TERMS OF SERVICE FOR AFFILIATES
Joining our Affiliate Program ('Program') means that you are entering into this binding agreement with ADL XLENCE ZANTEDESCHIA SRL, the Company ('we') operating the Site asiancam69.com. Enrolling into our Program also means that you Accept and Agree to our Terms of Service for Affiliates ('Terms of Service') stated below, which are considered to be in force once you ('Affiliate') fill out and submit the Sign Up form we provide on our Site.
1.1 Our Site contains sexually explicit material, content related to human nudity or sexuality. If you are under the age of mature viewing in your country or state, if you are prohibited by your country's/state's law to access pornographic content or if you are offended by sexually explicit material, you shall not enter our Site any further than this page. You Agree and Confirm that you will not distribute material from our site to minors nor allow any person under the age of mature viewing in their state/country have access to our content, as it's strictly prohibited by law. You agree not to distribute our content to individuals who will find such material personally offensive.
1.2 All materials on the site, including photos, recordings, video and sound content as well as all of the promotional content we provide Affiliates with (such as Banners) constitute the intellectual property of our Company and are protected under international copyright laws. This means that you are not allowed to copy, alter, reproduce, modify, distribute or sale our material except as expressly authorized in our Terms of Service agreement (this document). Subscribing to our Program grants you no express or implied rights under any of its trademarks, copyrights or other proprietary information. Access to our material from jurisdictions where they are illegal is prohibited.
1.3 You hereby warrant that you are over the age of 18 (or over the age of maturity according to your state's/country's jurisdiction), and in all respects you are qualified, competent and have full authority to enter into this Agreement.
1.4 You confirm and warrant that your site and any content or material associated with it does not contain and shall not contain or promote at any time the following:
- hateful, harassing or abusive speech
- violence, rape, bestiality or prostitution
- obscene materials or child pornography
- guns or drugs
- any kind of illegal activity prohibited by your state's/country's jurisdiction
1.5 You will comply with all applicable federal, state and local laws in the performance of your obligations.
2.1 Our Affiliate Program is completely run on CCBill's Legacy Affiliate System. This means that every transaction is processed and verified on their end, including affiliate payouts. In order to enroll in our Program, you have to either create a CCBill Affiliate Account or use an already existing one and subscribe through the form we provide on our site. By doing so, you Agree to contact them for any issues regarding your Affiliate Account and Affiliate Payouts and you also Agree with our Terms of Service for Affiliates.
2.2 Payout Frequencies and Minimum Break Amounts are factors that you determine and which you can always change. By default, you are going to get paid at the end of a Billing Period, meaning each Monday of every week, if you manage to reach your Minimum Break Amount + Payout Transaction Fee (see: 2.4). Billing periods run from Sunday through Saturday and payouts are issued for the funds from that period nine (9) days after the close of the billing cycle, on the following Monday. In the case in which your goal is not reached, the sum is held by CCBill and delivered to you at the end of the next Billing Period (Monday).
2.3 CCBill has Checks (mailed to your home address) set as a Default Payout Option for Affiliates. Other available Payout Methods include ACH, ACH Express, SEPA and Checks by FedEx. You can always change that by updating your account's Payout Information at the following address:
2.4 In order to get paid, you have to sum up both your Minimun Break Amount and Cost For Payout Method. Fees for different Payout Methods are shown below:
- ACH (US Only): $5.00
- ACH Express (US Only): $15.00 [Allows for payments to be received up to 3 days quicker (Friday before the Mondays payout)]
- Sepa (EU Only): $10.00
- FedEx is also available but varies by Country. Contact CCBill for more information.
- International Postal Mail: $1.15
Example: Let's say you've choosen ACH as your Payout Method and have a Minimum Break Amount set to $25.00. The Payout Fee for ACH is $5.00, so you need to gain $25.00 + $5.00 = $30.00 in order to receive your money.
2.5 Currently, our Affiliate Program consists of one Revenue Share package:
- 25% to 35% Revenue Share on Referred Client Deposit:
Client Deposit Revenue Share $0-10.000 25% $10.000-35.000 30% above $35.000 35%
- 5% Revenue Share on Referred Affiliate Profit
At the moment, Affiliate Referrals are tracked using CCBill's Cookie Tracking System (see: 3.1)
Additional Offers and Packages will be announced in the future on the Affiliate Area and delivered to you through the email address provided at Sign Up.
2.7 Payout Transaction Fees for Consumer Purchases are fully supported by us. This means that CCBill Transaction Fees are not split, but fully supported by our side.
2.8 In cases of detected fraudulent activity "all refunds or chargebacks associated with Affiliate sales will be deducted from both the Webmaster and Affiliate accounts, equal to the amount they received for the sale" (source: here)
2.9 The validity of the personal data you provide to your CCBill Legacy Affiliate Account is your sole responsibility, thus you release the Company from all liability in regards to any non-receipt or delay of payment caused by incorrect personal information entered on your side. You Agree to provide accurate and complete details regarding your identity and personal details such as: bank account, address or other required information.
