You have decided to participate in the affiliate program organized by CupidCashe (hereinafter “Affiliate Program”, “CupidCash Affiliate Program”, “Program”).
The agreement shall establish the terms and conditions of Your participation in the Program.
Enrollment and Participation in the CupidCash Affiliate Program
In order to become an Affiliate, You must set up an account in CupidCash Affiliate Program System (http://www.cupid-cash.com). the account requires that you provide bank information, full name, telephone number and other information. You must update the information in your account if any information changes.
CupidCash will evaluate Your application and will notify You whether Your application is accepted for participation in the Program according to Allowed Promotional Methods.
The Company offers several Affiliate Program option
All information submitted by Affiliate to the Company must be truthful and accurate. Failure to provide same, may result in immediate termination of Affiliate’s participation in the Program.
The Company may reject Your application after initial approval if it determines (in its sole discretion) that Your traffic sources are unsuitable for the Program. Once You are accepted into the Program, You will be able to participate in the Program subject to the terms and conditions of this Agreement. You should also note that if You are accepted to participate in the Program and Your traffic sources are thereafter determined (in Company’s sole discretion) to be unsuitable based on the criteria herein for the Program, the Company may terminate this Agreement and Your participation in the Program.
If the violation of the terms of this Agreement by an Affiliate is a violation of law, proven, premeditated and/or systematic, Company has the right to delete an Affiliate account and terminate this Agreement at any time, without payment of any commission to the Affiliate.
In any case when an Affiliate’s cumulative commission exceeds USD $1000, the Affiliate will be required to provide additional information, including scans of documents which meet the US Government’s six points of id program. Additional information is on the account page. Commissions will not be paid unless the above requested information is provided.
Allowed Promotional Methods
- Search advertising (with key words restrictions)
- Web Display
- Email traffic (opt-in bases only)
- Social networks advertising
- Social networks Apps
- In Apps Advertising
- PopUp Advertising
Affiliate Programs and Commissions
No payment shall be made for any Chargeback. “Chargeback” is defined as a refund of payment to Affiliate Customers after their credit card has been processed.
We consider the leads to be inappropriate if, among other things:
- They are from the same IP-Address
- They generated with the help of the lead generation sites
- They generated with the help of incentivized bonus programs
- They generated by friends or associates obtained through social networks and/or chat rooms
- They come from doorway pages or «throwaway domains»
No payment will be made for receipt of inappropriate leads.
The Company retains the right not to pay You a commission if traffic was sent without the Company’s prior approval.
The Company further retains the right not to pay You for all Lead conversions and /or sales in case if we see any fraudulent activity (credit card fraud or any other suspicious activity).
Unfortunately at this time we do not accept Affiliates from the following countries: Afghanistan, all African countries (excluding Republic of South Africa), Bangladesh, India, Iraq, Iran, Jordan, North Korea, or from other embargoed or sanctioned countries.
Payment Methods — Payment shall be made to Affiliate via check, bank wire, PayPal, or via other payment methods, subject to Company’s sole discretion.
All pending payments are expired after 365 days. In order to receive payment on time please send us an invoice with full payment information.
- Traffic Restrictions:
- Affiliates are not permitted to display banners on adult and porn websites
- Affiliates are not permitted to offer incentives to register with RedSquareCupid Sites
- Affiliates are not permitted to use viral traffic
- Affiliates are not permitted to provide reselling offers.
- Key Words Restrictions:We grant You a non-exclusive, non-transferable, revocable license to access the RedSquareCupid Sites solely in accordance with the terms of this Agreement, and to use our logos, trade names, trademarks and similar identifying material (collectively “Company IP”) solely for the purpose of selling our services and memberships on Your Site or App.
- Additional restrictions:
- We retain the right to refuse the leads that doesn’t have subafid parameter.
- We retain the right to refuse leads if it is found they have been generated by bots, script or other invalid methods. In such cases we will provide CPA company with detailed evidence of such leads, which will be considered inappropriate if:
- They were generated from the same IP address;
- Password and/or login were generated by a publisher’s script.
