This Affiliate Program Operating Agreement (the “Agreement”) is prepared by Adwages and you, (“Affiliate”) is ready to submit an application to become our affiliate. The terms and conditions are your consent to participate with affiliates of Adwages (“Affiliate Program”). Each Affiliate Program offer in our site is offered by Adwages or a third party (each such third party a “Client”) and may link to a specific site for that particular Offer (“Program Web Site”). Moreover, every Offer may contain additional terms and conditions on pages within the Affiliate Program and are associated with this terms and conditions. Your submission of an application with us express your consent to our terms and conditions.
What is the Adwages Affiliate Program?
An Affiliate Program application is required to fill up accurately from our site to become an affiliate. The application form should be fulfilled without any mistake and with accuracy (provide future updates). Do not use any aliases or other things to hide your right identity and contact information.
Responsibilities of the Parties
As we accept you as our affiliate and your regular compliance with our Agreement, Adwages is agreed for:
2.1 Our affiliate services are available for you through the Affiliate Program graphic and textual links or other creative materials (collectively, the “Links”) that you can able to display on your site. The online advertisements (“Media”) links will distribute to our affiliates that make them as our Affiliate Program member, and a link will establish from your Media to the Program Web Site.
2.2 We are responsible to make payment of each successful action, the payment is called as “Commission”. A “Qualified Action” stands for a person who (i) accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, (ii) only the real person link is valuable, so the click is not fraudulent like computer generated user or a spider or a robot (iii) is not using pre-populated fields (iv) all the systematic actions are done in the given time period we (Adwages) have decided and (v) is not considered fraud, incomplete, duplicate or unqualified by Adwages later.
2.3 We will be able to pay off any Commissions to you that earned weekly, don’t forget to confirm us that your account is more than $50 at present. Accounts that have not reached to $50 will roll over to the coming week. It is roll over again and again till the balance reach to $50. We have reserved the right to charge back to your account in case if any previous paid Qualified Actions are later considered that they have not met the criteria of the Qualified Action. It is must to consider that each affiliate is an independent contractor and have no relationship with us as an employee of our firm. These affiliates are considered liable for any social security cost or taxes due as a result of any payments received from the Company.
2.4 The payment for each commission is made when clients provide funds to Adwages and therefore, you agree that Adwages will not be responsible to provide commissions to you in case Adwages has not received such funds from clients. By this way you are releasing Adwages from any claim for commission if the payment is not received from clients.
2.5 Adwaes is automatically created invoices on behalf of Affiliates for payable commissions according to this Agreement and send payment according to that invoice to affiliates. Adwages is responsible to track links, Qualified Actions and Commissions with full determination and pleasure. In case if any affiliate has any issue regarding an invoice, the affiliate needs to submit that issue in writing and in full descriptive manner within 30 days from the date the invoice is sent. If the Affiliate does have any issue with the invoice that we have set forth, then they are agree for never do any claim based on that invoice. In the event the affiliate is keeping record of Qualified Actions and Affiliate claims a discrepancy, it is must for Affiliate to submit the report with Adwages under 3 days after completion of 30 days from the calendar month. If Adwages and Affiliate’s statistics are not varies for more than 10%, then Adwages understands that the Affiliate has used the accepted tracking method to track Actions. The Adwages and Affiliate try to put the true effort to reach at a reconciliation. If the parties are not able to reach at a reconciliation, then Adwage’s numbers shall govern.
2.6 If the balance is due of an Affiliate with Adwages under this Agreement or any other agreement. It doesn’t matter that the balance is associate with the Affiliate Program, Affiliate will agree that Adwages can balance the amount from amounts required to pay off to the affiliate by Adwages under this Agreement.
2.7 Affiliate is also agree with the responsibility of the operation, development and maintenance of all content or links to your media.
2.8 Taking care of your posts and the posts with the Affiliate program is connected should have any objectionable materials or content like promotion of illegal activities (gambling), obscene, promoting violence, discrimination, nationality, ethnicity, sexual explicit, racism and any kind of promoting materials. Adwages has strongly objected such content. The development and posting content of your media is in your hand. So be careful about it.
