Affiliate Agreement
THE AGREEMENT: This Affiliate Agreement (hereinafter called the “Agreement”) is provided by the following organization, hereinafter referred to as “Company”: Zebracon LLC. The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering into. This Agreement covers your responsibilities as an affiliate and our responsibilities to you. Please ensure you read and understand the entirety of this document, as well as have a lawyer’s assistance if you desire because each of the terms of this Agreement is
important to our working relationship.
1. Description of Program
Zebracon LCC is a private entity that provides dating services to Customers from Zebracon’s associated Sites. You are requesting access to Link to one or more of the Zebracon’s Sites by completing and submitting an Application to Zebracon LCC. Also, you are evidencing your intention to enter into this Agreement and to be legally bound by its terms. In the event of any inconsistencies, the terms of this Agreement take priority over all other documentation and materials provided by Zebracon LCC to you regarding the Affiliate Program.
2. Identifying self as an affiliate
You will be identified as an affiliate upon the signing of this agreement and the acceptance by the Company in writing. This shall remain in effect unless otherwise terminated according to the cancellation or termination provisions contained in paragraph 14 of this Agreement.
3. Enrollment
a) To sign up for our Affiliate Program, you will first be asked to submit an Affiliate Application to join. The Affiliate Application may be found at the following website:
www.mytravelgirls.com
www.myukrainedate.com
www.myrussiandate.com
www.zebracon.de
b) Submitting an Affiliate Application does not guarantee inclusion in the Affiliate Program. The Company evaluates every application and it is the sole and exclusive decision-maker on Affiliate acceptance. If the Company chooses not to allow your inclusion in the Affiliate Program, it will attempt to notify you reasonably.
c) If you do not hear from the Company within a reasonable time frame, please consider your application rejected. The Company is not obligated to provide you with an explanation for your rejection.
d) You are not advised to reapply if your initial Affiliate Application is rejected.
e) If your Affiliate Application is accepted, each of the terms and conditions in this Agreement applies to your participation.
f) We may also ask for additional information to complete your Affiliate Application or for you to undertake additional steps to ensure eligibility in the Affiliate Program.
4. Links on Affiliate Site
You will be provided with a Link upon Zebracon’s acceptance of your Application. The Link will contain the HTML code to enable you to connect your website to Zebracon’s Sites among other web pages containing Zebracon’s Services.
The Link will identify your website as a member of the Affiliate Program and it will establish an internet link from your website to the Zebracon Sites.
While using the Link, you agree that:
a) You will fully cooperate with Zebracon in establishing and maintaining the Link.
b) You will display on your website only those graphic images provided to you by Zebracon indicating the Link, and you will substitute such images with any new images provided by Zebracon.
c) You shall display the Link prominently in relevant sections of your website and if directed or requested by Zebracon at its sole discretion.
d) All Links may be modified or extended from time to time.
5. Program Requirements
You are required to comply with all reasonable directions issued by Zebracon LCC concerning the Link, throughout the Term of this Agreement.
5.1 Appropriate Use
The Link shall not be used in disruptive activities which may include, but are not limited to:
a) the circulation of any unsolicited publicity or advertising material, propagation of computer worms and viruses,
b) sending of harassing, obscene, offensive, or threatening electronic mail,
c) forgery of electronic mail, the placement or transmission, or storage of any defamatory or pornographic material on the internet,
d) posting to non‐commercial newsgroups or cross‐posting to multiple newsgroups at once,
e) engaging in an advertisement that effectively conceals or misrepresents your identity, domain name, or return email address.
5.2 Prohibited Use
a) You are not allowed to send any Spam which promotes, or makes reference to Zebracon
LCC, or any of its associated partners.
b) Failure to comply with all the applicable laws or regulations which apply to the
marketing and promotion of Zebracon Services. Zebracon LCC reserves the right to terminate this Agreement and seek monetary compensation for any loss or damage incurred in rectifying any breach of any applicable laws or regulations.
c) You are not allowed to offer potential customers any consideration or incentives to
subscribe as a customer on Zebracon Sites. You are solely responsible for publishing only current pricing for Zebracon Service.
d) You are not allowed to use or include any intervening windows, advertising, redirects, or webpages including but not limited to pop‐up or pop‐under windows to promote
Zebracon, its Services, or Sites.
