Affiliate Program Terms and Conditions
The posted Terms and Conditions govern your participation in the Fierce Dog Affiliate Program, including the use of Fierce Dog Media Corp's ("The Company") services and any materials that the Company may provide to You for use in association with your participation in the our affiliate webmaster program ("The Program").
To participate is the Program you must be 18 years of age or older and be an adult as the term "Adult" is defined where you are located during your participation in the Program and agree to all the Terms and Conditions set forth now and any future amendments.
If you are not 18 years of age or not an adult in the area where you are located you are not authorized by the Company to access any Program materials or any part of the Site.
By participating in the Program or by using any materials provided to you by the Company, you agree to be bound by the posted Terms and Conditions.
The Company may modify the terms of this Agreement by posting such changes to the website. Your participation in the Program, use of Company Materials, or use of any services provided by Company and/or it's agents after the effective date of any such notice shall constitute your acceptance of all such changes.
You fully acknowledge, understand and accept the responsibility of keeping abreast of all amendments, modifications and other changes in and to this Agreement, the Company's Privacy Policy and notices posted on Program Websites.
You acknowledge and agree that any and all offers to you to participate in the Program are, and at all times were, subject to all the terms and conditions, obligations, limitations. You acknowledge and agree that by participating in the Program you will be bound by all the terms and conditions set forth in this Agreement, and thereby expressly agree to the all of the terms of the Program.
Subject to the terms and conditions set forth in this Agreement, the Company grants to you, the following limited, nonexclusive, nontransferable and revocable rights during the time you are a Program Participant In Good Standing:
- The limited, nonexclusive, nontransferable and revocable right to participate in the Program.
- The limited, nonexclusive, nontransferable and revocable right to direct and/or refer adult visitors or users of your Websites to one or more Program Websites.
- A limited nonexclusive, nontransferable and revocable license for You to use Program Materials provided by the Company.
- The rights granted to you in this Agreement shall automatically and permanently terminate upon the termination of your participation in the Program by any means.
- Referral Fees subject to the terms and conditions set forth in this Agreement, for each person who becomes a paid subscriber to a Program Website and who has been tracked and verified by the Company as a Referral by CCBILL to a Program Website from Your Websites, You will receive a Referral Fee in accordance with the Commission Payout Disclosure.
- Notwithstanding the foregoing, You acknowledge and agree that You shall not be entitled to a Referral Fee from Company for any Referral or subscription to any Program Website that the Company determines is fraudulent activity, or anything that violates any terms or conditions.
- You agree that Company shall have the right to determine what constitutes fraudulent activity as set forth below but not limited to; a bad flagged credit card is used, multiple subscriptions or attempted subscriptions originating from a single IP address, any credit card abnormalities as determined by the company, where there is a pattern of "bursting subscriptions" from a website in a relatively short time span, use of a credit card that is in a negative BIN number database, when there have been multiple attempts to register with a credit card using the same BIN number and sequential or multiple number strings to complete the credit card number.
- Commission Payout Referral fees are paid at the rate of 50% of the referred subscriber's membership fee minus 50% of the credit card processor's fee.
- Referral fees for recurring memberships are paid on the initial signup fee and all rebills until the subscriber cancels or the subscriber's membership is otherwise terminated. Referral fees on non-recurring memberships are paid on the one-time signup fee only.
- If a referred subscriber's membership is refunded or charged back for any reason, the referral fee that was paid on the subscription will be deducted from your account.
- Your rights to participate in the Program can be terminated if there has been an abnormal number of chargebacks or cancellations of memberships or subscriptions that have been referred to Company from you. You acknowledge and agree that Company shall have the right, in its sole and exclusive judgment, to determine what constitutes an "excessive" number of chargebacks or cancellations of memberships.
- The Company reserves the right, in its sole and exclusive discretion, at any time to alter or modify the method and terms of payment benefits to Participants and the duration of the Program.
- You must truthfully complete all the required fields of requested data during the sign-up process to participate in the Program.
- In consideration of the Company providing you with Program benefits, you agree that the you will not, directly or indirectly, link any of the following content or material to any Company Websites through any hyperlinks maintained or created on the your Web site: obscene material, any material which is displayed or transmitted to minors, any material in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations, any material not fully in compliance with 18 U.S.C. Sec. 2257 et seq., any material which constitutes child pornography, any material which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity, any material which constitutes an of any person's intellectual property, any program, file, data stream or other material which contains viruses, worms, "Trojan horses".
