Affiliate Agreement

Last updated on November 25th, 2009

Acceptance

Visit Streamer Affiliate Program (the "Program", "Affiliate Program") is a service of Page Two Technologies LLC (the "Company", "We", "our"). By using the Company website and free or paid services (the "Services"), you (the "Affiliate") agree to be bound by the following Agreement ("Affiliate Agreement") and following Privacy Policy.

Agreement Duration

This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination.

Modification

By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.

Referring Customers

You may refer customers using graphics or text links provided by the Affiliate Program. You may also create your own graphics or text to refer customers. Links will contain a query string value with your referrer ID. Visits Streamer will use cookies to associate the referrer's ID with potential customer. When the customer signs up, we will try to retrieve the cookie to make sure that affiliates get credit for their referrals.

Commission Fees

You will receive 8% of the revenue as a commission from orders, including monthly recurring orders placed by Visit Streamer customers referred by your Affiliate Site as follows:

  • The customer must be a 'new customer'.
  • The customer's account must remain in good standing.
  • The affiliate's account must remain in good standing.
  • The customer must sign up using the affiliate's referrer ID. We try to automatically track refferer ID's using cookies
  • The customer complete the order form, remit full payment for the service.
  • The affiliate is responsible for making sure the new customer is associated with the referrer.
  • Any irregularities in account openings, account closings, or account usage may be cause for termination of an affiliate, and/or an extension in the holding period, and/or non-payment of referral fees.
  • We will review referred accounts each month to approve or deny for payment, and make payments for approved new customer referrals.
You will receive 2% of the revenue as a commission from orders, including monthly recurring orders placed by customers referred by those sub-Affiliates which you have sponsored into the Visit Streamer Affiliate Program.

Payment

Unless otherwise agreed to by the parties in writing (including by electronic mail), payments to You shall be sent by Visit Streamer within approximately thirty (30) days after the end of each calendar month that Ads or referral links are running on your Affiliate Site if Your earned balance is $10 or more. In the event the Agreement is terminated, the Company shall pay Your earned balance to You within approximately ninety (90) days after the end of the calendar month in which the Agreement is terminated by You (following our receipt of Your written request, including by email, to terminate the Agreement) or by the Company. In no event, however, shall Company make payments for any earned balance less than $1. Notwithstanding the foregoing, the Company shall not be liable for any payment based on commission generated as a result of any breach of this Agreement by You for any applicable pay period. We reserve the right to withhold payment or charge back Your account due to any of the foregoing or any breach of this Agreement by You, pending our reasonable investigation of any of the foregoing or any breach of this Agreement by You. In addition, if You are past due on any payment to the Company in connection with any Company's product or service (including without limitation the Visit Streamer), the Company reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to You in connection with the Program by amounts owed by You to the Company. To ensure proper payment, You are solely responsible for providing and maintaining accurate address and other contact information as well as payment information associated with Your account. For U.S. taxpayers, this information includes without limitation a valid U.S. tax identification number and a fully-completed Form W-9. For non-U.S. taxpayers, this information includes without limitation either a signed certification that the taxpayer does not have U.S. Activities or a fully-completed Form W-8 or other form, which may require a valid U.S. tax identification number, as required by the U.S. tax authorities. Any bank fees related to returned or canceled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your participation in the Program. We may change our pricing and/or payment structure at any time. If You dispute any payment made under the Program, You must notify the Company in writing within thirty (30) days of any such payment; failure to so notify the Company shall result in the waiver by You of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Visit Streamer. No other measurements or statistics of any kind shall be accepted by the Company or have any effect under this Agreement. From time to time the Company may be holding funds, payments and other amounts due to You in connection with the Affiliate Program.

Website Restrictions

Visit Streamer reserves the right not to accept any site into the Visit Streamer Affiliate Program based on site content. Sites that Do Not Qualify for the Visit Streamer Affiliate Program include sites such as sites that are:

  • X- rated and promote sexually explicit materials
  • Promoting violence and discord.
  • Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promoting illegal or questionable activities
  • Violating intellectual property rights

Unsolicited Commercial E-mail (UCE)

Visit Streamer no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the Visit Streamer Affiliate Program, with no commission payment.

Disclaimer

We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Visit Streamer Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.

Limitation of Liability

THE COMPANY PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OF USE OR MISUSE OF OR RELIANCE ON THE SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, cost of debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use and access the Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; ir (iv) any claim that use or misuse of the Service caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Services.

Third Parties

The company If you allow a third party access to the Service through your account, you shall ensure that said third party is bound by and abides by the Terms of Service. All provisions of the Terms of Service are applicable to the Third Party.

Miscellaneous


The Company shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Terms of Service (including any amendment agreed upon by the parties) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Terms of Service is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Terms of Service shall continue in full force and effect. This Terms of Service shall be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations, California law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Contra Costa County, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to the Company must be sent to: Page Two Technologies LLC, P.O. Box 2571 San Francisco, CA 94126-2571, USA , via first class or air mail or overnight courier. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights hereunder without Company's prior written consent, and any such attempt is void. The relationship between the Company and You is not one of a legal partnership relationship, but is one of independent contractors.