5.3 Illegal Use
a) Permitting any other person to use the Link for any purpose or activity that is fraudulent
or illegal.
b) Using the Link to contribute to or aid the commission of a crime or to infringe the Rights
of a third party.
6. Responsibility of affiliates
Accepting this Agreement, you covenant and agree that:
a) You shall not use the Link in a manner inconsistent with this Agreement;
b) You may be required by Zebracon, at its discretion, to disconnect the Link, stopping the access and use of the Zebracon Sites if you are reasonably considered to have breached the Terms of this Agreement.
c) You shall be responsible for all maintenance of the Link including but not limited to your software and hardware that operate the Link;
d) You shall be responsible for maintaining the security of the Zebracon account, where you have created an account with Zebracon as part of being an Affiliate. You shall not disclose any password to any person or otherwise permit unauthorized persons to access your account.
e) You shall use the Link and the Zebracon Sites in a manner that does not mislead the customers.
f) You shall not act fraudulently by (without limitation) falsely inflating your Sales rate, using fake redirects, or automated software to generate the Sales.
g) It is your responsibility to prove to Zebracon LCC that you are not committing fraud or acting fraudulently.
7. Ordering processing
a) The accrued Commission is paid via bank transfer once per month and only when your
accrued Commission totals 30 USD or more.
b) As an Affiliate, you will then send an invoice for the indicated amount. You must have a valid bank or PayPal account to receive Commissions, as the Company does not offer payment via cheques, credit card, cash, or other methods.
8. Advertising fees
c) There will be no advertising fee. If you are using paid advertising of any type, then, a landing page or website, owned by you, must be used. No Direct Linking from Paid Advertising is allowed and you cannot send the user directly to Zebracon’s Site.
9. Fee payment
9.1 Commission
Zebracon LCC will pay you a 30% Commission for each Sale or each customer who purchases Zebracon‘s Services from the Link on your website.
9.2 Payment Method
Payment will be made through Bank transfers, PayPal, and any other service provider nominated by Zebracon LCC in the future. The amount to be paid will be calculated and paid in US dollars.
9.3 Bank Charges
All fees are exclusive of all taxes, charges, levies, assessments, and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you.
9.4 Charge-Backs, Credit Card Fraud, and Bad Debt
Customer payments refunded or payments charged back due to credit card fraud do not qualify for commission. The Company reserves the Right to delay crediting of Commissions subject to risk analysis considerations and Anti-Money Laundering procedures. The Company also reserves the Right to disqualify Commissions earned through fraudulent, illegal, overly aggressive, questionable sales or marketing methods.
10. Policies
10.1 Application of Zebracon Policies
Every Customer who buys Zebracon Services through the Affiliate Program will be considered to be to Customer of Zebracon LLC and Zebracon will be solely responsible for processing all orders for Services received through the Link. All Zebracon rules, policies, and operating procedures concerning customer applications, customer services, and sales of Zebracon Services, will apply to those customers. Zebracon reserves the Right to change its policies and operating procedures at any time at its sole discretion.
10.2 Rejection of orders
We reserve the Right to reject any orders that do not comply with our policies and operating
procedures.
10.3 Propagation of Material
You shall not create, publish, distribute or permit any material, written or otherwise that refers to Zebracon LLC without first submitting such material to Zebracon LLC for its prior written consent which Zebracon LLC agrees shall not be unreasonably withheld.
11. Limited License Rights
You agree to place one or more of the Links on the Affiliate Site. Links may contain logos, trademarks, and service marks (collectively, “Marks”). Pursuant to this Agreement, the Company grants you a limited, nonexclusive, non-transferable, and revocable license to display the Links on the Affiliate Site, and nowhere else, subject to the terms and conditions of this Agreement. You may not use the Links or the Marks for any other purpose, you may not change, add to or delete from the Links or Marks and you may not use the Marks independently of the Links for any purpose without obtaining the Company’s written consent. Also, you may not use or present the Links in any manner that suggests the endorsement of or by any other goods, services, persons, or entities without the express written consent of the Company. In addition, you agree to not.
