Accord du Programme d’Affiliation d’Amateur.cash
(uniquement dans la version anglaise)
Las Vegas, Nevada, USA, on June 21st 2022
These terms and conditions constitute a legally binding agreement (the “Agreement”) between the applicant, webmaster or affiliate (the “Applicant”) and the company, web or affiliate program (the “Company”), operated by VTS Media Inc, incorporated under the laws of the United States.
The Agreement regulates the relationship between the Applicant and the Company, regarding the URL Domain license to distribute the Company’s products and services and the advertisements and promotions of the Company Websites.
Company’s Websites: website(s) owned, operated or controlled by the Company or its subsidiaries, including White Label Websites developed, maintained or hosted by the Company or its subsidiaries.
Program: all marketing and promotional goals established by the Company as well as its subsidiaries and partners, and to their respective set of rules, benefits, revenues, and corresponding obligations arising from the execution of the present Agreement, namely pertaining to the use of marketing tools offered on the Company’s Websites, including White Label Websites, and in compliance with rules and regulations inherent to their use, as well as any means used to promote the Company’s Websites, the Applicant being bound by the principles and provisions set forth in the present Terms of Service.
White Label: all URL Domains owned by the Applicant whose content is fully operated by the Company with the Applicant’s name and/or brands. The Applicant may advertise or promote his White Label on other websites that will not be considered as the White Label.
Unique Link: links provided by the Program to the Applicant to be used for referral of individuals to the Company’s Websites that will identify the Applicant’s account in the Program.
Commissions: all benefits or earnings the Applicant receives through the Program assigned, with the users referred by Unique Links and/or White Labels. These benefits are paid by the Company through the payment method chosen by the Applicant in his affiliate account.
Schedule 1 – ELIGIBILITY
1.1 The Applicant expressly declares to be at least eighteen (18) years of age or the age of majority in the Applicant jurisdiction if it is greater than eighteen (18).
1.2 The Applicant expressly confirms its knowledge that the nature of the Company’s Websites is oriented to adult entertainment exclusively, and declares to be aware of the responsibilities associated with this type of content. The Company’s Website contains explicit sexual content as seen at, but not limited to www.amateur.tv.
1.3 The Applicant may address any queries or comments to the Company at the following e-mail address: affiliates[at]amateur.cash.
Schedule 2 – OBJECT
2.1 The purpose of this Agreement is to provide the Applicant with a non-exclusive right to send visitors, traffic or users from their website(s) to the Company’s Websites or White Labels, without any obligation to exercise such non-exclusive right under the present Agreement.
2.2 The purpose of the Program is to give Commissions to the Applicant according to its details for each kind of referred user and their activities on the Company’s Website. Those activities may include but are not limited to validating email, purchasing not including the provider cost directly applied to the user, broadcasting or participating in the affiliates program. The default Program detailed Commissions are announced on the affiliates website amateur.cash and the specific Program assigned to the Applicant is shown in their affiliate account.
2.3 The purpose of the White Label is to provide the Company with an exclusive license to use the Applicant’s URLs to distribute the Company’s products and services online through the Company’s IPs and with the Applicants chosen brand. The Applicant will receive the Commissions detailed above from the activities of new users on those White Labels.
2.4 The purpose of the Unique Links is to provide the Applicant a unique way to identify the individuals they bring who may register on the Company’s Websites and generate Commissions for the Applicant by means of the Program.
2.5 The Termination of the Agreement is referred to in Schedule 7 below.
Schedule 3 – PROMOTIONAL MATERIALS
3.1 The promotional materials created by the Company including, but not limited to, photographic materials, video, hypertext links, advertising banners, recordings and any form of intellectual property rights are property of the Company and will remain the property of the Company during and after the duration of this Agreement.
3.2 These promotional materials cannot be sold, reproduced, copied, distributed or altered unless expressly authorized by this Agreement or in writing by the Company.
3.3 The Applicant has a non-exclusive, non transferable, limited and revocable right to access the promotional materials for the exclusive purpose of promoting, advertising or marketing the Company’s Websites or the services provided through the Company’s Websites. This right is automatically and immediately ceased upon termination or breach of any term of this Agreement.
