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Three-Tier Affiliate Agreement |
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This agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the ManilaDarlings.com Three-Tier Affiliate Agreement (referred further to as "Program"). As used in this Affiliate Agreement (further referred to as 'Agreement'), "we" and “us” means ManilaDarlings.com and "you" means the applicant.
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1. Eligibility |
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To become an affiliate of ManilaDarlings.com, you must be of legal age in case of individual participating in this Program or operating a legal business entity in case of entity participating in this program and should agree with the terms and conditions cited in this Agreement. You must submit a complete Application Form via our site and use the generated affiliate code in the affiliate marketing. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we decide (at our sole discretion) that you or your site is unsuitable for the Program. Some reasons to not be accepted are;
- Promote violence;
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Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
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Promote illegal activities;
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Attempt to copy and/or assume the creative or business identity of ManilaDarlings.com in any manner; and/or,
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Otherwise violate intellectual property rights.
You should also note that if we accept your application and at a later stage decide, at our sole discretion, that you have violated the terms and conditions or your site is unsuitable for the Program, we may terminate this Agreement at any time.
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2. Links on Your Site
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To permit accurate tracking and reporting, we will provide you with a unique tracking link to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such affiliate link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such affiliate link formats are referred to as "affiliate links". You will only earn referral fees with respect to activity on our site occurring directly through affiliate links. We will not be liable to you with respect to any failure by you to use affiliate links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
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3. Referral Fees
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We will pay you referral fees for sending ManilaDarlings.com eligible members. The current size of first-level referral fees is 40%, second-level referral fees is 20% and third-level referral fee is 10% from ManilaDarlings.coms’ net income from the purchase. For a product sale to be eligible to earn a referral fee, the customer must follow an affiliate link from your website to our Site, register as a member and make a purchase through the website.
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4. Referral Fee Payment
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Referral fees are paid in US Dollars. Your referral fee will be paid to you once a month by the company check by ManilaDarlings.com.
Approximately 30 days following the end of each calendar month, we will send you a payment for the referral fees earned on your referrals of eligible paying members to ManilaDarlings.com. You shall remit the taxes as required by law.
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5. Limited License
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We grant you a non-exclusive, revocable right to use the graphic images and texts provided for Affiliates on the Affiliates Web Site and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the graphic image or text, or any other of our images, in any way. You may create your own images to promote the Program. We reserve all of our rights in the graphic images and texts, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.
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6. Restriction on promotional means
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You are prohibited from using any means that in any way deceit the Internet user. Below is the incomplete list of methods that are prohibited to use in promoting the Program:
- unwelcome email (spam);
- crossposting;
- mousetraps;
- respawning windows.
Account using those and other deceitful techniques, determined at the sole discretion of ManilaDarlings.com, will be suspended without notice and all the payment withheld.
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7. Responsibly of Affiliates
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You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. Without limiting the foregoing, you will be solely responsible for:
- The technical operation of your site and all related equipment
- The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site 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.
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8. Term of the Agreement
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The term of this Agreement will begin upon our acceptance of your Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, for any reason, 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 our site, and all ManilaDarlings.com trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. We may withhold your final payment in a case of the breach of this Agreement.
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9. Modification
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We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, effective by posting on the Site. Modifications may include, for example, changes in the size of available referral fees, referral fee schedules, payment procedures, and Program rules. Your continuous promotion of the Program will imply your agreement with such modification. If you disagree with such modifications, you must immediately discontinue your participation in the Program and remove from your site, all links to our site, and all ManilaDarlings.coms' trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
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10. Relationship of Parties
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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 Section.
ManilaDarlings.com may use your name or URL in connection with your participation in the program in materials including but not limited to postings on our site, newsletters, advertisements, and other communications.
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11. Limitation of Liability
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ManilaDarlings.com 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 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 Program will not exceed the total referral fees paid or payable to you under this Agreement.
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12. Disclaimer
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We make no express or implied warranties or representations with respect to the Program or any services provided through the Site (including, without limitation, warranties of usability, accuracy, timeliness, or fitness for a particular purpose). 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.
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13. Other rights
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All rights that are not granted herein are reserved.
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