FaithMate - Affiliate Program

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Terms and Conditions
	To be an authorized affiliate of Faithmate.com and the Faithmate Relationship, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the FaithMate.com service as an affiliate. By signing up for the Faithmate.com affiliate program, you indicate your acceptance of this agreement and its terms and conditions. Updated 14/11/07 MyFaithDate.com Inc. Affiliate Agreement For: FaithMate.com & the FaithMate Relationship Network Affiliate Agreement and Standard Terms This agreement contains the complete terms and conditions that apply to your participation as an affiliate in the FaithMate.com Affiliate Program (the "Program"), and the establishment of links from your affiliate website to any of our authorized Websites. As used in this agreement, "we", "us" or the "Service" means FaithMate.com and its designated websites, and "you" or "Affiliate" means the applicant. "Site" and "Website" means a World Wide website and, depending on the context, refers to either a FaithMate.com Site or to the Site that you will link to our Site. "Registrant" means any unique person who completes the registration form and registers for a service provided by FaithMate.com or one of its Websites. "Subscriber" means any unique person who completes the registration form and registers for a service provided by FaithMate.com and from which FaithMate.com or one of its Sites collects a subscription fee. 1) Background Information a. MyFaithdate.com Inc is the owner and operator of Internet introductory services for singles (the "Service") residing in the USA & Canada provided through various FaithMate.com Websites, located at various URLs (the "Website"). b. FaithMate.com has developed a technology that tracks the registration, participation and subscription revenue generated from users of its services that originate from Affiliates' websites. c. Affiliate is interested in and FaithMate.com has agreed to the provision of a link to the Service in Affiliate's website. d. Affiliate and FaithMate.com each desire to establish the general terms and conditions which shall govern the provision of the Service in Affiliate's website and the commission arrangements between Affiliate and FaithMate.com which result from it. 2) Application Process To begin the process you must submit an application requesting to join the Program. We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your Site is unsuitable for the Program for any reason. Such reasons may include, but not be limited to, those sites determined to be "Unsuitable." Unsuitable Sites include those that: a. Promote sexually explicit materials b. Promote violence c. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age d. Promote illegal activities e. Violate intellectual property rights f. Promote the use of bulk email or spam g. Contain content that is threatening, defamatory, fraudulent, obscene or harassing 3) Promotion You may provide a general link on your Site to our home page in a format to be approved by FaithMate.com. We will provide you with guidelines and graphical artwork to use in linking to our home page. You agree not to make any representations, warranties or other statements concerning FaithMate.com ., the Service, users of the Service and any of the products or services provided by FaithMate.com ., or the policies of FaithMate.com and/or the Service except as expressly authorized by FaithMate.com. Furthermore you agree that your website shall not, in any way, copy or resemble the look and feel of, or create the impression that it is, part of the FaithMate.com service or any of MyFaithdate.com Inc’s subsidiaries' websites. PPC Search Marketing: Affiliate is encouraged to participate in paid search engine marketing (such as Google AdWords and Overture Precision Match, etc.) provided that Affiliate complies with the following guidelines: a. Affiliate shall not bid on trademarked names or brand names of any FaithMate property without written consent by FaithMate. If Affiliate bids on FaithMate trademark names without consent, FaithMate may withhold commission payments or terminate Affiliate’s account or both. If consent is granted to Affiliate, then Affiliate shall not bid above FaithMate for such terms; b. Affiliate shall use a direct link to a FaithMate Site, whenever possible, in PPC listings; if using a direct link to a FaithMate site is not possible, Affiliate shall use a link that leads to a page that promotes the related FaithMate site(s); c. Affiliate agrees to report to FaithMate any unauthorized bidding on FaithMate trademark names or brand names by other affiliates or competitors, so that FaithMate may pursue all damages against such violators. 4) FaithMate Responsibilities We will be responsible for providing information necessary to allow you to make appropriate Links from your Site to our Site. We will be solely responsible for processing every Registrant and, or Subscriber who follows a special Link from your Site, for tracking the number of Registrants and Subscribers generated by your Site, and for providing information to you regarding Registrant and Subscriber statistics. 5) Other Responsibilities and Opportunities of Affiliate Sites a. If you qualify for and agree to participate in the Program, you shall display links prominently throughout your Site as you see fit and with our consent. b. Compliance with the Agreement: We have the right in our sole discretion to monitor your Site at any time and from time to time to determine if you are in compliance with the terms of this Agreement. c. We may modify the content, banner graphics or other items provided to you at any time at our discretion. You may not modify such content in any way without prior written approval from FaithMate.com. <b>6) Referral Fees Paid For Registrations (Leads) </b> If so designated per the terms of your participation in the program, we will pay you referral fees for US and Canadian Registrants that register at one of our Sites. For a Registrant to generate a referral fee, the customer must follow a special link (in the format specified by FaithMate.com .) from your Site to the FaithMate.com Site; complete the registration form; and submit the registration form to us. We will not, however, pay additional referral fees for customers that register for more than one FaithMate.com service after they have registered for the initial service. Furthermore we may not pay referral fees for customers that register that are not residents of the USA or Canada. The referral fee for the Lead option shall be equal to a one-time payment per unique registrant referred by your site. The Program is intended for commercial use only, and you may not register through the Program for your own use. Nor may you "incentivize" or otherwise offer, or solicit an offer, of kickbacks or other compensation