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Affiliate Program - Affiliate Information
The RareLicensedDVDs.com Affiliate Program available through and
described at
www.rarelicenseddvds.com, as may be modified by RareLicensedDVDs.com
from time to time
(the "Program"), is owned and operated by Cravers LLC
("RareLicensedDVDs", "Cravers Rare
DVDs"), an Ohio Company. The Program is offered to you ("You") under
the following terms
and conditions:
1. Program Enrollment. After going through RareLicensedDVDs.com's
registration process for
the Program, You will become enrolled in the Program, subject to the
terms and conditions of
this Agreement.
2. Links; Solicitations. Subject to the terms and conditions of
this Agreement,
RareLicensedDVDs hereby grants You a non-exclusive license to (i)
display, solely on Your
website as identified in the Program registration form ("Your Site"),
RareLicensedDVDs button
links in the form and format provided through the registration process,
or text links designed in
accordance with the Guidelines attached hereto (each a "Link"), and
(ii) establish electronic links
between Your Site and RareLicensedDVDs' website located at
www.RareLicensedDVDs.com
(the "RareLicensedDVDs Site"), using the Links. It is Your
responsibility to install and format all
Links properly. RareLicensedDVDs shall be under no obligation to assist
You in installing or
formatting the Links. You may not in any way modify the GIF button
Links or alter their size
without first obtaining RareLicensedDVDs' written consent. You agree to
modify the Links, as
may be requested by Mr. Skin in its sole discretion, within three (3)
days of receiving notice of
any such request. You shall, upon termination of this Agreement for any
reason, immediately
cease all use of the Links and remove same from Your Site. Any email
solicitations to
prospective RareLicensedDVDs subscribers shall be subject to the
Guidelines attached hereto.
All customers who visit the RareLicensedDVDs Site will be deemed to be
RareLicensedDVDs
customers and, accordingly, will be subject to RareLicensedDVDs' terms
of use, policies, and
pricing, as may be modified from time to time by RareLicensedDVDs in
its sole discretion. You
may not in any way misrepresent the contents of the RareLicensedDVDs
Site, its terms of use or
its pricing.
3. Referral Fees. Payments for the affiliate program are made by
check. Provided You are at all
times in compliance with all the terms of this Agreement, for each paid
customer at the
RareLicensedDVDs Site who enters the RareLicensedDVDs Site through a
Link from Your Site,
or as a result of Your email solicitation, You will be paid an amount
equal to five percent (5%) of
the Purchase Payment actually received (subject to refund, chargeback
or contingency) from such
Referred Transaction. As used herein, "Purchase Payment" shall mean the
total price of
merchandise ordered using the affiliate link from your site..
RareLicensedDVDs will provide
You with a password for online access to an electronic report detailing
the number of Referred
Transactions for a given reporting period. You agree to keep such
password confidential and not
to disclose it to any third party or allow any third party to use it.
Accurate tracking and reporting
of Referred Transaction are subject to proper installation and
formatting of the Links on Your
Site in accordance with RareLicensedDVDs' instructions. Should a
dispute arise regarding
Referral Fees payable hereunder, RareLicensedDVDs' records shall govern
in determining
Qualified Referred Transactions and payments owed hereunder in
connection therewith. You
may not use any automated mechanisms that may fraudulently inflate the
number of Referred
Transactions. You shall be responsible for, and shall pay when due, all
taxes and similar charges
based on or arising from payments made to You hereunder. Failure to
provide appropriate tax
documentation, as may be requested by RareLicensedDVDs from time to
time, will result in
Referral Fees otherwise payable hereunder being withheld.
4. Warranties. You hereby represent and warrant that Your
activities in connection with the
Program do not and will not violate any applicable laws or regulations.
5. Indemnity. You agree to defend, indemnify and hold
RareLicensedDVDs, its officers,
employees, shareholders, successors and assigns, harmless (including
court costs and attorneys'
fees) against any claims, damages, debts, settlements, expenses or
liabilities of any type
whatsoever arising out of any of Your acts or omissions, or in
connection with Your Site,
including, without limitation, in connection with any violations of
copyright, trademark,
obscenity, privacy, defamation, child pornography or anti-SPAM laws.
6. Intellectual Property. Except for the license granted in Section
2 herein, as between the
parties, RareLicensedDVDs shall retain all rights, title and interests
in and to the
RareLicensedDVDs Site, the RareLicensedDVDs domain name, the Links, any
images,
trademarks or service marks incorporated therein, and all other
intellectual property rights related
thereto. You will not represent or imply that You are RareLicensedDVDs,
an agent of
RareLicensedDVDs, or a part of RareLicensedDVDs. You will not use or
register (or make any
filing with respect to) any RareLicensedDVDs trademarks or service
marks, or names, internet
domain names, or other designations similar thereto or derivative
thereof anywhere in the world.
Use of any RareLicensedDVDs trademarks or service marks hereunder and
any associated
goodwill shall inure solely to RareLicensedDVDs or Cravers, LLC, as
applicable.