3.4 The Applicant is the sole responsible of the use of the promotional materials, provided on an « as is » basis by the Company under this Agreement.
3.5 The Applicant shall not display, directly or indirectly, through any means, negative or offensive advertising on the Company’s Websites or the White Labels, by use of any material provided under this Agreement. The Applicant will be solely responsible for any damages suffered by the Company as a result of such conduct, regardless of the motivation.
3.6 The Applicant acknowledges that any promotional materials of any kind, which promote the Company’s Websites or services must be pre-approved by the Company in writing before being displayed on the Applicant’s website(s).
3.7 The Applicant may be warned and the Agreement suspended or terminated in case of using questionable marketing techniques and any type of unsolicited messages. In addition, the company reserves the right to withhold any pending payment of any nature to the Applicant and/or any other person/webmaster referred by the Affiliate.
Schedule 4 – RELATIONSHIP BETWEEN THE PARTIES
4.1 The relationship between the Applicant and the Company is restricted to matters related to the Program only, which are governed by the Agreement in its entirety.
4.2 The Company shall have no direct or indirect control or ownership interests of any kind in the Applicant’s business or website(s). Notwithstanding, this provision shall not be applicable in case the Company provides a White Label Website to the Applicant under a White Label expressed in this Agreement.
4.3. The Applicant shall have no financial or other interest in the Company, or in any assets owned by the Company, its agents, affiliates, successors or assigns.
4.4 The Applicant will not provide, use, or promote any content that is: (i) illegal; (ii) stolen; (iii) fraudulent; or (iv) in violation with any part of the Agreement used to participate to the Program as well as on the domain name (or any subdomain of said domain) that is directed to the IP address of the Company’s Websites or its subsidiaries and which are offering live cam services in the form of a White Label Website or any of the Company’s Websites.
4.5 Notwithstanding any provision in this Agreement to the contrary, the Company has no direct control nor ownership interests over the content provided by the Applicant services, the manner or the duration of the provision of such services, except as specifically set forth in this Agreement.
4.6 Neither the Company nor its employees or agents will exercise any monitoring, supervision or prior approval of the content that appears or is distributed through the applicant websites, except in the case of the White Label website.
4.7 The Applicant is solely responsible for the content provided on the Applicant’s website and will be solely responsible for any legal liability or consequence resulting from the dissemination of the content through the Applicant’s website(s).
4.8 This Agreement shall neither be construed nor constitute the creation of any employment relationship, collaborative venture or corporate partnership between the Applicant and the Company, and/or their associates.
Schedule 5 – APPLICANT DECLARATIONS
5.1 The Applicant confirms to be aware that the business is classified as High Risk in Internet services and unilaterally agrees to participate in it.
5.2 The Applicant acknowledges that the Program is not an offer or business opportunity of any kind.
5.3 The Applicant further confirms and expressly agrees that neither the Company nor any of its agents has at any time communicated any guarantee of any kind in relation to the Program profitability or the recoupment of funds as per the revenue generated by the Program.
5.4 The Applicant acknowledges the right of the Company to change the Applicant at any time from one Program to another, with retroactive effect even, by adjusting the benefits of the associated Program, including both the use of Unique Links and/or White Labels. It is understood that some causes favoring such action include, but are not limited to, substandard performance and suspected foul play such as incentivizing purchases.
5.5 The Applicant expressly agrees to release the Company from any claims and agrees to hold the Company harmless for any losses resulting directly or indirectly from the Applicant’s decision to participate in the Program in accordance with this Agreement.
5.6 The Applicant confirms that they shall not enforce or attempt to enforce any claim, in any way, to any title or right, interest in or to any intellectual property which belongs to the Company or its subsidiaries, unless otherwise agreed in written by the parties.
5.7 The Affiliate declares that they have not belonged, do not belong or will not belong to any organization or group that is involved in any criminal conduct or unlawful activity of which they are aware.