2.9 It requires to be careful for not making any warranties or any statement regarding the services or products, Adwages or clients until it is authorized herein.
2.10 It is must to ensure that your Media doesn’t try to get the style and touch of the Program Web Site or try to show that your media is recommended by Adwages or clients until you get an approval from Adwages in written form.
2.11 Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.
2.12 Comply with the terms, conditions, guidelines and policies of any third party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
2.14 Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by AdGaem or Client, or as required by applicable laws regarding such Offers.
2.15 Make sure to not place AdGaem ads on any online auction platform (i.e. eBay, Amazon, etc). The following additional program-specific terms shall apply to any promotional programs set forth below:
2.16 Email Campaign Advertising for Adwages sites and services are not allowed. We don’t allow to use email promotion. Adwages has the right to eliminate or terminate the affiliate account who have found to be violating the rules. The act is done without any indication or notice. If you wish to promote our any site through email campaign, it is must to send a request mail to us. Adwages strict about its rules and regulations. In case if you are involved in email campaign which is not approved by Adwages could be considered as spamming, violation of rules and regulation. It will result of ban of the Affiliate program without payment soon. It is you who responsible to receive a copy of our Email marketing policy before you jump into it.
2.17 Don’t forget about uploading the “Suppression list” from our offer section as you are going to start email marketing. It is for filtering those email addresses that the Suppression List has hold and sending mails to the rest email addresses. Adwages will offer an opt-out method in all Links, though, if any opt-out request comes directly to Affiliate, Affiliate will soon forward it to Adwages on its. The email promotion doesn’t allow affiliate to include any other links or content that is not considered by Adwages.
2.18 Advertising Campaigns. No Links should be positioned or associated with bulletin boards or chat room until it is agreed by Adwages in written form. Any pop-ups used for the Affiliate Program will be neatly identified as Affiliate served in the title bar of the window and any client-side disclosed ad serving software used by Affiliate shall only have been installed on an end-user’s computer if the function of the software is clearly to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-english end user license agreement and the program will be readily removed according to generally accepted methods.
2.19 Affiliate Network Campaigns. Affiliates who are maintaining their own network for affiliate, they agree to place the links in its affiliate network (the “Network”) for using by those affiliates in Affiliate’s Network (each a “Third Party Affiliate”). Affiliate is agreed that it will not allow any third party Affiliate to make modification in the links. Affiliate have to be agreed to maintain the quality or standard of its Network as per the highest industry standard. Affiliate will not allow any party as a Third Party Affiliate whose site carries offensive information. It is must for Third Party affiliates to maintain good understanding with Affiliate. It is necessary to ensure all Third Party Affiliates of the Affiliate positively accept, through verifiable means, this Agreement prior to obtaining access to the Links. Affiliate will have the right to quickly terminate a Third Party Affiliate in case it is found to be any action that is violating the rules of this agreement. In case, any third part is suspected of any wrongdoing, Affiliate will quickly disclose to Adwages the identity and contact information for such Third Party Affiliate. Affiliate will quickly eliminate the party from the Affiliate Program and terminate it forever from the opportunities of Adwages. Unless Adwages has been provided with right and detailed address of a Third Party Affiliate and such party has affirmatively accepted this Agreement Adwages will keep it recorded. Affiliate will remain liable for all acts of any Third Party Affiliate.
2.20 Social network usage. Affiliate is not allowed to use social networking or even Twitter for the promotion of Adwages products for example benaughty.com, flirt.com, clickandflirt.com, cheekylovers.com etc. If Adewages notices any lead coming through social channels, it is considered violation of rules and that leads will be not counted.
According to the Agreement of Adwages, you agree that you are not going to disclose information of us to public and any third party, including business and financial information, selling and pricing of products, customers and vendor lists etc… Any information associated with our Affiliate Program is our property. We have not given the right to disclose or utilize it directly or indirectly by you or any third party in any condition. The information we have shared with you are only for Affiliate purpose with Adwages. Affiliates have no right to use our information for operating a service that compete with the Affiliate program or come in the use of other party for the same purpose.
