To be an authorized affiliate of Adammale/adammale.com, you agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering and using the Adammale Cash service as an affiliate. By signing up for the Adammale Cash Affiliate Program, you indicate your acceptance of this agreement and its terms and conditions.
Adammale CASH TERMS & CONDITIONS
adammaleCash is committed to offering erotic content on the Internet that meets the highest possible standards for acceptability, and that prevents minors from viewing inappropriate material. Therefore we require the following of any affiliate prospective affiliate website in order for them to be accepted into the program:
1. You must have a notice of age requirements (18 or older) at the entrance to your site before any explicit sexual material, pictures or text. Any depiction of actual sexual conduct should be viewed only following a user passing through age verification. Prior to age verification, the viewing of pictures showing nude individuals is acceptable; however, there must be no sexual activity, self-touching of genitals, or detailed depictions of genitals or the pubic area displayed or described. This standard includes your own content as well as visuals in other banners and advertisements on your site.
2. The following types of subject matter are considered unacceptable and will not be permitted on an affiliate website:
a. Incest
b. Bestiality
c. Depictions of underage participants (including participants who are dressed and depicted as underage, even though the participants are clearly adults)
d. Non-consenting or coercive sex (including depictions of sex with individuals who are sleeping or under the influence of drugs or alcohol)
e. Sex acts associated with pain or violence
f. Bondage (where consent of participants is not clearly depicted)
g. Urination and defecation
h. Any website that "takes over" a user's web browser, installing software without the user's permission or not releasing the browser to the user's control (multiple pop-ups) on exit from any page within the affiliate site. (If leaving your site causes a user to reboot their system to close the browser, your site will not be accepted.)
i. WAREZ sites
j. We reserve the right to reject sites on Geocities/Yahoo, Angelfire, AOL/Compuserve, MSN, Tripod, or any other free web host, or any web host on which adult content is not in compliance with the host's terms and conditions.
Note that should your website have some bondage pictures, we may find them acceptable if it is clear that the participants are willing. If you have very heavy bondage material, we will probably not be able to accept you.
3. If your site is members only, registration only or has other restricted areas where the Adammale banner may be placed, you must provide a user name and password on the application form so these areas can be reviewed for acceptability. Your site must be live and online at the time of review. Because of the review standards above, we DO NOT accept websites that are offline or have not been built.
TERMS OF AGREEMENT
1. Abbreviations
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the AdammaleCash Affiliate Program (the 'Program'). As used in this Agreement:
• 'AM' refers to Adammale, a division of PHE, Inc., located at 302 Meadowlands Drive, Hillsborough, NC 27278
• 'Affiliate' refers to the applicant
• 'Site' means a World Wide Web site.
• The AM Site means Adammale site located at the URL www.adammale.com.
• The 'Affiliate's Site' is a Site owned and operated by the Affiliate that will link to the AM Site.
2. Enrollment in the Program
The Affiliate applies for enrollment in the Program by submitting the enrollment form found on the AM Site. AM will evaluate the Affiliate's application and notify the Affiliate of the Affiliate's acceptance or rejection. AM may reject the Affiliate's application for any reason at its sole discretion. If AM accepts the Affiliate's application, the Affiliate agrees not to allow any content on the Affiliate's Site which constitutes unacceptable subject matter and to abide by the other Requirements for Affiliates set forth above (which are incorporated herein by this reference).
3. Termination of Affiliate
AM may at any time and for any reason, at its sole discretion, terminate an Affiliate's participation in the Program. Such termination may be made by postal mail or e-mail. Upon being notified of such termination, the former Affiliate must immediately remove any and all AM icons and links from the Affiliate's Site to the AM Site, and must cease making any claims of being an AM Affiliate. Without limiting AM's discretionary right to terminate for any reason, as stated above, AM reserves the right to terminate any account that does not have a valid and functioning e-mail address or if the URL of the Affiliate's Site becomes invalid or inoperative. In the event an Affiliate is terminated from participation in the Program for violating of the terms of this Agreement, the Affiliate will forfeit any earned and unpaid commissions beginning the date the violation was found. AM may in its sole discretion agree to reinstate an account upon receipt of a request for reinstatement in writing sent to affiliate@adammale.com.
