World Dating Partners permissions
WORLD DATING PARTNERS DISTRIBUTION AGREEMENT
This agreement forms the basic terms agreed for the "partnership program" between Singles Ltd trading as World Dating Partners, where the agreement constitutes a contract between the two parties and not a legal partnership.
This agreement descr ibes the entire terms and conditions for participation in the World Dating Partners Program. In this agreement, the term "Partner" refers to you and "Host Site" refers to the World Dating Partners Web site which has been created for you within an existing site hosted and operated by World Dating Partners . Wherever the agreement refers to "you" or "your", it means "the Partner"; "we" or "our" refer to World Dating Partners.
By accepting this agreement you hereby grant us the right to send you emails for the purpose of informing you of changes to the Program, special offers to partners, contests or bonuses. Should you decide to opt-out of future mailings you can email us at email@example.com, however you may not opt out of official notices regarding changes in the program or other critical information. Your continued participation in the Program will constitute your acceptance of any such future changes.
As part of the Program you will be given a password to access your Administration area and change your contact information. It is your respons ibility to maintain secrecy and control of this password so that others cannot gain access to, or change, your personal information. World Dating Partners cannot be held respons ible for any loss of information or incorrect sending of payments if you fail to protect your information.
Spam, for the purposes of this agreement, shall be defined as unsolicited commercial email sent to third parties with whom you have no existing relationship or permission to send email for the purpose of promoting or generating business, or traffic, promoting any idea, harassing anyone for any reason, etc. especially but not limited to being via bulk email. This includes posting in newsgroups, forums, etc. where they do not specifically allow commercial posts.
If you are not sure if something constitutes spam, do not do it. Anyone caught using spam to promote your links to our site or traffic to a web site that includes a link to our site will be grounds for immediate termination for cause without previous notice. Ask us if you have a question about the use of email.
If you are caught spamming your partnership may be terminated, and you agree to forfeit any commissions due, including your second tier forever, in addition to any other liabilities for damages, costs, attorneys' fees, etc.
REFERRAL FEE PERCENTAGE
You will earn 50% of the initial receipts and 50% of recurring payments as a referral fee on all memberships sold to any member who joins the World Dating Partners from your Partner Pages FOR THE LIFE OF THE MEMBER as long as this agreement remains in force. Gross receipts only include funds collected via a valid credit card, check, money order or other means and do not include refunds, returns, uncollected items, fraud or any reimbursements for costs of collection. You may not use your site for the purpose of commissioning your own membership and no premium membership benefits are included in this relationship.
TWO-TIER REFERRAL FEE PERCENTAGE
We will pay you a further amount equal to 10% of premium membership receipts, as descr ibed above, produced by other partners who joined the World Dating Partners Program directly from your Pages. This additional referral fee is paid to partners you directly refer. You may not register another site as a sub-partner of your existing site for any purpose.
REFUNDS, CHARGEBACKS, BAD CHECKS
If membership premium receipts are later refunded to the customer or charged back by the customer, or if a customer's check is returned by the issuing bank, the referral fee will be deducted from the payment sent to the partner, either within the 14 day period of sending the payment or as necessary on subsequent payments when chargebacks or refunds occur. World Dating Partners reserves the right to terminate any partner whose site(s) generate an unacceptable number of charge backs or bad checks, at our discretion.
REFERRAL FEE PAYMENT
World Dating Partners will send you a check for the applicable referral fees (including your referred member purchases and those of your partners) and a statement of customer purchase on the activation of your payment after reaching a minimum payment of $100. Any refunds, returns, etc. occurring after payment will be adjusted on the subsequent cheque/check following such adjustment. In the event that you do not have referral fees sufficient to cover said adjustments you agree to refund to us any overages within 30 days of our written request to do so.
All commissions will be paid in Euro, USD or GBP. There is no charge for issuing checks.
LOST, STOLEN, OR DESTROYED PARTNER CHECKS
It is the respons ibility of the Partner to request that a check be reissued if it is lost, stolen or destroyed, in writing, within ninety (90) days of expected funds issue date. This written request must contain as much information as poss ible to help resolve the check's inability to be deposited. Administrative fees for issuing the new cheque will be deducted from the payment.
The price charged for premium memberships sold under this program will be determined by World Dating Partners according to our pricing policies. Prices may vary from time to time as determined by World Dating Partners discretion.
CUSTOMISATION CRITERIA FOR SITE BRANDING
Partnership type Cost, $ Profiles/month Period to meet target
Template $0 N/A N/A
Co-branded $800 600 3 months
White-label $2,500 1,500 3 months
Content Provision $3,000 1,800 3 months
Portal Site $5,000 3,000 3 months
Partners requiring Branded Dating sites are expected to maintain a minimum quantity of new members to cover the cost of customization. No costs for branding will be deducted if the partner achieves the targets set in the table above.
Partners can apply for a Branded site when they consistently bring 600 profiles per month.
