Lavalife® Associate Program Operating Agreement
The following represents the entire agreement for participation in the Lavalife® Associate Program ("AP") should you be accepted. The parties to this agreement are Lavalife Inc. ("we" "us" "our") and you the associate ("you" "yours").
To Join
To join our program, we require that you complete an application to be submitted through our site at Lavalife®. Your application will be evaluated and you will be notified whether or not you have been accepted at the email address you provide. Your application may be rejected on the basis that it does not reflect our business principles. Your application will be rejected for reasons such as if your sponsoring site(s):
- Promotes violence;
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Promotes illegal activities;
- Violates intellectual property rights;
- Has explicit sexual content; or
- For any other reason deemed to be reasonable by us.
If you are accepted, we reserve the right to cancel your membership in the associate program at any time should your sponsoring site(s) become involved in any way with the above subjects or if your choice of logo for use on the associate site is in our sole opinion improper. Such cancellation shall result in the forfeiture of any accumulated unpaid Commission.
If You Are Accepted:
Purpose
The purpose of this agreement is a commercial transaction whereby you refer members to our site in return for Commission.
Commission Structure
Commission is based on the number of Full Paying Members referred to us by you, calculated and paid on a monthly basis as follows:
Level 1 - Up to 24 new Full Paying Members...
- $1.00 one time bonus for each Female registering and creating at least one profile within the Lavalife®(i.e. the heterosexual) community. (No bonus for females registering through the WomanlineTM community, nor for males registering through Manline® or Lavalife® communities).
- 15% commission on revenue generated in such a month by all male and female purchases (for a period of 90 days from first purchase).
OR
Level 2 - 25 or more new Full Paying Members...
- $2.00 one-time bonus for each Female registering and creating at least one profile within the Lavalife® (i.e. the heterosexual) community. (No bonus for females registering through the WomanlineTM community, nor for males registering through Manline® or Lavalife® communities).
- 20% commission on revenue generated in such month by all male and female purchases (for a period of 90 days from first purchase).
A Full Paying Member is one that purchases credits. You will continue to receive commission for a period of not more than 90 days from the time a member begins purchasing credits. In order for you to generate commission and to be paid, or for any amount to become payable and owing to you, the member must be a Full Paying Member. Full Paying Members are subject to our Terms of Use and are considered to be our customers.
A Registered Female is one who has created a profile within Lavalife® (heterosexual community).
We reserve the right to modify the Commission Structure at any time and for any reason, by posting the changes on this site. Your continued link to your associate site at Lavalife® will be considered as acceptance of these changes. If at any time you disagree with or do not wish to abide by this agreement, your only recourse is to end your participation in the program.
Payments
Payments, if any, will be sent to the individual and address you name on the AP application form, on a monthly basis until such time as this agreement has ended. Payments will not be made until such time as you have accrued at least $50 worth of commission. Payments may be less any taxes required to be withheld under applicable law. Please remember that payments are made according to our Associate Report, which numbers are final and may not be disputed. All personal member information is kept in the strictest confidence and will not be included in the Associate Report.
Copyright
Our copyrighted information — this agreement gives you a limited, non-exclusive, revocable license to place our logo on your site for as long as you abide by this agreement and our Branding Customization Options. This license will automatically be revoked if you are in non-compliance with this agreement or if you deviate in any way from or modify our Branding Customization Options. You may not except or otherwise copy any of the content on Lavalife® for your site(s) or otherwise without our prior written consent. This prohibition extends to any price list or service description.
Your copyrighted information - you are solely responsible for ensuring that your logo on the associate site and any content on the sponsoring site do not infringe on any third party copyright, trademark rights or other laws. We will not take any responsibility for your actions or inaction as they pertain to your content or logo.
Authority
Nothing in this agreement will serve to grant you any authority to act on our behalf. You will remain independent of us at all times. You are an independent contractor 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 us.
Conduct
We reserve the right to end our association with you for reasons such as, but not limited to, mass unsolicited emailings or association with content of other sites whose content goes against our policies.
Technical Difficulties
Although we make reasonable efforts not to have any interruptions to Lavalife® such incidents do happen. Therefore, you agree not to hold us liable for any consequences as a result of such interruptions.
Term
Unless ended earlier, this agreement will continue until either of us notifies the other by email at the addresses provided that the agreement has ended. Commission earned and payable through to the date on which this agreement is ended, except in the case where this agreement is terminated by us for breach of terms by you in which case any accumulated monies due will be forfeited, will be paid in the normal course within three months of the agreement’s end.
We reserve the right to modify this agreement, at any time, at our sole discretion, by posting a new agreement on this site. We are not required to notify you of any changes to this agreement other than posting the changes on this site therefore we suggest you check this site regularly for the most up to date terms. Your continued link to your associate site at Lavalife® will be considered as acceptance of these changes.
Disclaimer
We make no warranties, representations or conditions with regard to the AP, 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.
Damages
We are not liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising by or from this agreement or the AP, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising out of or with respect to this agreement or the AP shall in no event exceed the total Commissions actually paid by us to you under this agreement.
Miscellaneous
This agreement may not be assigned, by operation of law or otherwise, without our prior written consent. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.
"Month" or "Monthly" shall refer to a full calendar month. "Dollar" or "$" shall refer to US Dollar.
This agreement shall be governed by the laws of Canada and the Province of Ontario, irrespective of any conflict of laws.
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