for use in mailings.
This is because, if we receive a complaint from a person who
received a promotional e-mailing from you, you will need to
demonstrate to us that such person did not receive unsolicited
bulk e-mail from you. We also strictly prohibit you from transmitting
e-mail that makes use of or contains invalid or forged headers,
invalid or non-existent domain names or other means of deceptive
addressing (“counterfeit e-mail”). Do NOT do this.
We also strictly prohibit you from transmitting e-mail that
is relayed from any third party's mail servers without the permission
of that third party, or which employs similar techniques to
hide or obscure the source of the e-mail. Do NOT do this.
The transmission of unsolicited bulk e-mail, including the transmission
of counterfeit e-mail, may result in civil and criminal penalties
against the sender under applicable federal and/or state law.
We do NOT authorize the harvesting or collection of screen names
from any ISP service (for example, AOL) for the purpose of sending
unsolicited e-mail, and will terminate without pay any webmaster
determined to have transmitted bulk emails advertising any websites
marketed through this Program to lists gathered by such methods.
Should we determine, in our sole discretion that you have violated
this AUP, be assured that you will be terminated immediately,
will be ineligible to sign up for another account, will not
be paid for any traffic or subscriptions generated prior to
the date of termination; and your registration information may
be turned over to complaining parties (including AOL).
HOW
TO REPORT UNSOLICITED BULK E-MAIL
If
you believe you are the recipient of unsolicited bulk e-mail
from a person or company advertising websites under this Program,
please follow this procedure:
Please send your UBE complaint to COMPANY through its Customer
Service Representative, Net Management Services, LLC. The best
and easiest way to do this is by forwarding the offending e-mail
to abuse@clubjk.com. If you cannot forward the UBE, simply
send an e-mail to abuse@clubjk.com. In either case, please include
your name, address, telephone number and any information you
may have about the identity of the person or entity that sent
the UBE to you. You may be able to collect information about
the sender from the e-mail itself, for instance, by examining
the e-mails “header,” by examining the webpage or
by running a whois query against the webpage domain. |
| 7.
Non-Exclusive Limited License and Use of Affiliate Logos and Trademarks. |
| You
grant us a non-exclusive license to utilize your names, titles
and logos, trademarks (collectively the “Affiliate Trademarks”),
to advertise, market, promote and publicize in any manner our
rights hereunder. Notwithstanding anything herein to the contrary,
we shall not be required to so advertise, market, promote or publicize.
You hereby represent and warrant that you are the sole and exclusive
owner of the Affiliate Trademarks and have the right and power
to grant to us the license to use same in the manner contemplated
herein, and such grant does not or will not (i) breach, conflict
with or constitute a default under any agreement or other instrument
applicable to you or binding upon you, or (ii) infringe upon any
trademark, trade name, service mark, copyright, or other proprietary
right of any other person or entity. This license shall terminate
upon the effective date of the expiration or termination of this
Agreement. |
| 8.
Responsibility for Your Site. |
You
will be solely responsible for the development, operation and
maintenance of your site and for all materials that appear on
your site. You are not COMPANY's agent, and we shall have no responsibility
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. You must have
express permission to use another party's copyrighted or other
proprietary material. We will not be responsible if you use another
party's copyrighted or other proprietary material in violation
of the law. In addition to the foregoing, we will immediately
terminate your participation in the Program if we believe you
have engaged in any of the following:
- Unsolicited bulk e-mail (see Section 5, above), IRC postings,
forged header mailings or any other form of mailing, including
but not limited to, newsgroups or AOL customers or otherwise violate
the anti-UBE policies of ISPs or state law;
- Provide inaccurate or incomplete information to COMPANY concerning
your identity, bank account, address or other required information;
- Attempt to cheat, defraud or mislead us in any way;
- Misrepresent to the public the terms and conditions or content
of our sites or your sites;
- Promote passwords, MP3, or Warez;
- Own or operate a website in connection with a person who is
under 18 years of age; or
IN SHORT, WE EXPECT ~ INDEED, DEMAND ~ THAT YOU ACT WITH THE HIGHEST
ETHICAL STANDARDS UNDER THIS AGREEMENT |
| 9.
Test Joins |
| ClubJk
does not pay for affiliate test joins. We have no problem with
you testing your account by joining yourself. But you must notify
ClubJk by Email. Please Email us the site, date and username
you joined with, so we can cancel the join and payment. We will
not pay on a join we feel is a test join. |
| 10.
Procedure Relating to Alleged or Actual Third Party Rights Infringement
by a Participating Webmaster. |
Upon
COMPANY's receipt of a proper notice of alleged copyright, trademark,
service mark or publicity rights violation by Your participating
website (the Notice of Infringement Form used by COMPANY can be
found at TCGII Infringement Form, COMPANY will notify You and
ask that You provide written documentation of your right to use
the allegedly infringing material in your website. That documentation
must be: (a) a license of the rights; (b) consent from the rights
holder or their agent; or (c) a written statement from You or
Your attorney (in either email or fax form) explaining Your claim
to have a lawful right, or a legal defense, to display the allegedly
infringing material.