- We also retain the right to reject payment for leads if their number exceeds the campaign budget as indicated in your Insertion Order.
- Your Site content restrictions and promotional materials:You hereby represent and warrant to Company that Your services, advertising (including, but not limited to e-mail or the web) and Your Site(s) and/or App(s) and all materials, content, e-mail, and services offered through and in association with You or Your Site or App do not and shall not at any time:
- Violate any law, statute, ordinance or regulation or promote illegal activities
- Contain or promote obscene materials or child pornography
- Contain or promote materials that infringe on copyrights, patents, trademarks, or other intellectual property rights
- Contain any materials which depict persons in a manner to suggest that they are under the age of eighteen years
- Contain or promote harmful or indecent matter to minors
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- Contain content which is defamatory, misleading, libelous, hateful or unlawfully threatening, abusive or harassing
- Be involved in advertising or marketing that is misleading or unlawful in any manner
- Be involved in unfair, fraudulent, or misleading business practices or unfair competition
- Include any of the Company’s trademarks or service marks, or variations or misspellings thereof, in Your domain names
- Be involved in the sending of unsolicited commercial e-mail (“spam”) or chat messages or instant messenger messages
- be involved any program, file, data stream or other material which contains viruses, worms, “Trojan horses” or any other destructive feature or features that constitute a trespass or unlawfully intrude on privacy
- Company IP Restrictions:You shall not use the Company IP in connection with any activity that disparages Company, or its products or services, or that damages the reputation for quality inherent in the same. The use of Company IP that is posted on other sites, found in other emails or other sources, manipulated in any way or derived from any means besides the Program interface is not permitted. If You do not fully comply with this provision Company may withhold payment, immediately terminate this Agreement, permanently remove You from the Program, or utilize any remedy otherwise available to it in law or in equity.
- Your use of Company IP must be in a manner that is clearly less prominent than that of Your name, logos, trademarks, service marks, trade dress, products and/or Site or App name. You shall not create or attempt to create an impression that there is an association or affiliation between Company and You beyond the arrangement outlined in this Agreement.
- You shall immediately cease using Company IP upon the termination or expiration of this Agreement.
- Email Restrictions:
- You may only send emails advertising the RedSquareCupid sites to persons who have opted in to receiving commercial emails either from you or your marketing affiliates who have legally transferred such permission to you.
- The texts of your emails must be approved in advance by CupidCash.
- The email must comply fully with the FTC Guidelines for Commercial emails, http://www.business.
ftc.gov/documents/bus61-can- spam-act-compliance-guide- business.Specifically, the following FTC guidelines apply:
- Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information — including the originating domain name and email address — must be accurate and identify the person or business who initiated the message.
- Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
- Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
- Your email must have an operational opt out link. You must obtain the opt out hyperlink from AnastasiaDate and may only use the link provided to you.
- The email must comply with all national and state laws. For emails in the United States, the federal CAN-SPAM Act applies. Many states, specifically including California, also have laws regulating commercial emails. It is your responsibility to comply with these laws.
- Further Representations.
- You shall not employ any mechanical means to pull content from any RedSquareCupid Site, including, but not limited to, programmatic crawling, downloading, viewing, or scraping;
- You shall not make any representations, warranties or other statements concerning the Company, RedSquareCupid Sites, any of Company’s products or services, or Company’s site policies, except as expressly authorized by this Agreement.
- You shall not present or use any content on Your Site or App, including, without limitation, graphical images, logos, text copy, editorial copy, press releases or marks, that (i) could be interpreted to suggest that such content has been authored or otherwise provided by, or represents the views or opinions of the Company; (ii) is misleading, defamatory, libelous, obscene, or otherwise objectionable; (iii) infringes, derogates, dilutes, or impairs the rights of the Company or any third party; (iv) refers to Company but is used as part of a name of a product or service of a company other than the Company; or (v) is used in any other manner inconsistent with any term of this Agreement or with any provision of law.