Limited License & Intellectual Property
Affiliates have not given the right to make any change or modification in the firm or websites’ logos. They are allowed to send a request email, if they wish to get a copy of a particular format/size.
Affiliates have not given permission for registration of any domain name that are resemble or similar to our registered and unregistered trademarks and brands. Affiliates have not permission for developing any negative sites due to generate traffic towards our sites. It is prohibited to copy our domain name and brand without our express permission. We strict about this because it is our property.
Affiliates have not the right to lift or copy of our websites’ content, images and videos. These are for Adwages only. In case, you are interested to promote our websites and for this you need some useful information from our sites, we can order this but the text you are going to copy should not be similar. You can provide it in your own words but the sense of the content should be same as of ours. If you are failed to achieve this, it is possible to get rejection from the affiliate program.
Adwages doesn’t allow to apply a text ad that developed by Affiliate until, it is approved or granted permission by #brand_name# #brand_status# affiliate team.
It is not allowed to post any information that is not matched to the real data regarding the services provided by dating sites of Adwages because it could hurt the image of the company and may become a reason for complaints by consumers such as Offer Expiring Date or Time Period of Offers of paid services only for Premium members etc…
Affiliates are strictly not allowed to use sexually explicit, adult, racism, discrimination and any offensive text for promoting Adwages iOS and Android apps.
It is not allowed to use the trademarks or brands of Apple, Google and their subsidiaries in any offensive creative, pornographic, adult, discrimination, racism and negative activities pages.
You are not allowed to abuse any third party copyright or trademarks. If we come to notice that any of our Affiliate is trying to breach the norm, we provide assistance to the third party to take action against you. Any third party image shouldn’t be infringed by you. It is important for you to maintain clear image.
We have given permission to you for a nonexclusive and revocable right to use the Links and to access our site through the Links solely as per the condition of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Web Site.
You have not given the right to make any modification, manipulation, changes or imitation of the Links, graphics, creative and any other materials of Adwages. You have the right to use our Links to the extent that you have got a good faith membership with the Affiliate Program of Adwages. We are able to cancel your license with us any time and the information is provided to you in written. Awages here declares that the Agreement is made to clear you with the fact that you have no permission for Adwages’ trademarks, branding, patents or trade secret. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of AdGaem’s trademarks, service marks, copyrights, patents or trade secrets. You agree that Adwages can able to use any comment, suggestion or recommendation that you have given to Adwages without any compensation. All rights not expressly granted in this Agreement are reserved by Adwages.
This Agreement is commenced from the time or date we have granted you become the member of our Affiliate Program and is continue till termination. You can able to terminate your participation with our Affiliate any time by eliminating or deleting all links of us. We can also able to terminate your membership with us for one or two or more offers any time and any reason that we seem proper without giving you any further notice by disabling links of us or sending you an email notice. Right after your termination, Adwages wishes that you will soon remove all our links, Adwages information and its client information from your media. All rights to validly accrued payments and any provision, which by their terms are proposed to survive termination.
As the application of each affiliate is accepted automatically, but Adwages has the right to reject the application of affiliates in case:
6.1 Our terms and conditions are violating
6.2 Our Guidelines for PPC and Email Policy have not be followed correctly and properly
6.3 Your site is using our brand name for advertising a dating site which is not our part
6.4 Your site has poor content or few content and lots of banners
6.5 Your site is a free hosted site
6.6 Your site is not associated with our industry
6.7 Your site is not working smoothly or under construction
6.8 Your site is not exist
6.9 Your site has the content which is not acceptable or offensive
6.10 You are operating an automatic re-direct from your site to one of our domains
6.11 Your site(s) takes payments from consumers for services related to sex
6.12 Your website(s) has unlawful illegal images or content
Apart from other rights and remedies as per the Agreement, Adwages has reserved the right to remove any of your actions submitted through your links and withhold unpaid commission or charge back to your account in case: 1. Adwages has observed that you are violating the Agreement 2. Adwages has found any complain against your membership in the Affiliate which we believe that it is against our rules 3. If Adwages have later found that a Qualified Action is not as per the requirements as set in the Affiliate Program or our Agreement. Such Freezing, withholding or charge back on Commissions will be without regard as to whether or not such Commissions were earned as a result of such breach. In case of breaching a material of the Agreement, Adwages has the right to open up about your personal information to regulatory boards or the third party that has suffered from your actions.