5.8 The Applicant declares to be fully responsible for the content present in its web domains or any subdomain, and for the use of the content generated by the Company or its subsidiaries in the White Label Websites, as the case may be.
5.9 The Applicant acknowledges that the presence of unacceptable content on the websites participating in the Program and/or on the White Label Websites, related to the domain name or subdomain, may imply the immediate cancellation of the Affiliate’s account and the termination of this Agreement, being the Company entitled to withhold any pending or future payments, income or benefits.
5.10 The Applicant confirms to be aware of the prohibition of registering domain names that would cause a dilution of the trademark, and of the unauthorized use of a trademark identical or confusingly similar to the Company’s trademarks, including, but not limited to, amateur, amateurs, amater, amaters.
5.11 The Applicant hereby expressly acknowledges and accepts that it is forbidden to solicit, persuade or coax members who have already signed up to the services of the Company’s Websites, or members subscribed in the Company’s network (i.e. other Applicant’s White Labels, third-party partners’ sites, etc.). In the event such activities are detected, the Company reserves the right to warn the Applicant and/or suspend/terminate the Agreement and withhold any pending payments/referrals of whatsoever nature to the Applicant.
5.12 The Applicant agrees not to use the Company’s websites as promotional tools (eg, full page popup, etc.) and not to generate an excessive volume of requests from any search engine bot to the White Label website.
5.13 The Applicant confirms that the persons participating and accepting this agreement have the necessary authority and are entitled to contract on behalf of the Applicant.
5.14 The Applicant shall give a minimum of three (3) months of grace period before removing any DNS pointing to the Company’s IPs for the White Label service. In that period the Company shall perfom all the necessary actions to keep the registered users from that White Label inside the community of the Company’s Websites.
5.15 The Applicant acknowledges and hereby agrees that registered users and all data generated by them on the Company’s Websites, and/or the White Labels, are in no way the property of the Applicant, nor are the registered users customers of the Applicant.
5.16 In case of non-compliance with the declarations, the Company can cancel the Affiliate’s account and may unilaterally terminate the Agreement with the Affiliate in full, without payment of the fees to the Affiliate.
5.17 The Applicant declares to be aware of and to fully assume the tax obligations applicable to them based on their jurisdiction. This obligation includes the corresponding tax declarations and payment of taxes that are due according to the applicable regulations in the Applicant’s jurisdiction. The foregoing shall be complied with by the Applicant with full indemnity for the Company.
Schedule 6 – APPLICANT ACCOUNT
6.1 The Applicant shall be the account holder in order to log in to the Program’s website and provide the necessary information. With that account the Applicant shall be able to access the Program’s statistics and the promotional material, among others offered by the Company.
6.2 The Applicant shall create the account as an individual or on behalf of a company or other entity. All references to the Applicant in this Agreement are referred to the person, company or entity registered in the account.
6.3 The Applicant provides complete, real and accurate information and the Applicant is responsible for keeping that information updated. The Applicant shall not use another person or entity’s information without authorization.
6.4 The Applicant acknowledges that having more than one account without the express permission of the Company may imply the immediate cancellation of the Applicant’s account and the termination of this Agreement, being the Company entitled to withhold any pending or future payments, income or benefits.
6.4 The Applicant is solely responsible for maintaining the confidentiality of the account and for maintaining restricted access to it. The Applicant is also solely responsible for all activities that occur on the account. The Applicant shall notify the Company immediately of any breach of security or unauthorized use of the account.
6.5 The Company shall not be liable for any losses, damages, liabilities or expenses caused by any unauthorized use of the Applicant Account. Without limiting the other indemnification provisions hereof, the Applicant shall indemnify the Company and hold it harmless for any unauthorized use of the account.
Schedule 7 – TERMINATION
7.1 The Applicant may terminate the participation in the Program at any time by providing a 15 day notice to the Company.
7.2 The Applicant acknowledges that the Company has the right to terminate the Applicant’s and/or any other person’s participation in the Program within the terms set in this Agreement.