12. Reservation of rights
a) Zebracon LLC reserves the Right to refuse your Application for the Right to Link to Zebracon’s Sites after you have accepted the terms and conditions of this Agreement.
b) Zebracon LCC reserves the Right to terminate this Agreement and seek monetary compensation for any loss or damage incurred in rectifying any breach of any applicable laws or regulations.
c) The Company reserves the Right to delay crediting of Commissions subject to risk analysis considerations and Anti-Money Laundering procedures.
d) The Company also reserves the Right to disqualify Commissions earned through fraudulent, illegal, overly aggressive, questionable sales or marketing methods.
e) Zebracon reserves the Right to change its policies and operating procedures at any time at its sole discretion.
13. Terms and Termination
This Agreement shall commence upon the last signing by a Party and may be terminated by either Party upon written notice to the other. If the Company terminates this Agreement due to breach by you, no further Fees shall be paid to you and the Company may seek such other relief, equitable and legal, as may be available. If you terminate, the Fees due and owing to you shall be paid as provided herein. Regardless of who terminates, upon termination, any and all Rights and licenses granted by us to you shall immediately cease and you shall immediately stop using and remove the Links and the Marks from the Affiliate Site.
14. Termination
a) Zebracon LLC may terminate this Agreement at its discretion upon the provision to you of seven days’ notice.
b) Zebracon LLC may terminate your access to Zebracon’s website through the Link without notice to you if the Link is inactive for a period of sixty (60) days.
c) You are allowed to terminate this Agreement at any time by giving at least thirty (30) days’ notice in writing to Zebracon LLC. If you terminate this Agreement pursuant to this clause during the Term, Zebracon LLC shall not be liable to pay you for any Commission you may have accumulated for the sixty (60) day period immediately prior to your notice, or for the notice period.
d) You must remove the Link or Links established under this Agreement and discontinue the use of the Licence Materials within one (1) business day of the termination of this Agreement.
14.1 Effect of Termination
a) The termination of this Agreement implies that all the outstanding Commission payable to you at the time of termination will be forfeited.
b) Also, terminating this Agreement shall not affect any accrued Rights or liabilities of either party. The provision of this Agreement is expressly intended to continue in force after such termination.
15. Compliance with the laws
The Customer and the Company shall be responsible and shall bear all costs for complying with local, state, provincial, federal, national, and international statutes, rules, regulations, and ordinances of any kind which is related to or affects Zebracon ‘s duties under this Agreement.
16. General Provisions
a) WARRANTY OF AUTHORITY: Each party signing this Agreement warrants to the other party, as at the date of signing, that the signatory has the full power and authority to execute this Agreement on behalf of that party.
b) JURISDICTION & CHOICE OF LAW: Through your participation in the Affiliate Program, you agree that United States shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions.
c) VARIATION: The Company may vary the terms and conditions in this Agreement at any time and at our sole discretion by notifying you by email. You may terminate this Agreement if any variation is deemed unacceptable to you.
d) COUNTERPARTS: This Agreement may be signed or executed in a number of counterparts, with the same effect as if the signatures to or execution of each counterpart were on the same instrument. Facsimile copies of this Agreement shall be treated as originals and signatures on facsimile copies are deemed to be original and binding.
e) Notice: All notices to the Company must be sent to [email protected] and the Company will send notices to you through the e-mail address you provided to us when registering. Notice will be deemed received and properly served 24 hours after an e-mail is sent.
f) SEVERABILITY: If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.
g) NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or subpart of this Agreement will not constitute a waiver of any other part or subpart.
h) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
17. Definitions
1. Commencement Date: The date this agreement is put into effect.
2. Term: This means the period from the Commencement date until the Agreement is terminated.
3. Customer: Anyone with the intention of Purchasing Zebracon’s Services directly or
through its affiliates.
4. Affiliate: Means an entity attached to and refers Customers to Zebracon LLC
5. Affiliate program: this means the program where affiliates are paid Commissions for the sale of Zebracon’s services.
6. Link: means a text link or link from a graphic image provided by Zebracon after it
accepts your Application.
7. Spam: refers to sending unsolicited bulk messages through various electronic messaging systems.
8. Right: means any legal, equitable, contractual, statutory, or other Right, power, authority, benefit, privilege, remedy, discretion, or cause of action.
9. Minimum Amount: this means the minimum amount required for Zebracon LLC to pay the Commission to you.
10. Sale: refers to the purchase of a premium subscription to use Zebracon’s Services through one or more of Zebracon’s Sites through the Link from your website.
11. Sign Up: refers to the use of passwords and other credentials to access a secure Web Page.