4. Link on The Affiliate's Site
Upon acceptance into the Program, the Affiliate may post an AM logo on the Affiliate's site and a link to the AM site.
5. Referral Commissions Schedule
The Affiliate will earn referral commissions based on Qualifying Revenues according to referral commissions schedules to be established by AM. 'Qualifying Revenues' are revenues derived by AM from AM's sales of products with respect to which Affiliate is entitled to a commission (as described below), but excluding costs for shipping, handling, gift-wrapping, taxes, service charges, credit card processing fees, and bad debt. Products returned by customers for refunds shall not qualify for referral commissions.
6. Qualifying for Referral Commissions
AM will track all purchases made from the AM Site by customers who come directly from the Affiliate's Site, or who have come to the AM Site from the Affiliate Site and have returned later and made a purchase. The Affiliate will receive referral commissions from all such purchases as described below. AM reserves the right to reject any order from any customer for any reason, including, but not limited to the age or location of the customer. For a product sale to be eligible to earn a referral commission, the customer must enter the AM Site by way of a link from the Affiliate's Site, select and purchase the product using AM's automated ordering system, accept delivery of the product at the shipping destination, and remit full payment to AM. Once a customer coming from the Affiliate's Site has registered with the AM Site—whether or not they have made a purchase—the Affiliate shall qualify for referral fees from that customer, even if the customer comes to the AM Site by a route other than the Affiliate's Site. If the new customer does not make a purchase within 30 days of registering with AM, the Affiliate loses any claim to any commissions on later purchases from that customer.
7. Commissions from Downline
In addition to commissions from customers coming directly from the Affiliate's Site, Affiliates will receive fees from customers coming from the Affiliate's Downline Sites. A downline Site is a Site that has signed up for the AdammaleCash Affiliate Program by coming to the sign up site directly from the Affiliate's Site.
8. Referral Commission Amounts
The base referral commission is 30% for customers coming from the Affiliate's Site and 5% for all tiered sites. On subsequent purchases from an Affiliate's customers, AM will add a 5% bonus payment for all future product purchases made online. The 5% bonus will be paid on sales from product sales on AM only, and is not available for recurring membership entertainment sites. AM reserves the right to change these fees upon notification by an alteration to this Agreement posted on the AM Site. AM reserves the right to compensate different Affiliates with different referral fees. The Affiliate understands that AM 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 the Affiliate's Site. Adammale does not pay referral fees on sales from the Adammale retail stores, orders placed by mail or phone, or via the Adammale catalog.
9. Referral Commissions Credited on Shipping
Referral commissions will be credited to the Affiliate's account only at the time the customer's credit card is charged, not at the time the purchase is made. AM charges the customer's credit card at the time the product is shipped. While AM does everything possible to maintain adequate stock, out-of-stock items can sometimes delay shipping.
10. Referral Commissions for Registration
AM will pay the Affiliate a referral commission of $1.00 for each unique visitor to the AM Site referred from the Affiliate Site who registers as an AM member, if the visitor makes a merchandise purchase from the AM Site within 30 days of registration. However, AM does not pay for new registrations of previously registered customers. AM will also pay the Affiliate $5.00 for each new webmaster approved for the Affiliate Program, referred through the Affiliate's link. This is in addition to the downline commissions referred to above.
11. Referral Commission Payment
AM will pay the Affiliate referral commissions on a monthly basis. Approximately 30 days following the end of each calendar month, AM will send the Affiliate a check for the referral commissions earned on AM's sales of qualifying products that were shipped during that month, less any taxes that AM are required by law to withhold. However, if the referral fees payable to the Affiliate for any calendar month are less than $25, AM will hold those referral fees until the total amount due is at least $25 or until this Agreement is terminated. If the customer returns a product that generated a referral fee, AM will deduct the corresponding referral fee from the Affiliate's next monthly payment. If there is no subsequent payment, AM will send the Affiliate a bill for the referral commission.
