Affiliates Terms and Conditions
This agreement describes the entire terms and conditions for participation in the DatingNearMe1.com Affiliate Program. In this agreement, the term 'Participant' refers to you (the applicant), and 'sponsoring Website' refers to the Website from which you will link the DatingNearMe1.com site. Wherever the agreement refers to 'you' or 'your', it means 'the Participant'; 'we' or 'our' refers to the DatingNearMe1.com site. A 'Registered User' is defined as a consumer who clicks the Logo Box (banner or text link) on your Web page and is connected to the DatingNearMe1.com site and completes the registration questionnaire. A 'Subscribed User' is defined as a consumer who subscribes as a paying member and is a premium member of our singles user database.
Privacy of the Affiliate Account
In order to join the Affiliate Program, you will need to provide certain information. All information will be held in strict confidence and will not be provided to any third parties except as required by law.
Referral Fee Percentage
You will earn 50% of gross revenue as a referral fee from new Premium Member subscriptions from members who have been referred via your affiliate link(s). Gross revenue only includes cash collected via valid credit card, cheque, or money order and does not include sales tax charges. In the event of the subscriber renewing their premium membership, you will earn a further 25% for each renewal of the gross revenue of this transaction while your affiliate account is active.
Referral Fee Payment
DatingNearMe1.com will send a referral fee cheque for the applicable referral fee (less any taxes required to be withheld under applicable law) to the Participant within approximately 15 days after the end of each calendar month if the total amount of the referral fee is equal to or greater than $30.00. If the amount owed to you is less than $30.00, then your balance will be carried forward to the next month or until the total sum of your referrals is equal to or greater than $30.00, or upon termination, by you or DatingNearMe1.com, of the program. Payments will be in GBP (£UK), payable at the rate of exchange applicable at the date of each transaction.
Refunds and Charge-backs
All payments are subject to an 8-week lead time to insure against refunds and charge-backs. This is a stipulation of our payment processing company.
Subscription Payment Processing
DatingNearMe1.com will be solely responsible for processing every subscription order placed by a customer. Subscription orders will be accepted via the DatingNearMe1.com online ordering process which utilizes WorldPay payment servers. Payment processing, renewal payment processing, cancellations and refund processing, and related customer service are all the responsibility of DatingNearMe1.com. All of the rules, operating procedures, and policies of DatingNearMe1.com regarding customer subscriptions will apply to all subscription orders made via our affiliates. DatingNearMe1.com reserves the right to reject any subscription order that does not comply with our rules, operating procedures, and policies.
Tracking of Subscription Sales
DatingNearMe1.com will be solely responsible for tracking subscription sales. Statements of subscription sales activity are provided to the Participant through the affiliate center pages. To protect DatingNearMe1.com customer privacy, the names or other personal information about specific customers will not be provided to the Participant.
Time Limitations for Depositing Affiliate Cheques
Participants are required to cash or deposit any cheque from DatingNearMe1.com within ninety (90) days of the date the cheque was issued. DatingNearMe1.com is not required to re-issue payment for affiliate cheques older than ninety (90) days.
Lost, Stolen, or Destroyed Cheques
It is the responsibility of the affiliate to request in writing a reissue of lost, stolen, or destroyed cheques within the ninety (90) day period outlined above. The request must include as much information about the dates and earnings in question as possible, including the Affiliate ID of the account and to whom the cheque was issued. Email requests are sufficient. Reissued cheques are subject to the same ninety (90) day expiration rules. DatingNearMe1.com may receive returned cheques due to incorrect or insufficient mailing addresses provided by the affiliate. In such cases, we will contact the affiliate upon receipt of the returned cheque. It is the responsibility of the affiliate to respond and correct the information as necessary. After thirty (30) days without a reply from the affiliate regarding the issue, the cheque will become void, and DatingNearMe1.com will not be required to re-issue payment, and all payments will become null and void, resulting in the affiliate account being terminated.
Copyrighted Material
As the Participant, you are solely responsible for ensuring that your logo and preamble text comply with all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. DatingNearMe1.com will not be responsible if you use another party's copyrighted material in violation of the law.
Affiliate Program Policy
Every customer who buys a subscription through this program is deemed to be a customer of DatingNearMe1.com. The Participant does not have the authority to make or accept any offer on behalf of DatingNearMe1.com. All DatingNearMe1.com policies regarding customer orders, including pricing and problem resolution, will apply to these customers. DatingNearMe1.com is not responsible for any representations made by the Participant that contradict our policies.
Prices and Availability
The price charged for subscriptions sold under this program will be determined by DatingNearMe1.com according to our own pricing policies. Prices may vary from time to time. DatingNearMe1.com policies will always determine the price paid by the customer.
Sites That Do Not Qualify for the DatingNearMe1.com Affiliate Program Include:
- Sites that promote sexually explicit material to minors (under 18 years of age)
- Sites that promote violence
- Sites that promote discrimination based on race, sex, religion, national origin, physical disability, sexual orientation, or age
- Sites that promote illegal activities
Spamming Policy
DatingNearMe1.com does not participate in mass unsolicited emailing (i.e., spamming), and all Participants 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 DatingNearMe1.com Affiliate Program.
Web Site Service Interruption
DatingNearMe1.com will make every effort to keep its Web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold DatingNearMe1.com liable for any of the consequences of such interruptions.
Term of the Agreement
The Participant may receive referral fee payments on orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by DatingNearMe1.com and shall end when canceled by either party as provided below. Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the subscriptions are not refunded. Payment of the final referral fee to the Participant may be withheld for a reasonable time to ensure that the correct amount is paid.
Modification of the Agreement
DatingNearMe1.com reserves the right to change any of the terms and conditions in this agreement at any time and at its sole discretion by posting a new agreement on our Web site. Without limiting the generality of the foregoing, referral fee schedules, and all other provisions of this agreement are subject to change without notice other than posting such information on our Web site.
Cancellation of the Agreement
Either DatingNearMe1.com or the Participant may choose to cancel this agreement at any time by written notice of cancellation to the other.
Warranty Disclaimer
DatingNearMe1.com makes no warranties, representations, or conditions with regard to the program, except as expressly outlined in DatingNearMe1.com’s current sales policies, or any subscriptions sold under this agreement, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing, or usage of trade.
Limitation of Damages
DatingNearMe1.com shall have no liability for any indirect, incidental, special, or consequential damages, or any loss of revenue or profits arising under or concerning this agreement or the program, even if DatingNearMe1.com has been advised of the possibility of such damages. Furthermore, DatingNearMe1.com's aggregate liability arising under or concerning this agreement or the program shall in no event exceed the total referral fees paid or payable by DatingNearMe1.com to the Participant under this agreement.
Miscellaneous
The Participant and DatingNearMe1.com are independent contractors, and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of DatingNearMe1.com. Subject to the foregoing restriction, this agreement is binding upon, inures to the benefit of, and is enforceable by the parties and their respective successors and assigns.
Governing Law
This agreement shall be governed by the laws of the United Kingdom of Great Britain and Northern Ireland, without reference to its choice of law principles.