If You do provide COMPANY with appropriate rights documentation
(a, b or c, above), COMPANY will forward that documentation to
the rights holder or their agent, as appropriate. Should the rights.
holder/agent not be satisfied, COMPANY will provide the rights
holder/agent with Your contact information in order that they
may contact You and pursue any remaining dispute with You directly.
If you fail
to provide the COMPANY an appropriate written response (a, b
or c, above), You will have ten (10) days from the date of COMPANY's
original notification to You to remove the complained of content.
Should you fail to remove said content within ten days, the
referring URL containing the complained of content will be blocked
and any funds otherwise due and payable to You relating to the
referring URL will be forfeited, UNTIL SUCH TIME AS YOU PROVIDE
AN APPROPRIATE WRITTEN RESPONSE. You will also be placed in
an “infringer“ database, and should repeated complaints
be made against you for rights violations, COMPANY has the right
to permanently terminate You from the ClubJk program.
HOW
TO REPORT ALLEGED RIGHTS INFRINGEMENT BY A WEBMASTER PARTICIPATING
IN THE ClubJk PROGRAM
If
you are the holder, or authorized representative of the holder,
of a copyright, trademark, service mark, or publicity right
that you have reason believe is being infringed by a third party
webmaster participating in the ClubJk program, please click
on this link, download the information page and fax or mail
the completed page as indicated: ClubJk Infringement Form. |
| 11.
Term of the Agreements. |
| The
term of this Agreement will begin upon our acceptance of your
Affiliate Program Application and will end when terminated by
either party. Either you or we may terminate this Agreement at
any time, with or without cause, by giving the other party notice
of termination. Notice by e-mail, to your e-mail address on our
records, is considered sufficient notice for to terminate this
Agreement. If this Agreement is terminated because you have violated
the terms of this Agreement you are not eligible to receive any
commissions payments, even for commissions earned prior to the
date of termination. If this Agreement is terminated for any other
reason, you are only eligible to earn a commission on sales occurring
during the term of the Agreement, and commissions earned through
the date of termination will remain payable only if the related
orders are not canceled or returned. We reserve the right to withhold
your final payment for a reasonable time to ensure that the correct
amount is paid. |
| 12.
Modification. |
| We
may modify any of the terms and conditions contained in this Agreement,
at any time and in our sole discretion. Notice of any change by
e-mail, to your address on our records, or the posting on our
site of a change notice of a new agreement, is 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 our posting of a change notice or new agreement on our
site, will constitute binding acceptance of the change. |
| 13.
Relationship of Parties. |
| You
and COMPANY 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 will have no authority to make or accept any offers or representations
on our behalf. You will not make any statement, whether on your
site or otherwise, that reasonably would contradict anything in
this Section. You are not an agent of the COMPANY and COMPANY
expressly disclaims responsibility for any conduct by you in violation
of our terms of agreement. |
| 14.
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 Affiliate 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 Affiliate Program will not exceed the total commissions paid
or payable to you under this Agreement. |
| 15.
Disclaimers. |
| We
make no express or implied warranties or representations with
respect to the Affiliate Program or any COMPANY services or other
items sold through the Program (including, without limitation,
warranties of fitness, merchantability, non-infringement, or any
implied warranties arising out of a course of performance, dealing,
or trade usage). In addition, we make no representation that the
operation of our site will be uninterrupted or error-free, and
we will not be liable for the consequences of any interruptions
or errors. |
| 16.
Representations and Warranties. |
| You
hereby represent and warrant to us 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; and that the execution, delivery
and performance by you of this Agreement are within your legal
capacity and power; have been duly authorized by all requisite
action on your 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 you are subject or which is binding upon you,
or (ii) the terms of any other agreement, document or instrument
applicable to you or binding upon you. Should any law enforcement
agency or internet service provider provide COMPANY with notice
that you have 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, we reserve the right
to cooperate in any investigation relating to your activities
including disclosure of your account information in connection
therewith. |
| 17.
Confidentiality. |
| 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 Affiliate 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 COMPANY and COMPANY
shall have the right, and be given the opportunity, to obtain
a protective order to prevent disclosure of such Confidential
Information. We make no warranty, expressed or implied, with respect
to any information delivered hereunder, including implied warranties
of merchantability, fitness for a particular purpose or freedom
from patent, trademark or copyright infringements, whether arising
by law, custom or conduct, or as to the accuracy or completeness
of the information and we shall not have any liability to you
or to any other person resulting from your or such third persons
use of the information. |
| 18.
Indemnification. |
You
hereby agree to indemnify, defend and hold harmless COMPANY,
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 us (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 that our 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 you herein; or (iii) or any claim related
to your site.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY CHECKING
THE “Sign Me Up“ BOX AT THE END OF THIS AFFILIATE
PROGRAM AGREEMENT YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND
THE TERMS SET FORTH HEREIN AND ARE INDICATING YOUR ACCEPTANCE
OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND
BY THE TERMS THEREOF.
Note: Your Affiliate Program Application will be presented upon accepting
this Affiliate Program Agreement.
By joining any of our adult entertainment sites you agree to
receive occasional announcements via email regarding your membership
Any additional questions or comments please contact sales@clubjk.com
or call our number 1-951-509-7676 |
|
|