Partners are required to comply with UK banking regulations in terms of chargeback’s related to their site and the costs of these will be deducted from payments. It is the partner’s responsibility to ensure that chargeback’s remain at a minimum below 2.5%. Visa and MasterCard rule that consistently breaking this will result in a fine of up to £25,000. Partners are advised to check this information in the Business management center and should ask for immediate advice before letting this continue. If Partners are getting too many chargeback’s then they should take an immediate assessment of the traffic that they are processing. A list of countries that are recognized as high risk areas can be obtained by emailing firstname.lastname@example.org
PARTNER OFFERINGS TO MEMBERS
At no time shall the Partner offer or advertise, to the public, any member, or other affiliation, discounted, free, adjusted membership pricing, or any so called "bonuses, incentives, or points" in conjunction with any member purchasing a premium membership. World Dating Partners reserves its right from time-to-time to distr ibute free or discounted memberships to any members of its choice for any reasons it deems necessary in the normal course of business.
MEMBERSHIP PAYMENT PROCESSING
World Dating Partners will be solely respons ible for processing every premium membership order placed by a member on the Partner Pages. Paid membership orders will be accepted via the World Dating Partners online ordering process. Payment processing, renewal payment processing, cancellations and refund processing, and related customer service are the respons ibility of World Dating Partners . All of the rules, operating procedures and policies of World Dating Partners regarding customer subscriptions will apply to all subscription orders we receive through the Partner Pages. World Dating Partners reserves the right to reject any membership order that does not comply with our rules, operating procedures and/or policies, or the rules and policies of our credit card clearing house vendor.
TRACKING OF MEMBERSHIPS
World Dating Partners will be responsible for tracking membership sales. Statements of subscription sales activity will be provided to the Partner. To protect World Dating Partners customer privacy, the names or other personal information about specific customers will not be provided to the Partner but shall be retained exclusively by World Dating Partners . In addition, all personal information about specific customers collected by World Dating Partners shall be owned solely and exclusively by Singles Limited. The referral fee resulting from a member purchase of a membership shall be payable to the partner who is registered with us as the owner of the partner pages from which the paying member first joined the World Dating Partners Network.
You will be able to log into your account to check your statistics so that you can track your performance for each site you create and promote.
CONTACTING MEMBERS AND OTHER PARTNERS
World Dating Partners does not use its member or partner data to produce mass solicitations (spam) and all Partners must adhere to this policy. At no time shall a partner make direct contact with any members or partners for the purpose of selling, making claims of, or distr ibuting any goods, services, or beliefs, which are commercial, non-profit, religious, or otherwise oriented, including e-mail or contact for the purpose of increasing partner revenue or any other type of revenue, directly from this site or by any other means. At no time will a partner contact World Dating Partners members for distr ibution of information which is religious, pornographic, or violent in nature, or discriminatory of race, sexual orientation, age, or gender. All contact to any World Dating Partners member , from a partner, must be of a sincere nature to become personally acquainted with the member and must be performed via the partner's own membership profile, adhering to the same rules and agreements created for the protection and privacy of all other members. Violation of this portion of this agreement will result in immediate legal remedies for fraud and ill intent, as provided by law, in addition to the immediate termination of your partnership.
If you think you have a legitimate purpose for contacting another partner for other than personal reasons, please submit your intentions to us first. If we agree that the contact is warranted we will facilitate it for you.
Partners are solely respons ible for ensuring that any and all materials provided by you, via upload or any other means, including your logo, and name do not infringe upon the rights, including the intellectual property rights, of any third parties. World Dating Partners will not be respons ible if you use another party's copyrighted material in violation of the law.
We hereby grant you a non-exclusive, non-transferable, revocable right to use our logos, trademarks, trade names, and similar identifying materials in your effort to promote us pursuant to this agreement and during the term thereof as they appear in the banners supplied by us to you.
You agree not to use the materials in any manner that is disparaging or that otherwise portrays us in a negative light. We reserve all of our rights in the materials and may revoke your license at any time.
OWNERSHIP OF MEMBER REGISTRATIONS
Every member who registers is deemed to be a customer of World Dating Partners . The Partner does not have the authority to make or accept any offer on behalf of World Dating Partners . All World Dating Partners policies regarding any memberships, including pricing and problem resolution, will apply to these customers. World Dating Partners is not respons ible for any representations made by the Partner that contradict our policies.
WORLD DATING PARTNERS BRANDING
An image will be displayed on the World Dating Partners Partner Pages that identifies the Host Site as a World Dating Partners Partner. World Dating Partners reserves all rights concerning its trademark. This image and the phrase "Powered by the World Dating Partners" will be displayed on various World Dating Partners partner Pages.
