Affiliate Terms and Conditions Agreement
This Affiliate Terms and Conditions Agreement (the "Agreement“) is entered into by you (hereinafter referred to as the "Affiliate" and/or "Webmaster“) and fetish-boy.com (hereinafter referred to as "Fetish-Boy" and/or "fetish-boy.com“).
By activate the checkbox "I Agree" and click on "Next", the Affiliate is entering into this legal agreement with Fetish-Boy 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.
1) In order to enroll and participate as a webmaster in the Fetish-Boy Affiliate Program (the “Fetish-Boy 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 Fetish-Boy 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 the Affiliate is a corporation or any other legal entity, its shareholders, partners, and directors 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. If at any time, Fetish-Boy 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.
2) The Affiliate must be the owner of the website or the individual vested with the authority to enter into contracts on behalf of the entity that owns the rights to the affiliate website.
3) The Agreement and the provisions hereof, shall be in full force and effect commencing on the date accepted by Fetish-Boy and exist until terminated by either party in accordance with the provisions set forth herein.
4) All payments are made in Euro (EUR).
5) Structure model – revenue sharing: Fetish-Boy shall pay the affiliate 20% recurring of all signups and rebills that the Affiliate's traffic generates using the Fetish-Boy Affiliate Program.
6) A signup is defined as a signup from a valid referral that does not result in a refund or reversal in the first 20 days of membership and is not in violation of the terms of this agreement.
7) The 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. The Affiliate also acknowledges and agrees they shall not be entitled to a commission or referral fee from the Fetish-Boy Affiliate Program for any subscription, which Fetish-Boy in its sole and unfettered discretion determines, is the result of possible fraudulent activity. More specifically, Affiliate acknowledges and agrees that bidding on or purchasing any online paid advertising schemes or acquiring any domain names or URL's in the porn area that incorporate or are confusingly similar to any of Fetish-Boy's trademarks, service marks, or URLs including, but not limited to words or URLs such as "Fetish-Boy" or any other related trademarks, service marks, or URLs as determined by Fetish-Boy's in its sole discretion from time to time is hereby expressly prohibited. By way of example, such prohibited advertising schemes include pay-per-click models, sponsored links, search engine keywords, AdWords, or similar advertising schemes. In the event, that Affiliate does not comply with Section 7, Fetish-Boy shall be entitled to reduce or cease the payout or payment amount otherwise due to Affiliate accordingly. In addition, family members and employees of the affiliate are not eligible as signups and any attempt to refer ineligible individuals to the Fetish-Boy Affiliate Program will result in immediate account termination.
8) Fetish-Boy reserves the right to determine the manner in which payments shall be processed. Generally, the first payment is sent 25 days after end of pay period (1th day of month) and subsequent payments are generated every 25 days thereafter.
9) The Affiliate shall be solely responsible for the operation, development, and general maintenance of their website.
10) An affiliate is not authorized to and shall not change, modify, or in any way edit Fetish-Boy’s 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 the Fetish-Boy 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 Fetish-Boy 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.
11) All scenes (videos) belonging to Fetish-Boy and/or its subsidiaries posted/uploaded/published onto websites by the Affiliate as part of the Fetish-Boy Affiliate Program shall not run longer than three (3) minutes in total duration. In addition, when posting/uploading/publishing a scene, the Affiliate agrees not to post more than one part of the scene. More than one part of the same scene cannot be posted. Any affiliate that posts/uploads/publishes scenes longer than three (3) minutes and/or posts various parts of the same scene, acknowledges, and understands that Fetish-Boy 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 and services of the Agreement.
12) Fetish-Boy abides by a ZERO TOLERANCE policy relating to "spamming”. No spamming of any kind or in any form, whatsoever, is permitted to Fetish-Boy's website. Fetish-Boy does not allow webmasters to market websites under the Fetish-Boy Affiliate Program through the transmission of unsolicited bulk e-mails, therefore, it is extremely important that any mass e-mailings by you conform to our policies. To comply with the new US Federal Law, CAN-SPAM Act of 2003 Fetish-Boy strictly enforces the following policy effective midnight, December 31, 2003.
13) The 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. The 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.
14) The Affiliate shall not use Fetish-Boy's images or videos for promotion of any other site.
15) Fetish-Boy 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 Fetish-Boy. Should an affiliate send hits or cause hits to be sent from any site which contains child pornography, bestiality, rape, torture, snuff, death and/or 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. Furthermore, should an affiliate website contain any child pornography, bestiality, rape, torture, snuff, death, and/or any other type of obscene and/or illegal material of any kind, Fetish-Boy 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.
16) Fetish-Boy does not accept traffic from any website 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 you send 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, your 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 affiliate website contain any material which in Fetish-Boy'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., Fetish-Boy 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.