- You shall not engage in deceptive software download or computer settings practices to promote the RedSquareCupid Sites. The prohibited deceptive practices include, but are not limited to, installing software without user knowledge, changing a user’s home page without securing user permission, and offering downloadable software that does not install or operate as intended.
- Affiliates are not permitted to promote any of our offers on Facebook and Twitter.
Ownership of Customer
Affiliate Customers who open an account and buy products at AnastasiaDate Sites through the Program will be deemed to be customers of RedSquareCupid. Accordingly, all RedSquareCupid. rules, policies, and operating procedures concerning customer orders will apply to those Affiliate Customers. Company may change our policies and operating procedures at any time.
Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of Your Site and/or App and for all materials that appear on Your Site and/or App. For example, You will be solely responsible for:
- The technical operation of Your Site and/or App and all related equipment
- The accuracy and appropriateness of materials posted on Your Site and/or App, ensuring that materials posted on Your Site do not violate or infringe upon the rights of any third party (including, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on Your Site and/or App are not libelous or otherwise illegal
We disclaim all liability for these matters. Further, You will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of Your Site and/or App.
Term of the Agreement
The term of this Agreement will begin upon our acceptance of Your Program application and will end when terminated by either party. Either Affiliate or the Company may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, You will immediately cease use of, and remove from Your Site, all links to RedSquareCupid Sites, and all Company IP, and all other materials provided by or on behalf of us to You pursuant hereto or in connection with the Program. You are only eligible to earn commissions occurring during the term of this Agreement, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold Your final payment for 45 days from the last transaction of Your Affiliate Customer to ensure that the correct amount is paid.
Relationship of Parties
You and we 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 Agreement.
Limitation of Liability
You will 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. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to You under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, 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 RedSquareCupid Site(s) will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
We may disclose to You certain information as a result of Your participation as part of the Cupidcash Affiliate 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, any modifications to the terms and provisions of this Agreement made specifically for Your Site and not generally available to other members of the Program, website, business and financial information relating RedSquareCupid.
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. 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, customer 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 person’s use of the information.
You hereby agree to defend (or pay our fees and costs of defense at our sole discretion), indemnify and hold us and our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, harmless against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses including reasonable attorneys’ fees (any or all of the foregoing hereinafter referred to as “losses”) insofar as such losses, or actions in respect thereof, arise out of or are based on 1) any claim that our use of the Affiliate Marks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, 2) any failure or breach of any representation, warranty, covenant, or agreement made by You and/or App herein, 3) any misuse of our name or trademarks, 4) any claim related to Your Site and/or App or services, including, without limitation, any content therein, 5) any claim that Your content infringes copyrights or any other intellectual property rights or that Your Site and/or App or services are engaged in unfair competition, 6), any claim arising out of Your violation of the terms and conditions of this Agreement, 7) any claim that You or Your Site(s) and/or App violated privacy rights or failed to maintain proper security, or 8) any claim that Your advertising, communications (including, but not limited to e-mail communications), or marketing is misleading or unlawful in any manner.
Independent Investigation / Mutual Drafting
You acknowledge that You have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with Your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
If any provision of this Agreement is held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of this Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms.
You agree that You will not engage in any conduct that is injurious to the reputation of RedSquareCupid and/or its affiliates, officers and directors or making or causing to be made any statement that is critical of or otherwise maligns the business reputation of RedSquareCupid and/or its affiliates, officers and directors. You acknowledge that Your breach of this notice will cause RedSquareCupid to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by RedSquareCupid of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such breach, You agree that liquidated damages may be assessed and recovered by RedSquareCupid as against You, in the event of each breach and without RedSquareCupid being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore You shall be liable to RedsquareCupid for payment of liquidated damages. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and You shall pay them to RedSquareCupid without limiting RedSquareCupid's right to seek other remedies as provided elsewhere herein.