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SPEEDDATE AFFILIATE PROGRAM MASTER TERMS AND CONDITIONS
This Affiliate Program Agreement (this “Agreement”) contains the terms and conditions that govern your participation in the affiliate program (the “Program”) of speeddate.dating, Inc. (“SpeedDate”, “we,” “us” or “our”). If you are approved to participate in the Program, you (“you” or “Affiliate”) agree to be bound by this Agreement. We reserve the right, at our discretion, to modify, add, or delete portions of this Agreement at any time by posting an amended Agreement on the speeddate.dating website (the “Site”). You will be deemed to have accepted such changes by continuing to participate in the Program. If you do not agree to abide by this or any future Agreement, you are not authorized to participate in (or continue to participate in) the Program.
In connection with registering for and participating in the Program, you agree (i) to provide accurate, current and complete information about you and your organization as prompted by the application forms on the Site or Third Party Tracking System. ("Registration Data"); (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update the Registration Data and any other information you provide to SpeedDate, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
If you register for or participate in the Program on behalf of a company or other organization, you represent and warrant that you are authorized to bind such company or organization to this Agreement and to act on behalf of such company with respect to any actions you take in connection with the Program.
The Program is intended solely for users who are 18 years of age or older. Any registration for or participation in the Program by anyone under 18 is unauthorized and in violation of this Agreement. By participating in the Program, you represent and warrant that you are 18 years of age or older.
You are responsible for daily review of campaigns on our Third Party Tracking System (the “System”) and you are deemed to have accepted changes with or without the execution of any written Insertion Orders or Agreements. We may change campaign terms/pricing with notice to you through the System. Campaign details and changes shall be posted on this System including but not limited to pricing, volume caps, traffic types, and pixel restrictions. Pricing and Terms indicated on the System shall control.
Payout Occurs When: user completes a free sign up for SpeedDate for CPL campaigns, or user pays for a subscription for CPA campaigns
Payment Terms: As long as you are in compliance with this Agreement, SpeedDate will remit any Commission due to you, less any taxes that SpeedDate is required to withhold by law, within approximately 30 days following the end of the calendar month in which you earned such Commission. All Commissions will be paid by check (or other mutually agreed upon method) in U.S. dollars. Notwithstanding the foregoing, if the Commission earned by you for any month are less than $100.00, then SpeedDate will hold such Commission until the total amount earned is at least equal to $100.00. You must provide SpeedDate with written notice of any disputed Commission within 30 days after payment of such Commission.
If you are based in, and pay taxes, in the U.S., you are required to submit Internal Revenue Service form W-9, for which a U.S. tax ID such as a Taxpayer Identification Number (TIN) or Social Security Number (SSN) is required. If you are based in a foreign jurisdiction and do not pay U.S. taxes, you are required to submit Internal Revenue Service form W-8. Until SpeedDate receives your required tax information, SpeedDate will hold all payments to you.
Standard IAB Terms and Conditions apply: https://www.iab.net/media/file/IAB_4As-tsandcs-FINAL.pdf
These terms, together with the IAB Terms referenced above and the Email Campaign Compliance section below, if applicable, shall constitute a single contract. In the event of any inconsistency between the terms herein and the IAB terms, these terms will prevail.
Each party is an independent contractor. This Agreement will be governed by the laws of the State of California. Each Party agrees that any dispute, shall be decided by neutral, binding arbitration in San Mateo County, California. The arbitrator shall award costs (including, without limitation, the arbitration fee and reasonable attorney’s fees) to the prevailing party. The Parties are free to seek provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, or seek a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. The proper venue for any action permitted under this subsection regarding “equitable relief” will be the federal and state courts located in San Francisco, California. The parties hereby waive any objection to the venue and personal jurisdiction of such courts.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPEEDDATE‘S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO TOTAL COMMISSIONS, IF ANY, PAID OR PAYABLE BY SPEEDDATE TO YOU IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY (AGGREGATE LIMIT). THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
THE PROGRAM AND THE SERVICE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS" AND SPEEDDATE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PROGRAM AND THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPEEDDATE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PROGRAM OR SERVICE. WITHOUT LIMITING THE FOREGOING, SPEEDDATE DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE PROGRAM OR SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; THAT THE PROGRAM OR SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE PROGRAM OR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PROGRAM OR SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Email Campaign Compliance
SpeedDate shall deliver to Affiliate instructions for any suppression files to be accessed and downloaded in connection with any Ad delivered to you. You are responsible for complying with all applicable laws and regulations (including the CAN-SPAM Act of 2021) regarding suppression files for SpeedDate’s Ads, including maintaining and timely updating suppression files and providing you with access to the suppression files and updates for use in connection with any Ad. Affiliate will format all email lists so that it they comply with MD5 encryption.
Affiliate further guarantees that Affiliate and all of its partners and subaffiliates (if approved) will; (1) refrain from transmitting forged, false or misleading header information in any commercial email advertisement (“email”), (2) refrain from using a third party’s domain name in any email without permission of the third party, (3) will only use subject lines approved by SpeedDate and that (i) are not deceptive or intended to mislead recipient, (ii) refer to the content available inside every email and (iii) do not insinuate that a specific member of SpeedDate is trying to contact the person to whom the email is directed, (3) include the word “SpeedDate” in the from line of every email, (4) not alter the approved content of any email, (5) ensure that all emails include a return address and opt-out information that includes SpeedDate’s name and address and a statement that the email is in full compliance with the CAN-SPAM Act of 2021, and (6) will not alter or modify Ads provided by Advertiser in any way, such that the modification will violate any federal, state, or local laws, ordinances, regulations, and codes.
Your Indemnification responsibilities hereunder shall include without limitation any claim that Vendor or Vendor’s affiliates or subaffiliates displayed an Ad or sent an email in breach of this Agreement or failed to comply with any applicable law.