7.3 The Applicant agrees that the termination by any cause may result in the Company not paying any pending or future payments, income or benefits, for purposes of, but not limited to, overcoming future chargebacks or new commissions coming from users who continue to register, validate email, purchase, perform and refer from previous links.
7.4 Upon termination, the Applicant shall immediately forfeit all the rights to, but not limited to, the use of promotional materials, White Labels, Unique Links and trademarks provided by the Company. The Applicant shall remove all such content from their websites.
7.5 For the purposes of a termination of this Agreement by any cause, the Participant shall remove the White Labels as referred in schedule 5 paragraph 14 above.
Schedule 8 – DATA PROTECTION
The Applicant, in accordance with the General Data Protection Regulation (EU Regulation 2016/679) and all other applicable legal texts, undertakes to adopt the necessary security measures according to the nature of the information processed in accordance with Royal Decree 994/1999, of June 11, approving the Regulation on security measures for automated files of a personal nature. In this way, the Applicant assumes any liability that may be required of the Company based on the indicated legislation for actions or omissions that are the responsibility of the Applicant.
With respect to personal data of users from other jurisdictions, the Applicant will ensure compliance with all federal, state and local laws of such jurisdiction and will take all security measures in compliance with such local laws to protect such personal data and specifically the Applicant will comply with the privacy rights regulations in the State of Nevada and the privacy rights regulations in the State of California found in the California Consumer Protection Act (CCPA) and other applicable laws and regulations.
Furthermore, the Applicant agrees to use such data only for the purposes of the Program, and not to apply or use such data for any purpose other than that stated, nor to communicate such data, including for retention, to other persons, where such communication has not been expressly permitted in writing by the data controller or the Company’s Data Protection.
Schedule 9 – DISCLAIMER OF WARRANTIES
The Company’s Websites are provided on an “as is” and “as available” basis. We do not warrant that the Websites will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Websites. WHERE PERMITTED BY LAW, THE APPLICANT ACKNOWLEDGES THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. THE APPLICANT UNDERSTANDS AND AGREES THAT ANY USE THE APPLICANT MAKES OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT THE APPLICANT’S OWN DISCRETION AND RISK, AND THAT THE APPLICANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE APPLICANT’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Company’s Websites by us or by any User or any other person or entity. The Applicant acknowledges that any reliance upon any such opinion, advice, statement or information shall be at their sole risk. The Company’s Websites may contain errors, omissions or other outdated information. The Company reserves the right to correct these errors. If The Applicant has any questions, or believes they have encountered any type of error, please contact us at info[at]vtsmedia.com.
Schedule 10 – MISCELLANEOUS PROVISIONS
I. LIMITATION OF LIABILITY
WHEN PERMITTED BY LAW, THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, LOSS OF DATA, FINANCIAL LOSSES, SPECIAL, INDIRECT CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT WHERE CAUSED BY THE COMPANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY LIABILITY TO THE APPLICANT WILL NOT EXCEED, IN THE AGGREGATE, THE LESS OF ANY REMAINING OF THE COMMISSIONS EARNED (BUT ONLY IF THE APPLICANT VOLUNTARILY CANCELED THEIR ACCOUNT), OR THE SUM OF $150 USD. IN ALL INSTANCES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
In any case, the Company will not be liable for, but not limited to, the following circumstances:
- Errors, mistakes, or inaccuracies in the content;
- Personal injury or property damage resulting from the Applicant’s access to and use of the Website or its content;
- Content on the Company’s Websites (including User Contributions) or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
- Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access or changes to the Applicant account or data;
- Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect the Applicant computer or affect the Applicant’s access to or use of the Website, the Applicant’s other services, hardware, or software;
- Incompatibility between the Website and the Applicant’s other services, hardware, or software;
- Delays or failures the Applicant might experience in starting, conducting, or completing any transmissions to or transactions with the Website;
- Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website.