You have to follow the CAN-SPAM Act of 2003. All the emails related to the Affiliate service should contain the proper party’s opt-out link. With times, Adwages can request for as per your previous sent emails contained link with the Affiliate program, to send the final version of mails to Adwages which go to your Adwages executive for approval. After approval of the final email, it can be sent to third parties.
It is totally your responsibility that your emails related to the Affiliate Program complies the spam act of 2003. You agree that you are not going to depend on Adwages’ approval of your mail for compliance with the Act, or proclaim any claim that you have followed the Act as per Adwages’ approval.
You are specifically forbidden from applying any means, persons, devices or any type of work to make fraud. You are strictly away from violating any applicable law, making interference to other affiliates or misinterpret information regarding relation with referrals through the Links or try to generate Commissions through fraud. Adwages don’t allow for using stealware, spyware, cookie stuffing, fraud clicks and other misleading activities. Adwages keeps an eye on any fraud activity of its Affiliate Program.
Representations and Warranties
You hereby warrant and represent that the Agreement contains all your valid and legal obligations, which will be enforced against you as per this terms and you have no objection to go with the Agreement. Regarding the another conditions and terms of the Agreement, Adwages gives warranty and has represent that it will not knowingly disobey any regulation and law which is considered suitable for the occupation of Adwages or considered appropriate for our services.
We want to acknowledge all our affiliates that we have reserved the right to make modification of any of our terms and conditions in the Agreement any time by informing you about this through sending an email. Any modification we make will become effective 10 business days after such notice. In case you are not agree with our changes in the Agreement you have the right to terminate the Agreement within the 10 business day period. If you are continue with our Affiliate service after a 10 business days modification, we will realize that you are agree with our changes or you have no any objection with the changes in the Agreement. Apart from this, Adwages may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, graphic, text, or banner ad in connection with a Link. Affiliate agrees to quickly implement request from Adwages to modification, alter, or implement any banner, graphic or link ad that is using by the Affiliate as per its Affiliate Program.
You acknowledge that you have gone through the Agreement and agree with its rules and regulations. Without any force or independently you have shown interest in getting membership with the Affiliate Program. And you have not shown your faith in guarantee, representation or statement other than as set forth for our Affiliate Service.
Affiliate hereby agrees to defend, hold or indemnify harmless Adwages and Clients and their respective partners, licensors, affiliates, subsidiaries, directors, employees, officers, owners and agents against any and all actions, claims, liabilities, demands, losses, judgements, damages, settlements, expenses and costs (also calculate fees of attorneys) based on (i) violating or breaching this Agreement, including any representation, covenant, warranty or restriction made by Affiliate herein, (ii) misuse by Affiliate or by a third party that comes under the agreement or has access to the Affiliate Program and the links or Adwages or Client intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links).
Adwages hereby agrees to defend, hold and indemnify harmless Affiliate and its subsidiaries, partners, affiliates and their respective directors, officers, owners, employees, and agents against all or any claims, demands, actions, liabilities, damages, losses, settlements, judgements, costs, and expenses ( which also covers the fees of attorneys and other expenses associated with legal activities ) based on a claim that Adwages is not authorized to provide you with the Links.