- You will not generate Referrals from, any persons in the following countries: Afghanistan, Albania, Argentina, Armenia, Azerbaijan, Bahrain, Belarus, Bhutan, Bosnia and Herzegovina, Brazil, Bulgaria, China, Colombia, Costa Rica, Croatia, Cuba, Czech Republic, Ecuador, El Salvador, Egypt, Estonia, Georgia, Hong Kong, Hungary, India, Indonesia, Iran, Iraq, Jordan, Kazakhstan, Korea (North and South), Kyrgyzstan, Latvia, Lithuania, Macedonia, Malaysia, Republic of Moldova, Mongolia, Pakistan, Philippines, Poland, Romania, Russian Federation, Saudi Arabia, Singapore, Slovakia, Slovenia, Syria, Taiwan, Tajikistan, Thailand, Trinidad and Tobago, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, Venezuela, and Vietnam.
- The Company shall at all times have the right, in its sole and exclusive discretion, to terminate, suspend or modify any person's participation in the Program.
- The Company, in its sole and exclusive discretion, shall have the right at any time to change or modify any Program.
- Program Benefits are not transferable by you and may only be used by you.
- You agree that you will not use the Program, Program Benefits or any materials or rights provided to you in direct or indirect association with any activity that is prohibited by any law, regulation or rule.
- You agree that you will not engage in any illegal activity, including, without limitation, disseminating or otherwise using unlawful Spam, unlawful Instant Messages, Chatroom, Newsgroup, ICQ or IRC postings, or using any other forms of unlawful unsolicited electronic advertisements or other communications.
- You agree that you will not engage in promoting, publishing, distributing or otherwise using, any illegal content, including child pornography or any content that is not in compliance with the 2257 Regulations, material advocating or providing assistance to terrorists, and content comprising infringing works, defamatory material, or stolen passwords.
- You agree that you will not cheat or defraud any other Program participant, other company operating an affiliate program or any of Company's sponsors, contractors, or other related parties. Also you will not participate in any unfair or deceptive advertising, including any such activity prohibited by Section 5 of the FTC Act, such as any representation, omission, or practice that is likely to mislead consumers and improperly affect consumer's behavior or decisions about a product or service.
- The Company reserves the right to cooperate in any investigation relating to activities involving any violation of this Agreement, or any violation of any law.
- All Program Materials and other materials provided to you in association with the Program shall remain the property of Company.
- You may not register or use any domain name that includes or is similar to any Company Trademarks.
- No illegal unsolicited spamming is allowed at any time. Also the exact phrase "SEXUALLY-EXPLICIT:" must be contained in capital letters as the first 19 characters at the beginning of the subject line. You also agree to comply with all state laws regulating email, such as the "do not email" registry laws, such as the Utah Child Protection Registry Act. You also agree to comply with all foreign laws regulating the use of unsolicited bulk email message transmissions as they apply to any subject email transmissions you generate.
- If You are residing in the United States, only citizens or resident aliens of the United States may participate in the Program and you must supply Company with a Federal Tax ID or Social Security Number that is representative of, and exactly matches the payee name you provide to the Company.
- You hereby acknowledge that You understand that the Company does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the Program Materials, Program Websites and other Company websites by any person, including you, who is located in any of the areas designated as prohibited areas as defined by each local community. All parts of the following countries: Saudi Arabia, The United Arab Emirates, Kuwait, Afghanistan, Iran, and other countries operating under Sharia law, Syria, Libya, Sudan, Jordan, Pakistan, Egypt, Lebanon, Iraq, Somalia, The Republic of China, North Korea, Singapore, Japan, Germany; and
- You shall hold harmless and indemnify Company against any claim for damages, attorneys' fees, costs, fines, financial penalties, and assessments resulting from your action while you are part of the Program.
- You acknowledge and agree that we shall have no control, nor ownership interests of any kind in your business or your Websites.
- You acknowledge and agree that Company makes no guaranties or warranties of any kind with respect to the Program, Program Materials, or Program Benefits provided by, through or in association with the Program.
- You acknowledge and agree that under no circumstances shall Company, its directors, officers, other principals, shareholders, employees, independent contractors, authors, agents, attorneys representatives, assigns or successors be liable to You, or any other person or entity, for any direct or indirect losses, injuries or incidental or consequential damages of any kind.
- You acknowledge and agree that the term of this Agreement is at will, and that this Agreement and Program may be terminated by Company in its sole and exclusive discretion, at any time, without any advance notice.
- Company reserves the absolute right to deny any prospective Referral.
- You agree that Company may from time to time, in its sole and exclusive discretion, modify this Agreement
- Any and all disputes as to the interpretation of, or any performance under, this Agreement that are not first resolved informally, shall be determined by binding arbitration in Los Angeles, California, before a single arbiter.
- This Agreement and all matters arising out of or otherwise relating to this Agreement shall be governed by the laws and judicial decisions of the State of California.
By Completing the CCBILL form and Signing up with the FierceDog.com CCBILL Affiliate Program you are acknowledging that you agree to all of the terms, conditions, promises, warranties, duties and obligations set forth in the above Agreement.
The policies and practices described in this disclosure are subject to change, but we will communicate any significant changes to you as required by applicable law. The policies and practices described in this disclosure replace all previous notices or statements regarding this subject.