2.10 Either party shall be excused from delays in performing or from its failure to perform these Terms of Service to the extent that such delays or failures result from causes beyond the reasonable control of such party, including, without limitation:
- acts of nature
- any government agency
- war, electrical or mechanical breakdowns
- inability or refusal of a common carrier to provide communications capabilities
- any other cause beyond either party's direct control
3.2 In order for a Cookie to be created on a referred user's browser, you have to use our Promotional Tools combined with the referral link CCBill provides you in your CCBill Affiliate Account. Using any other link will lead to the Cookie not being created and your referred sales not being tracked. You Acknowledge and Agree that you will use CCBill's Affiliate link to track your leads and any mistake on your side regarding this issue is your responsibility.
4.1 Referral Statistics are available to you on your CCBill Affiliate Account. The validity of the stats is assured by CCBill's Cookie Tracking System (see Paragraph 3.1)
4.2 At the moment, we provide Affiliates with a set of Banners to help them promote our site. Further methods are temporarily under development. Banners are mainly intended to be used in combination with CCBill's Legacy Affiliate System and you are allowed to use them solely for the purpose of promoting our site. You hereby Agree and Acknowledge that our Company is the exclusive owner of materials mentioned at Paragraph 1.2 and you are not allowed to copy, alter, reproduce, modify, distribute or sale any of our content without our written consent.
5.1 Our Company does NOT allow its Affiliates to advertise asiancam69.com by email or any SMS spam.
5.2 Our Company Forbids its Affiliates promoting our Site through:
- sending emails which could be labeled as Spam, junk or unsolicited bulk
- sending emails which contain ANY TYPE of malware such as 'Trojan Horses', viruses or worms
- sending spam or bulk SMS
Any of the above mentioned actions on the Affiliate's side will lead to us cancelling his/her Affiliate Subscription to our Program.
6.1 We reserve the right to announce you in regards to every change we make to our Tracking System as well as any addition to our Affiliate Offer or Promotional Tools. Any such adjustments will be shown in their proper place on the Affiliates Area pages and will be sent to you at the email address you provide at Sign Up.
6.3 We (the Company) reserve all of our rights in our trademarks, as well as in all intellectual property rights associated with our programs. Nothing herein shall be construed as a grant or assignment of any rights in any intellectual property owned by our Company, including, without limitation, any of our trademarks.
NON-ASSIGNABILITY /THEFT OF LOGIN
7.1 Your subscription may not be assigned or transferred to any other person or entity. Affiliate must promptly inform asiancam69.com of any apparent breach of security, Until the Company is notified, by e-mail, or by telephone of any breach in security, you will remain personally liable for any unauthorized use of the Site or it's service. You are personally liable for, and shall defend, indemnify and hold harmless the Company from any and all damages (including loss of profits, loss of property, fines and penalties), losses and costs (including attorneys' fees) resulting from any attempted or actual unauthorized downloading or other duplication whether solely by you or with or under the authority of any other person or entity including governmental agency.
8.1 We reserve the right to terminate your subscription to our Program, for any or no reason whatsoever, upon notifying you through the email address you provided at Sign Up.
8.2 You Agree and Acknowledge that any of the following actions, along with breaking any rule from Paragraph 1.4 on your end will lead to us ending your subscription to our Program:
- the implication of the Affiliate into any kind of fraudulent activity
- the Affiliate's implication into data theft in regards to any user type (Client, Model or Webmaster) on our website
- the Affiliate's involvement into any activity that could be labeled as hacking or cracking involving our website and it's users
- the incorrect or invalid entering of the Affiliate's personal data into the Sign Up form we provide
- any attempt of cheating our Program from the Affiliate's side
APPLICABLE LAW AND JURISDICTION
9.1 This Agreement shall be governed by the laws of the state of Romania and the parties agree that any action under this Agreement shall be brought only in Cluj County, Romania should that court have jurisdiction.
18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
10.1 In compliance with the Federal Labeling and Record-Keeping Law (also known as 18 U.S.C. 2257), all models located within our domain were 18 years of age or
older during the time of photography. All models' proof of age is held by the custodian of records, which is listed below, organized by producer.
All content and images are in full compliance with the requirements of 18 U.S.C. 2257 and associated regulations.
Contact Custodian of Records: firstname.lastname@example.org
11.1 THE MATERIALS ON THE SITE AND ITS AFFILIATED SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. CASH OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITES. ANY OF THE INFORMATION OFFERED ON THE SITES MAY CHANGE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT AFFILIATE IS LOCATED WHERE SUCH DISCLAIMER IS INAPPLICABLE OR RESTRICTED, THE DISCLAIMER MAY NOT APPLY AND AFFILIATE MAY HAVE LEGAL RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION.
11.2 THE COMPANY MAKES NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND ON THE SITES. SHOULD THE MATERIALS OR SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO AFFILIATE OR ANYONE CLAIMING THROUGH AFFILIATE, AFFILIATE ASSUMES THE ENTIRE COST AND RESPONSIBILITY FOR SAME.
11.3 YOU WILL INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, AND THIRD PARTIES FROM AND AGAINST ANY CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES OR EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THE USE OF OR PARTICIPATION IN THIS SERVICE OR THE INFORMATION CONTAINED THEREIN.