RIGHT OF REPRESENTATION
The Partner gives World Dating Partners the right to represent the Partner when communicating to any members which have registered via the Partners host site. World Dating Partners obtains the right to use the Partner's brand name, logo, splash panel graphic or any other reference to the Partner's branding or identity for the sole purpose of representing the site through member communications. An instance of this representation would be sending electronic mail from the World Dating Partners servers with the Partner's host site name as the sender, in order to not confuse the member of the site he or she once registered.
The World Dating Partners Program is intended for commercial use only, paying referral fees for subscriptions sold to third parties who join the World Dating Partners through your Partner Pages. Enrolment into our program for purposes other than payment of referral fees and commercial use are subject to deletion and legal remedies may be sought. You may not use your partnership to earn a commission on your own dating membership, and obtaining a partnership does not entitle you to any dating membership privileges beyond what any other member has, whether that membership is free or paid.
World Dating Partners will make every effort to keep its Web site operational and available to the public 24 hours each day, 7 days each week. However, certain technical updates may, from time to time, result in temporary service interruptions. The Partner agrees not to hold World Dating Partners liable for any of the consequences of such interruptions.
We reserve the right to change any of the terms and conditions in this agreement, at any time and in our sole discretion, in order to adjust to changing business conditions. However it is our intention to maintain the Program as is for as long as poss ible, and we will not make any material, substantive changes unless they are in good faith and not without first giving you at least 7 days written notice to your email address of record. We will also post changes here on the web site.
Should you not agree with any changes your option will be to terminate your participation in the Program and remove all links to our site. Your continued participation in the Program shall constitute your binding acceptance of the change(s). You may decide not to continue active participation in the program and keep your second tier commissions on future sales subject to the terms and conditions in place at the time they are initiated.
TERM AND TERMINATION
The term of this Agreement will begin upon the signing of this agreement and will end when terminated by either party. You may terminate this Agreement at any time, with or without cause, by giving us written notice of termination.
You are only elig ible to earn commissions for sales that are initiated during the term hereof and subsequently complete all of the requirements as set forth under Referral Fees and Tracking above. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
If you are terminated for cause, which means you have violated a material clause in this agreement or have acted in a manner that is inconsistent with good business practices or the best interests of the partnership network, then you will forfeit any unpaid commissions, including your second tier.
If you notify us that you have terminated your own participation, but the Program continues in effect, you will no longer be elig ible to earn commissions but your existing second and third tier will continue to accrue to you per the agreement in effect at the time a commissionable sale is initiated. Any commission still owed to you will be payable per the agreement in force at that time. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
BRANDED PARTNERS EARLY TERMINATION
Partners who have requested Branded or White Label Sites have a liability to Market their site until the cost of the design and programming costs have been covered.
If a Partner requests Early Termination before his share of the revenue is equal to that of the cost, the Partner is required to pay the cost in full or in part depending on the amount that they have so far acquired.
When a Partner agreement is cancelled all access to the network will be terminated for all sites under the control of the terminated partner, and all members, premium or otherwise, who have registered at the Partner's Web site(s), will be notified of a different Web site from which they may regain access to the World Dating Partners Network.
World Dating Partners makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in World Dating Partners , the current sales policies, any membership premiums sold there under, 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
World Dating Partners shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if World Dating Partners has been advised of the poss ibility of such damages. Further, World Dating Partners ’ aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by Singles Limited to Partners under this agreement.
REPRESENTATIONS AND WARRANTIES
The Partner represents and warrants that it has the necessary and full rights, power, authority and capabilities to enter into this Agreement and to perform its obligations hereunder; that it owns or controls the rights granted or licensed to the other party herein; and that the execution of and performance of its obligations under this Agreement will not violate the rights of any third party, nor any applicable law or regulation.
The Partner shall defend, indemnify and hold harmless Singles Limited, its parent, subsidiary and affiliated companies and its and their directors, officers, employees, affiliates and agents, against any claim, demand, cause of action, debt or liability, including reasonable attorney's fees, to the extent that (i) it is based upon a breach of Partner's representations, warranties or obligations hereunder; (ii) it arises out of the negligence or wilful misconduct of Partner; or (iii)it is based upon Partner's violation of any applicable federal, state or local law or regulation in providing products or services hereunder.
Partners and Singles Limited 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. A Partner shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of Singles Limited. 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 assignees. A Partner and Singles Limited agree that the terms of this agreement and the agreement itself are confidential and neither party shall divulge the business terms and conditions of this agreement or the existence of the agreement itself without the prior written consent of the other party.
You are solely respons ible for any taxes due as a result of any commissions earned by you hereunder, or any other payments owed to government entities.
You will have no authority to make or accept any offers or representations on our behalf and you will not make any statement, whether on your site or otherwise, to the contrary.
APPLICABLE AND GOVERNING LAW
This agreement shall be governed by the laws of the United Kingdom without reference to its choice of law principles.
You have independently evaluated the desirability of participating in our Program and are not relying on any representation, statement or promise other than as set forth in this agreement.
By registering on the site, you are bound by the Terms and Conditions of this contract.