to users in exchange for their registering or subscribing for our service(s). Such registrations may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement. As an Affiliate, you will be entitled to the commission amount as displayed on the Program Overview page of the FaithMate Affiliates web site and which may be changed or modified from time to time at our sole discretion. In order for a commission to be paid, the Registrant who you referred to our site will be tracked by our tracking system from the time the link is activated until the time of the completed registration. No commission will be paid if the visitor to our site cannot be tracked by our system. Only free registrations, for which we have received a valid application, will qualify for a commission. For a registration to generate a commission, the Registrant must follow the link from your site to our site, and completely sign up for a free membership through our online ordering system. For purposes of illustration only: (i) if a visitor comes to our site once from a link from Site A, but does not register and then later returns to our site from a link from Site B, where they then register - all commissions will be paid to Site B; (ii) if a visitor comes to our site from Site A, but does not register and later returns directly to our site to register, a commission will be paid to Site A, provided that the visitor returns to register at our site within the return day return window, and assuming that the visitor has not clicked through from Site B or some other affiliate site between the time they visited from Site A and the time they return to register. The return day window length can be found on the Program Overview page or the FAQ page of the FaithMate Affiliates web site. We reserve the right to change the return day window length at any time. After reviewing Affiliate statistics, we will automatically convert Affiliates that do not meet the ratios defined on the Program Overview page. For example, after reviewing affiliate statistics, we may convert affiliates that do not meet a 20:1 (free registrations to paying subscription) from a per lead payout to a percentage payout without notification. If you do not agree with our decision to change the payout status, your affiliate membership will be terminated as provided in paragraph 14. 7) Referral Fees Paid For Subscriptions (Sales) If so designated per the terms of your participation in the program, we will pay you referral fees for Subscribers referred by your site. For a Subscriber to generate referral fee, the customer must follow a special link (in the format specified by FaithMate.com.) from your Site to the FaithMate.com Site; complete the registration form; submit the registration form to us; and submit payment to us. The Program is intended for commercial use only, and you may not register or subscribe through the Program for your own use. Nor may you "incentivize" or otherwise offer, or solicit an offer, of kickbacks or other compensation to users in exchange for their registering or subscribing for our service(s). Such registrations and, or, subscriptions may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement. As an Affiliate, you will be entitled to the commission amount as displayed on the Program Overview page of the FaithMate Affiliates web site and which may be changed or modified from time to time at our sole discretion. In order for a commission to be paid, the Subscriber who you referred to our site will be tracked by our tracking system from the time the link is activated until the time of the completed subscription. No commission will be paid if the visitor to our site cannot be tracked by our system. Only subscriptions, for which we have received a valid application and subsequent payment, will qualify for a commission. For a subscription to generate a commission, the Subscriber must follow the link from your site to our site, and completely sign up for a paid subscription through our online ordering system. For purposes of illustration only: (i) if a visitor comes to our site once from a link from Site A, but does not subscribe and then later returns to our site from a link from Site B, where they then subscribe - all commissions will be paid to Site B; (ii) if a visitor comes to our site from Site A, but does not subscribe and later returns directly to our site to subscribe, a commission will be paid to Site A, provided that the visitor returns to register at our site within the return day return window, and assuming that the visitor has not clicked through from Site B or some other affiliate site between the time they visited from Site A and the time they return to subscribe. The return day window length can be found on the Program Overview page or the FAQ page of the FaithMate Affiliates web site. We reserve the right to change the return day window length at any time. 8) Commission Payment You will be paid commissions on an approximate monthly basis. Approximately thirty-five days following the end of each calendar month, we will send you a check for the commissions earned on Net Sales of Subscriptions sold and numbers of Registrations generated that month (if applicable), less any taxes that we are required by law to withhold. However, if the commissions payable to you for any month are less than $50.00 (the "Commission Payment Threshold"), we will hold those commissions until the total amount due is at least equal to the Commission Payment Threshold. The Commission Payment Threshold is subject to change at any time or from time to time. You will be notified of any change in the Commission Payment Threshold. If a Subscriber disputes or rejects a purchased Subscription, and FaithMate has already paid Affiliate a commission based on the sale of that Subscription ("Disputed Commission"), FaithMate will deduct the amount of the Disputed Commission from Affiliate's next monthly commission payment. If there are no subsequent commission payments due Affiliate, FaithMate will send Affiliate a bill for the amount of the Disputed Commission, and Affiliate agrees to pay such bill no later than thirty days after its receipt. 9) Reporting and Statistics You will be given a username and password and have the ability to enter a password-protected Site to receive your Registrant statistics on a daily basis. This site may be hosted by FaithMate.com or a designated FaithMate.com partner. At the time of your acceptance into the program you will be notified as to the location of the reporting site. 10) Affiliate Responsibilities (We disclaim all liability for these matters) You will be solely responsible for the development, operation, and maintenance of your Site and for all materials that appear on your Site. For example, you will be solely responsible for: a. The technical operation of your Site and all related equipment b. Creating and posting FaithMate.com promotions and linking from those promotions to our Site c. The accuracy and appropriateness of materials posted on your Site (including, among other things, all product-related materials) d. Ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, Privacy, or other personal or proprietary rights) e. Ensuring that materials posted on your Site are not libelous or otherwise illegal. 11) Policies Registrants who register for the FaithMate.com service will be deemed customers of FaithMate.com and are the sole and exclusive property of FaithMate.com. Accordingly, all of our rules, policies, and operating procedures concerning Registrants, Subscriptions and customer service will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for the services under the Program in accordance with our own pricing policies. 12) Publicity You shall not, and shall not permit others to, create, publish, or distribute any written material that makes reference to us without first submitting such material to us and receiving our written consent, which we agree shall not be unreasonably withheld. 13) Licenses and User of the FaithMate.com Logos and Trademarks 1. WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH LINKS CREATED AND USED SOLELY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS, TO USE OUR LOGOS, TRADE NAMES, TRADEMARKS, AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF PROMOTING FAITHMATE.COMAND FAITHMATE.COMWEBSITES ON YOUR SITE FOR REGISTRATIONS. YOU MAY NOT CHANGE OR ADD TO THE LICENSED MATERIALS IN ANY WAY. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS TO THE EXTENT THAT YOU ARE A MEMBER IN GOOD STANDING OF THE PROGRAM. (1) You shall not make any specific use of any Licensed Materials for purposes other than promoting FaithMate.com on your Site without first submitting a sample of such to us and obtaining the prior written consent of your FaithMate.com account executive, which shall not be unreasonably withheld. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light. We reserve all of our rights in the Licensed Materials and all of our other proprietary rights. We may revoke your license at any time, by giving you written notice. (2) You grant to us a non-exclusive license to utilize your names, titles, and logos, as the same may be amended from time to time (the "Affiliate Trademarks"), to advertise, market, promote, and publicize in any manner our rights hereunder; provided, however, that we shall not be required to so advertise, market, promote, or publicize. This license shall terminate upon the effective date of the expiration or termination of this Agreement. 14) Term of the Agreement The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party pursuant to the provisions herein. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on registrations occurring during the term. 15) Modification and Notification We may modify, amend or otherwise cancel any of the terms and conditions contained in this Agreement, at any time in our sole discretion. Such modifications will be posted on our Site. Modifications may include, but are not limited to, changes in the scope of available referral fees, referral fee schedules, payment procedures, and the Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Program following our posting of a change notice or new agreement on our Site will constitute binding acceptance of the change. It is your responsibility to become familiar with this agreement and to regularly check our Site for such modifications, including but not limited to the discontinuation of the program. 16) Relationship of Parties You and FaithMate.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Site or otherwise, that would contradict anything in this Agreement. 17) Disclaimers We make no express or implied warranties or representations with respect to the Program or anything sold through the Program (including, without limitation, warranties of merchantability, FITNESS FOR A PARTICULAR PURPOSE, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our Site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors. 18) Representations and Warranties You hereby represent and warrant to us as follows: a. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. b. The execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties. c. You are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to us the license to use your trademarks in the manner contemplated herein, and such grant does not and will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. d. No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby. e. There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you, or any affiliate of yours, with respect to the execution, delivery or consummation of this Agreement, or with respect to your trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding. 19) Confidentiality Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a subpoena issued by any court or administrative agency, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Act of 1933, as amended, and the rules and regulations promulgated there under, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated there under. 20) Limitation of Liability We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement. 21) Indemnification You hereby agree to indemnify and hold harmless FaithMate.com ., and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, other owners, and Registrants, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your Site, including, without limitation, content therein not provided to you by us. 22) Independent Investigation YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. 23) Governing Law, Jurisdiction and Enforcement This Agreement has been made in and shall be construed and enforced in accordance with Utah law. Any action to enforce this agreement shall be brought in the federal or state courts located in Santa Monica, CA. The parties hereby consent to the jurisdiction of such court with respect to any action, suit or proceeding commenced in such court by the either party. All correspondence to FaithMate.com shall be sent via registered mail to the FaithMate.com headquarters to the attention of the FaithMate.com Legal Department. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that any other or others of them may be invalid or unenforceable in whole or in part. In the event of litigation, the prevailing party shall be entitled to reimbursement of attorneys' fees and other pertinent expenses by losing party. Through your participation in the program you agree and accept the Affiliate Agreement and Standard Terms contained herein and as updated from time to time. Mailing address: FaithMate.com . 3025 Olympic Blvd, Suite 315 Santa Monica, CA 90404 Fax: 310.829.7124
	I have read, understand and agree to the above terms and conditions.

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