12. Identifying The Affiliate as an AM Affiliate
AM will make available to the Affiliate one or more icons bearing the AM logo that will enable customers to 'click' and go the AM Site. These icons may be changed by AM from time to time at AM's sole discretion. Because the Affiliate posts a URL to the icon—which resides on a server maintained by AM—AM will be able to change icons at any time without any actions on the part of the Affiliate. AM reserves all of its intellectual rights to its logo and any other graphic images or text that appears on its icons or the adammale.com website.
13. Term of the Agreement
The term of this Agreement will begin upon AM's acceptance of the Affiliate's Program application and will end when terminated by either party. Either the Affiliate or AM may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination by postal mail or e-mail. Upon the termination of this Agreement, the Affiliate will immediately cease use of—and remove from the Affiliate's Site—all links to AM's Site, and all AM trademarks, logos, and all other materials provided by or on behalf of AM to the Affiliate pursuant hereto or in connection with the Program. The Affiliate is only eligible to earn referral commissions on AM's sales of qualifying products occurring during the term, and referral commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. AM may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. Notwithstanding anything to the contrary in this Agreement, Affiliate will forfeit any earned but unpaid commissions at the time of termination if termination of the Affiliate from the Program is with cause.
14. Modification of the Agreement
AM may modify any of the terms and conditions contained in this Agreement, at any time and in AM's sole discretion, by posting a change notice or a new agreement on AM's Site. Modifications may include—but are not limited to—changes in the referral commissions, referral commission payment schedules, payment procedures, and Program rules. If any modification is unacceptable to the Affiliate, the Affiliate's only recourse is to terminate this Agreement. The Affiliate's continued participation in the Program following AM's posting of a change notice or new agreement on AM's Site will constitute binding acceptance of the change.
15. Relationship of Parties
The Affiliate and AM are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Affiliate will have no authority to make or accept any offers or representations on AM's behalf. The Affiliate will not make any statement—whether on the Affiliate's Site or otherwise—that reasonably would contradict anything in this paragraph or in this Agreement as a whole.
16. Fulfillment and Customer Service
AM is responsible for receiving, processing and shipping of all orders and resolving all customer service problems—including shipping, authorization of credit cards, customer questions and returns. AM is not responsible for delays in shipment including, without limitation, delays caused by product availability, failure to authorize customer credit cards, or incomplete information given by the customer. While AM is infrequently out of stock due to carrying large inventories, AM cannot guarantee product availability for shipment or sale.
17. Sales Performance
AM is not responsible for the performance of sales from the Affiliate Site. Affiliates are responsible for their own equipment and software and for compliance with all laws applicable to their sites. Proper website design and placement of links on the Affiliate Site is solely the responsibility of the Affiliate. AM is not responsible for sales not attributed to the Affiliate due to improper coding or placement of links.
18. Email Promotions and Spamming
Affiliates may not send any e-mail messages to customers or prospective customers—including any “spamming”—that mention the AM name, utilize or display AM trademarks, or feature any AM products, promotion or content. Affiliate may send promotional e-mail messages that promote the Affiliate Site (without mentioning AM) to its existing customers, but may not send any unsolicited e-mails (i.e., no spamming) and may not utilize any third party mailing lists. Affiliate shall comply with all federal and state laws relating to e-mail.
Affiliate shall ensure that its promotional e-mail messages contain:
a. the words "THIS EMAIL IS AN ADVERTISEMENT", clearly in the body of the e-mail
b. clear notice that the recipient may unsubscribe from future e-mail from the Affiliate
c. a functioning return e-mail address that remains valid throughout the term of the Affiliate agreement
d. clear notice of the Affiliates' physical postal address. Commercial e-mail messages sent by Affiliates must not contain any sexually explicit images or text.
If the message links to a website that includes sexually explicit images or text, the subject line of the e-mail must begin with the words "SEXUALLY-EXPLICIT.” The body of the e-mail must also include the words "SEXUALLY-EXPLICIT,” and the link to the Affiliate's website must be accompanied by a warning that the viewer should not click on the link if he or she wants to avoid viewing sexually explicit images or text. Any violation of this Section 18 may result in immediate termination from the Affiliate Program and forfeiture of any earned commissions not yet paid.