7. Termination. RareLicensedDVDs may terminate this Agreement
immediately if You breach
any provision hereof, or if RareLicensedDVDs receives a third-party
complaint regarding Your
Site or Your activities in connection therewith, the validity of such
complaint to be determined
by RareLicensedDVDs in its sole and absolute discretion. You may
terminate this Agreement at
any time for convenience. Sections 4 through 10 shall survive
termination of this Agreement for
any reason.
8. Warranty Disclaimer. RARELICENSEDDVDS MAKES NO WARRANTIES,
EXPRESS
OR IMPLIED, WITH RESPECT TO THE PROGRAM, THE RARELICENSEDDVDS SITE,
OR THE NUMBER OF PURCHASE PAYMENTS, AND HEREBY DISCLAIMS ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT.
9. Limitation of Liability. NOTWITHSTANDING ANYTHING ELSE IN THIS
AGREEMENT OR OTHERWISE, EXCEPT FOR BODILY INJURY, RARELICENSEDDVDS
WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER
LEGAL OR EQUITABLE THEORY (I) FOR ANY INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES; OR (II) IN ANY CASE, FOR ANY AMOUNTS IN EXCESS,
IN THE AGGREGATE, OF THE REFERRAL FEES PAID TO YOU HEREUNDER DURING
THE SIX MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS
MAY NOT APPLY TO YOU.
10. Miscellaneous. RareLicensedDVDs reserves the right to change
its referral fees, policies, or
the Program, and to modify this Agreement at any time by providing You
with an email notice.
You shall be responsible for reviewing and becoming familiar with any
changes. If
RareLicensedDVDs does not receive written notice of termination from
You within five (5)
business days after notice of changes, it will be assumed that You
accept such changes. For all
purposes of this Agreement, each party shall be and act as an
independent contractor and not as
partner, joint venturer, or agent of the other, and shall not bind or
attempt to bind the other to any
contract. Nothing contained in this Agreement is intended or is to be
construed to constitute the
parties as partners or joint venturers, or either party as an employee
of the other party. Except as
otherwise set forth herein, all notices under this Agreement shall be
in writing and shall be
deemed to have been duly given when receipt is electronically
confirmed, if transmitted by
facsimile or e-mail, or upon receipt, if sent by certified or
registered mail, return receipt
requested. RareLicensedDVDs may assign this Agreement in whole or in
part.
RareLicensedDVDs will not be responsible for any delay in the
performance of its obligations
hereunder caused by any acts, omissions, or events beyond
RareLicensedDVDs' reasonable
control. This Agreement represents the complete agreement and
understanding between You and
RareLicensedDVDs with respect to the subject matter herein, and
supersedes any other written or
oral agreement. In the event that any provision of this Agreement shall
be determined to be
illegal or unenforceable, that provision will be limited or eliminated
to the minimum extent
necessary so that this Agreement shall otherwise remain in full force
and effect and enforceable.
This Agreement shall be governed by the laws of the State of Ohio,
without regard to conflicts of
laws provisions thereof. Unless otherwise elected by RareLicensedDVDs,
the sole jurisdiction
and venue for actions related to the subject matter hereof shall be the
Ohio State and U.S. federal
courts having within their jurisdiction the location of
RareLicensedDVDs' principal place of
business, and both parties hereby consent to such jurisdiction and
venue. In any action to enforce
rights under this Agreement, the prevailing party shall be entitled to
recover costs and attorneys'
fees.
GUIDELINES
LINKING
1. Links may not in any way misrepresent the contents of the
RareLicensedDVDs Site, its
terms of use or its pricing.
2. If not using Images provided by Mr. Skin, you must receive
approval to use anything
other than the following phrases to link to the RareLicensedDVDs Site:
* RareLicensedDVDs.com: The #1 Source for Imports
* Buy the DVD at RareLicensedDVDs.com
* Buy (Movie Title) on DVD at RareLicensedDVDs
3. All links that mention or refer to RareLicensedDVDs shall link
to
www.RareLicensedDVDs.com or internal pages in the RareLicensedDVDs Site
directory. You
may not use "fake gate" pages.
4. You may not purchase from RareLicensedDVDs.com a condition to
other activities on
Your Site.
EMAIL SOLICITATIONS
You may solicit prospective RareLicensedDVDs customers via email,
provided in doing so
You do not use deceptive practices and You comply with all applicable
laws and regulations,
including, without limitation, privacy laws and the CAN-SPAM Act of
2003. Without limiting
the generality of the foregoing, You may only use double opt-in e-mail
lists. The opt-in list
collecting mechanism must clearly specify that the recipient (i) wants
to receive information of
an adult nature; and (ii) must be over eighteen (18) years of age and
able to legally view material
of an adult nature on their computer. All email transmissions must
include a working unsubscribe
mechanism. All solicitations hereunder are subject to prior written
approval and must be
submitted for review to john@rarelicenseddvds.com, at least five (5)
business days prior to
broadcast.
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