| HornyClicks Affiliate Program Terms and Conditions |
You must agree to abide by the terms and conditions contained in this agreement in order to participate in the HornyClicks Affiliate Program.
Please read this agreement carefully before registering and using the HornyClicks service as an affiliate. By signing up for the HornyClicks Affiliate Program, you indicate your acceptance of this agreement and its terms and conditions.
Your License is with RudeBox Media Inc., an Arizona corporation doing business as HornyClicks ("Company"). As the Licensee, you hereby indicate your desire to engage in cooperative marketing efforts, including promotion of and driving Internet users and traffic to the Company Websites including "www.hornyboy.tv", "www.hornyboy.com", and "www.rudeboyvideo.com".
YOU MUST BE 21 YEARS OF AGE or older to agree to this License. This is a License agreement. You have no rights to own, but to display and use the link(s) for the duration of the term of this agreement. "Website" means all Web Sites, Web Pages and domain names associated with Company and its products or services. "Site" shall include the home page and all linked "pages", virtual "stores", graphics, images, photographs, text, and other links trademarks and copyrightable matter and programs associated therewith, whether or not registered, and the existing and any past and future versions, iterations or modes thereof. "Licensee Users and/or subscribers" shall mean users accessing the Company Website from the Licensee Website by URL link or by an assigned link located in Licensee's Website.
Important: NO SPAM
No affiliate is permitted to promote our sites or services by posting or emailing unsolicited advertisements.
DO NOT advertise our sites or services in any form via email or posting in other public forums. This is SPAM, and it will not be tolerated. If you promote our sites or services via these methods your account will be immediately terminated, and all previously earned commissions will be forfeited. Additionally, we may pursue further legal action against any such affiliate(s) for financial damages.
1. Interface to Company's Website
Company hereby grants to Licensee a nonexclusive license to establish a link to interface to Company's Website. You will be responsible for checking the Company Websites to determine if we have the products you want to promote. Product availability is subject to change without notice. It is your responsibility to set up the links properly. If you require assistance please email us at affiliates@hornyclicks.com. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site, the technical operation of your site and all related equipment. Company disclaims all liability for these matters
You may only use the Company's trademarks on your website that are provided or pre-approved by the Company.
Company will process and ship all orders, provide order forms, handle payments, returns, charge backs and cancellations. Company sales staff will be available for Licensee users customer service at regular scheduled Company hours.
Your links or button must be located on your web site so that, before a user may enter your links to the Company, they must click an age-18 verification, requiring the user (shopper) to agree as follows: "I am 18 years or older". Licensee acknowledges that it may be a criminal and civil violation of various laws to allow minors to access adult content, and that you will comply with this necessity. Licensee's site must be an adult (meaning for those over 18 years old) web site. Licensee ensures that materials posted on your site do not violate or infringe upon the rights of any third party and for ensuring that materials posted are not libelous or otherwise illegal. Furthermore, you hereby indemnify and hold the Company harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance and contents of your site.
Customers who buy products or subscriptions through this program will be deemed to be customers of the Company. Accordingly all company policies and operating procedures will apply to those customers. Company reserves the right to change policies, operating procedures and prices at any time.
2. Payment to Licensee
Company will pay Licensee a percentage of Transaction Revenues paid to Company by Licensee-accessed Purchasers. For the purpose of this Agreement, "Transaction Revenue" shall mean all of the gross revenue billed by or on behalf of Company from all sales of merchandise or services, excluding sales taxes and shipping and handling charges, and reduced by amounts of refunds, credit card charge-backs, or credits given for returned merchandise.
"Licensee-accessed Purchasers" shall mean users either accessing the Company Website from the Licensee Website, using a Licensee member code for purchases on the Company Website or accessing information by a script using Company data and template located in Licensee's web site. The Company will not pay commissions on Transactions that are made by a purchaser who accesses the Company Website directly.
Commissions on returned product, and charge backs will be deducted from your next scheduled payment. If for any reason no subsequent payment is owed, you will be billed for the amount related to the return and you hereby agree to make payment within ten (10) days of notification.
