By joining, using or participating in any one of the White Label Partner (the "WL Partner") programs (the "Program" or "Programs") operated by I.M.L. SLU. (the "Company") for the site owned by the WL Partner (the "Site"), you, the WL Partner (as defined below), is entering into a binding agreement with the Company. BY PARTICIPATING IN THE PROGRAMS AND BY USING THE SITE THE WL PARTNER ACKNOWLEDGES THAT IT ACCEPT AND AGREES TO THIS AGREEMENT AND ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, INCLUDING THE ANTI SPAM POLICY (the "Terms"). IN ADDITION, IF THIS AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS AGREEMENT ON BEHALF OF THAT COMPANY OR LEGAL ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.
THE WL PARTNER IS ABSOLUTELY PROHIBITED FROM PROMOTING THE SITE BY EMAIL.
THIS MEANS NOT ONLY NO SPAM, BUT NO EMAILS PERIOD.
NOTE THAT SPAMMING ON MOBILE THROUGH SMS IS ALSO PROHIBITED.
Failure to comply with any one of the terms of the Anti-Spam Policy will lead to immediate termination of such WL Partner's account and forfeiture of all of such WL Partner's commission earnings.
For the purpose of this Agreement, the following capitalized terms shall have the meaning ascribed to them hereunder:
(a) To display materials on WL Partner's Site, including but not limited to: banners, content; text Links; images and text (the "Materials"), solely for the purpose of promoting the Company's Websites. WL Partner hereby acknowledges and agrees that the Company is, and shall remain, the exclusive owner of the Materials, and that these Materials may not be copied, reproduced, altered, modified, changed, broadcast, distributed, transmitted, disseminated or offered for sale or rental in any manner, at any time, unless authorized and consented to in writing by the Company.
(b) If WL Partner elects to have the Company operate a white label website on the WL Partner's domain or sub-domain (i.e. domains that are not owned and/or registered by the Company), the WL Partner grants the Company an exclusive license to operate that domain or subdomain, including among the rest, arranging for transaction processing, engaging with a billing service providers and establish security protocols.
(a) Convert the Rev. Share Program into per sign-up program (CPA), based on a Commission payment of US$X for every Referred Sign-Up on all platforms (PC, tablet and mobile) (the "Per Sign-Up Program").
(b) Engage, in addition to the Rev. Share Program, in Per Sign-Up Program.
All records that are kept with the Company are kept at:
Avinguda Sant Antoni 27
The WL Partner hereby represents and warrants that the Site complies and will continue to comply throughout the term of this agreement with 18 U.S.C. § 2257, and its regulations. To the best of the WL Partner's knowledge, all persons that appear in any visual depiction of actual sexually explicit conduct (as that term is defined in 18 U.S.C. § 2256) appearing or otherwise contained in the Site were at least eighteen years old at the time of the creation of such depictions.WL PARTNER RESPONSIBILITY
(a) WL Partner is legally competent and have full authority to enter into this Agreement and the Terms;
(b) WL Partner's website and all materials, content and services offered through and in associations with the WL Partner's website do not contain any of the following at any given time:
i. Violate any law, or regulation or promote illegal activities of any kind including but not limited to: obscene materials and/or child pornography;
ii. Content which is defamatory, libelous, hateful, abusive or harassing;
iii. Content which promotes violence in any way; or
iv. Any form of sending unsolicited bulk, junk, spam emails or any material, which contains computer viruses, worms, "Trojan horses", software locks, drop-dead devices, malicious logic or trap door, worms, time bombs, corrupted files or other computer program routines that are intended to delete, disable, deactivate, damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or any other destructive feature.
(c) WL Partner will comply with all applicable federal, state and local laws in the performance of its obligations, including but not limited to regulations regarding: the forbiddance to engage in any activity that is considered spoofing, the forbiddance to send unsolicited emails (spam), the forbiddance to use a misleading header in the subject line of each and every email sent, having a valid removal link on each and every email the WL Partner sends and using a valid "from" address on each and every email sent;
(d) WL Partner shall place appropriate warnings on the Sites and all materials, content and services offered through and in association with the WL Partner's websites which contain or may contain or link to any adult or sexually related material.
(e) WL Partner shall not advertise or solicit members for the Company or the Site by email, text messages, twitter messages, telephone calls, flyers, handouts, US mail, posters, coupons, brochures, in-person solicitations or solicitation by any other means, unless having a written permission from the Company. Every year, no later than January 15, the WL Partner must certify to the Company in writing that the WL Partner is in compliance with this anti-solicitation requirement for the previous calendar year. If the Company will not receive of this certification by January 15 each year, then all Commission payments due to the WL Partner will be suspended until the Company receives this certification.
(f) WL Partner hereby commits to comply with all of the terms of the Anti-Spam Policy of the Site and understands that failure to comply with any one of the terms of the Site's Anti-Spam Policy will result in immediate termination of its account and possible forfeiture of all of its earnings as well as possible commencement of legal proceedings against the WL Partner.
All materials on the Company's Websites, and Site, including the Materials are proprietary to the Company, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. Any Company materials, including those appearing on the Company's Websites, Site and the Programs, may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission. Subscribing to the Site does not grant any express or implied right to the WL Partner under any of its trademarks, copyrights or other proprietary information. No representation is made that the materials available on the Company's Websites are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited.
(a) Promoting content such as: bestiality, child/minor pornography, rape, obscenity, violence, or any other illegal activity;
(b) Attempting to defraud the Company in any way;
(c) Providing incorrect or incomplete account information;
(d) Violating or infringing any rights of any person or entity, including without limitation, any copyrights, trademark rights, patent rights, rights of publicity, privacy rights or any other intellectual, personal or property right;
(e) Displaying sexually explicit ads to consumers unless the consumers are actively seeking out sexually explicit content or unless the consumers have consented to viewing sexually explicit content;
(f) Displaying sexually explicit pop-up ads in non-adult sites, to promote the Company's Websites or the Site. The Company has the sole desertion to determine if a site is adult oriented or not in regards to this clause;
(g) Any other breach of the Terms, as amended from time to time or the rules and regulations of any Program(s); or
(h) The Company has reason to believe that any of the foregoing has occurred or is likely to occur.
By using or participating in the Program WL Partner is acknowledging that WL Partner have read and agreed to all of the terms and conditions, set forth above.
This is s a 3rd party white label program. All of the participants are required to comply with our strict Anti-Spam Policy and are prohibited from sending any promotional emails in connection with the Company's Websites or the Site.
If WL Partner is on the receiving end of any of such email, please notify the Company so that Company may take appropriate action against the responsible party. Please note that Company's Website itself does NOT allow its WL Partners to advertise by email any of the Company's Websites or the Site.
Although unauthorized emails may at times be sent, the Company certainly can and wish to take action against the violators of our Terms and Conditions and Anti-Email Policy, and terminate the accounts of those responsible.