19. Search Engine Placement and Search Terms Advertising
Affiliate may not place search engine advertisements (pay per click, paid advertising, etc.) using the adammale (or any variations of) trademark or brand name without express permission of adammale. In addition, you may not run paid placement listings (such as via Yahoo Search Marketing or Google AdWords) where ads for the program:
a. link directly to any of our stores
b. are triggered by words directly associated with Adammale or any of the sites in our network, specifically company names ( or variations of) or URLs.
You may use PPC ads ONLY to drive traffic to your own website or store. You may not use Adammale affiliate links in PPC ads, nor link from PPC ads to any Adammale store. You may not place banners or links containing your affiliate id on websites, forums or blogs not directly owned or controlled by you. You may not append your affiliate ID to a product URL or datafeed and upload it to a free classified ad site such as Google Base.
20. White Label Stores
Certain special terms and conditions will apply to Affiliate if Affiliate
a. offers a membership site (i.e., offers content to members who have paid a fee for membership)
b. has received written approbal from AM for a "white label" store.
A white label store is a store which is co-branded with Affiliate's logo and trademarks and the AM logo and trademarks. White label stores may be either custom designed or created with a template provided by AM. Note that approval for participation in the White Label Affiliate Program must be obtained separately from AM, and only after Affiliate is accepted into the Affiliate Program as described in Section 2 above. Such approval may be requested by contacting affiliate@adammale.com after Affiliate's acceptance into the Affiliate Program. If approval is granted, it will be subject to Affiliate's acceptance of the special terms and conditions applicable to customized or templated white label stores, as applicable.
21. Limitation of Liability
AM 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 AM has been advised of the possibility of such damages. Further, AM's aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to the Affiliate under this Agreement.
22. Disclaimers
AM makes no express or implied warranties or representations with respect to the Program or any products sold through the Program—including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. AM does not promise, guarantee, represent or warrant that access to the AM Site will be error-free, accessible and uninterrupted at any particular time or that AM will always be able to process orders or information properly or in a timely manner. AM makes no promises, guarantees, representations or warranties in connection with its operation of the AM Site or its fulfillment or customer service functions or its products.
23. Independent Investigation
The Affiliate acknowledges that the Affiliate has read this Agreement and agrees to all its terms and conditions. The Affiliate has independently evaluated the desirability of participating in the Program and is not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
24. Non Assigment
The Affiliate may not assign this Agreement—by operation of law or otherwise—without AM's prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
25. Non Waiver of AM's Rights
AM's failure to enforce the Affiliate's strict performance of any provision of this Agreement will not constitute a waiver of AM's right to subsequently enforce such provision or any other provision of this Agreement.
26. Paragraph Headings
Paragraph headings contained herein are for the convenience of the parties only. They shall not be used in any way to govern, limit, modify, or construe this Agreement and shall not be given any legal effect.
27. Governing Law
This Agreement will be governed by the laws of the United States and the state of North Carolina, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in North Carolina and the Affiliate irrevocably consents to the jurisdiction of such courts.
28. New York State Affiliate Amendment
Thank you for being an active PHE, Inc. New York state based affiliate. This is an amendment to the standard PHE, Inc. Affiliate Agreement. This automatically binding amendment results from the New York State Tax Department’s April 2008 ruling establishing an Internet sales tax on orders from New York residents for companies with “advertising partners” in New York.
This ruling is so potentially damaging some companies are closing their New York state affiliates. We are not taking this action, but the state of New York’s new Internet Sales Tax requires these amendments:
o Affiliate agrees to market PHE, Inc. websites using approved banners or text links provided by Company.
o Commissions will only be earned when approved banners or text links are used.
o Use of unapproved links or banners may provide cause for immediate termination of Agreement.
o Affiliate agrees not to incorporate product datafeeds on their site or sites.
Acceptance of these amendments and conditions is automatic and effective May 30, 2008. If you would like to opt-out of the PHE, Inc. affiliate program, please email respond affiliate@adammale.com.