3. Sales Reports and Payments
There are two (2) Revenue Reporting Periods per month. The first Revenue Reporting Period runs from the 1st day through the 15th day of the month. The second Revenue Reporting Period runs from the 16th day though the last day of the month. Fourteen (14) calendar days after the end of each revenue reporting period, Company will issue payment to Licensee of the amount due in respect of sales for that Revenue Reporting Period.
4. Intellectual Property Rights
"HornyBoyTV", "HornyBoy", "RudeBox Media", and others are all trademarks and service marks of Company. All written information on the Company website is copyrighted material and may be used with permission only. Said permission may be withdrawn by Company at any time for any reason at Company's discretion.
5. Limited License
All written information, reviews, interviews, biographies, articles, newsletters, photographs and other material on the Company website are copyrighted and may be subject to other legal rights. You may utilize this material for the promotion of distinctly related sales and promotion only. Such as a photo or boxcover from a specific video may only be used to promote that particular video. You may not create derivative works from a photograph, display or distribute copies of it, publish it, use it in a performance, modify it in any manner except size, or, if the particular photograph relates to identifiable persons or entities, you may not use it in a manner which suggests their association with or endorsement of any product, service, opinion or cause. Neither Company nor our photo providers will be responsible or liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use of the photos on our site."
6. Limitation of Liability
Company shall not be liable or obligated under any section of this agreement or under contract, negligence, strict liability or other legal or equitable theory for any special, incidental or consequential damages. Company shall not be liable for and does not warrant that any links or buttons used on licensee's web site will not damage your site, be error free or as to any result you or your users or subscribers may experience as a result of using company's links. All services are delivered without warranty of any kind, including, without limitation, any warranty of title, merchantability, or fitness for a particular purpose. Company makes no express or implied warranties or representations with respect to the affiliate program or any products sold through the affiliate program as to the fitness merchantability or product performance (i.e. whether the customer likes the products he purchases or not). Company is not liable for and does not warrant the accuracy of the product reviews including but not limited to the ratings, length, and other information provided by the Company. We will use our best efforts to provide accurate information but errors may occur and the Company will not be liable for the consequences of such errors. We will use our best efforts to maintain our sites functionality but technical difficulties may cause interruptions of service and the Company will not be liable for the consequences of such interruptions of service.
7. Term and Termination
This Agreement will begin effective upon the date you accept by joining the HornyClicks Affiliate Program and continue in effect until terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Company reserves the right to change commission structure at any time upon thirty (30) days written notice to Licensee.
8. General Provisions
This Agreement may not be assigned without the express written permission of Company. However, if any assignment is attempted, this agreement shall be binding on the representatives, assigns, and successors of the parties and shall inure to the benefit of their assigns and successors.
Nothing in this Agreement or the relationship among the parties is intended or shall be construed to constitute a joint venture, partnership or employment contract among the parties or any of them or appoint or constitute any party or parties as the agent or representative of any other party or parties to this Agreement. Licensee's relationship with the Company is as an Independent Contractor. Licensee will have no authority to make or accept any offers or representations on Company behalf. Licensee will not make any statement verbally or in writing on Licensee's site or elsewhere that would contradict this relationship.
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, and the venue for any actions arising from this agreement shall be in the State of Arizona.
The parties further agree that if any portion of this Agreement is illegal or unenforceable, such portion(s) shall be limited or excluded from this Agreement to the minimum extent required and the balance of this Agreement shall remain in full force and effect and enforceable.
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees.
9. Final Agreement
This Agreement contains the entire and final agreement between the parties pertaining to the subject matter and supersedes all prior and contemporaneous oral and written agreements, understandings, terms, conditions, representations, commitments, and practices between the parties. No supplement, modification, waiver or amendment of this Agreement by you, the licensee, shall be binding on Company unless executed in writing by all parties and in no event shall any of the terms of this Agreement be amended, modified or waived by you, the licensee, except in a written agreement writing signed by the parties. The Company may change the terms and conditions of this Agreement from time to time without notice and you agree to be bound be those changes.
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Last Updated: April 20, 2007
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