To resolve or report a complaint regarding the Company’s Website, send an email detailing the Applicant complaint to info[at]vtsmedia.com. In appropriate circumstances, we will take immediate action in order to help resolve the problem. The Applicant agrees that in attempting to resolve any complaint the Applicant sends to us we may, in the Company’s sole and exclusive determination, share the Applicant complaint in part or in whole with other individuals involved and/or otherwise implicated in the complaint. The Applicant acknowledges as well that we will not be obligated to answer or take any action within any specific deadline.
III. CHOICE OF LAW
The Applicant agrees that these Terms are governed by the laws of Las Vegas, State of Nevada, USA, without regard to its choice of law provisions.
The Applicant hereby agrees that, if The Company becomes involved in any dispute relating to or arising out of the Applicant use of the Platform, any such claims, including any private attorney-general representative claims, will be resolved by binding individual arbitration and not in court. There is no judge or jury in arbitration proceedings, and awards made by an arbitrator are not generally appealable in court except in rare circumstances. Arbitrators can, however, award damages on an individual basis identical to what can be awarded by a judge. An arbitrator hearing a claim is obligated to follow these Terms as a judge in a regular court proceeding would be. The United States Federal Arbitration Act and United States federal arbitration law apply to these Terms. To commence an arbitration proceeding, the Applicant must send a notice to us at info[at]vtsmedia.com. The arbitration will be conducted by a designated arbitrator under the applicable rules, including the Consumer Rules, and the Federal Arbitration Act. Payment and fees for the arbitration are governed by the arbitration rules. We will reimburse the arbitration filing fees for claims of less than $1,000 except where the claims are ruled to be frivolous. The arbitration will be held in Washoe County, Nevada. Neither party will be entitled to an award of its attorneys’ fees or costs incurred in arbitration, except where the court has ruled that the other party’s claim is frivolous.
Regardless of where the Applicant resides, to the fullest extent permitted by law, the Applicant expressly agrees that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, nor is combining individual proceedings without the consent of all parties.
V. ENTIRE AGREEMENT
These terms plus any policies referenced herein or on the site represent the entire agreement between the Applicant and the Company. To the extent that there is a conflict between these Terms and any other policy, these Terms will prevail except where expressly stated to the contrary.
These Terms are severable. If any provision or portion of these Terms is held to be invalid or otherwise unenforceable, such provision or portion shall be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, or if legally impossible, such provision or portion shall be ineffective only to the extent of such invalidity, and the remainder of these Terms will continue in full force and effect. If any provision or portion of these Terms may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision will have the meaning that renders it valid and enforceable.
VII. NO WAIVER
If any party fails to enforce a right provided by these Terms, it does not waive the ability to enforce any rights in the future.
Any information relating to the Company or any of its related entities that we provide or make available to the Applicant in connection with the Program that is not known to the general public, or that reasonably should be considered confidential, shall be considered « Confidential Information » of the Company and shall remain the sole property of the Company. The Applicant shall only use and utilize such Confidential Information to the extent reasonably necessary for the Applicant’s execution and performance of this Agreement and shall ensure that all persons or entities having access to the Confidential Information in connection with its account are aware of and comply with the obligations set forth in this clause. The Applicant shall refrain from disclosing and disclosing the Confidential Information to any third party (other than the Applicant related entities subject to confidentiality obligations) and shall take all measures reasonably necessary to protect the Confidential Information from any use or disclosure that is not expressly authorized under this Agreement. This restriction is in addition to the terms of any confidentiality or non-disclosure agreement, if any, that may exist between the parties and shall apply as long as the Agreement is in effect and for 5 years after its termination.
The Company can change these Terms at any time. In case of major changes or changes that somehow affect the Applicant’s rights, the Company will let the Applicant know by email or by posting a notice on the site 15 days prior to the new Terms going into effect. If the Applicant does not agree to the new Terms, they shall delete their account within this 15-day period; the Applicant failure to do so will result in their Account and their Content being subject to the new Terms.
X. OFFICIAL LANGUAGE OF THESE TERMS
We drafted this agreement in the English language, and therefore no translations into any other languages, whether commissioned by the Company or by any third party, will have any legally binding effects.
XI. CONTACT INFORMATION