THE AFFILIATE PROGRAM, THE PRODUCTS, LINKS AND SERVICES OFFERED WITH ADWAGES, ARE PROVIDED TO AFFILIATE “AS IS”. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ADWAGES PARTICULARLY DISCLAIMS ALL STATUTORY, IMPLIED, WARRANTIES OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABLE FOR ONE PURPOSE, AND NONINFRINGEMENT, AND ANY TYPE OF WARRANTE IS RISEN DUE TO TRADE, USAGE OR DEALING, USAGE. ADWAGES DOES NOT GIVE ANY WARRANTY THAT ITS AFFILIATE MARKETING WILL BE ABLE TO MEET A PARTICULAR NEED OF AFFILIATES OR LINKS OR WORK PERFORMANCE OF THE AFFILIATE HAS NO PROBLEM OR IS COMPLETEY FREE FROM ANY ERROR. ADWAGES BRIEFLY DENIES ANY TYPE OF RESPONSIBILITY FOR ANY OMISSION OR ACT OF A CLIENT OR ITS SERVICES OR PRODUCTS. ADWAGES EVEN NOT GIVE ANY WARRANTY OF EARNING SPECIAL AMOUNT AS COMMISSIONS.
Limitation of Liability
IN NO CASE ADWAGES WILL BE RESPONSIBLE FOR ANY INAPROPRIATENESS OF THE PROGRAM SITES, LINKS, CORRUPTION OR LOSING INFORMATION, SYSTEM ERROR, TECHNICAL MALFUNCTION, ANY DAMAGE BEYOND THE REASONABLE CONTROL OF ADWAGES. IN NO CASE, ADWAGES WILL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PERSONAL INJURY / WRONGFUL DEATH, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSING WORK OPPORTUNITY OR PROFIT, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ADWAGES HAS BEEN GUIDED FOR THE POSSIBILITY THEREOF. ADWAGES’ CUMULATIVE RESPONSIBLITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY ADWAGES IN COMMISSIONS FOR THE PERIOD OF 6 MONTHS QUICKLY EARLIER TO SUCH CLAIM.
Governing Law & Miscellaneous
It is not Adwages responsible for making payment of lawyer’s fees and related expenses due to implementation of the terms of this Agreement. The whole agreement is subject between AdWages and Affiliate regarding the matter hereof but it supersedes all prior and recent agreements or any oral or written. Affiliate agrees that AdWages will not be bounded by any Affiliate insertion order or online terms and conditions that conflict, implement or amend this Agreement, even Awages “clicks through” or otherwise show any sign of acceptance thereof. Without Adwages consent in written, Affiliate may not assign this Agreement to any point. By providing a notice, Adwages can able to assign the Agreement any time. This Agreement will be obligatory on and will inure to the benefit of the successors, legal representatives and valid assigns of the parties hereto. The provisions of Section 3, 4(b), 6, 7, 8, 12-15 and any accrued payment obligations will be able to endure the termination of this Agreement. As per the “Modifications” in the above mentioned section, the Agreement may not make any type of changes until the prior notice in written form of both parties. In case any provision of this Agreement is believed to be invalid, inoperative or void, the remaining provisions of this Agreement will continue be in effects and the void part of any provision will be considered to be changed to a great extent. It is must to implement the invalidity while regaining the real intent of parties. Every party of the Agreement is considered as a free contractor in relation to other party with respect to the matters related to the Agreement. Adwages wants to confirm that the Agreement should not take as a joint venture, partnership, employment relationship or association between Affiliate and Adwages. It is requested that any dealing with Adwages or any delay in providing any right will not considered as a contract of such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
With your application submission to us, you will acknowledge that you have gone through the Agreement or you have read this Agreement completely and is agreed to the terms set for the Affiliate Marketing. In case, you don’t want to bound with our terms and rules of the Agreement, you shouldn’t apply the application of affiliate marketing. In case, an individual is going through the Agreement on behalf of his/her company, the individual should have the legal right of taking such decision. The agreement was revised last on
These terms and conditions are set according to the law of People’s Republic of India and parties submit to the exclusive jurisdiction of the courts of People’s Republic of India.
If you have any doubt regarding our terms and conditions, want to ask something associated with, feel free to mail us