iStripper Affiliate Program Agreement
This Agreement contains the complete terms and conditions that apply to your participation as a member of the iStripper Affiliate Program & TotemCash affiliate program, collectively The Affiliate Program. The Affiliate Program is owned and operated by TOTEM CORE Limited with offices at Suite 48, Clifton House, Lwr Fitzwilliam St. Dublin 2. Ireland (hereinafter, "TOTEM CORE" or "TOTEM" ) to promote websites owned and operated by TOTEM ENTERTAINMENT, a French SARL company with offices at 2 avenue de l'Europe, Velizy, France (hereinafter, "TOTEM ENTERTAINMENT"). As used in this Agreement, "you" or "your" means the applicant/participating member.
This is a legal agreement between You and TOTEM CORE.
By signing-up for The Affiliate Program you are affirmatively stating that you have read and understand the Terms and Conditions set forth herein and are affirmatively indicating your acceptance of The Affiliate Program agreement and that you agree to be bound by the terms hereof. You cannot become a member of The Affiliate Program unless you have accepted each and every term hereof.
1. Rights granted to you
Subject to the terms and conditions set forth in this Agreement, and acceptance of your enrollment in The Affiliate Program (We may reject your application if we determine that your site is unsuitable for The Affiliate Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, Content Restrictions))
TOTEM CORE grants to you
- The non-exclusive right to direct, refer or send visitors or users of Your Website to websites owned or operated by TOTEM.
- A limited nonexclusive, non-transferable and revocable license to access and download promotional materials created by TOTEM CORE for use on Your Website for the exclusive purpose of advertising, marketing or promoting the TOTEM ENTERTAINMENT Websites. This license herein granted shall automatically and immediately cease upon breach of this Agreement by You, written notice from TOTEM CORE or the termination of this Agreement.
Subscribing to the Site or participating in The Affiliate Program does not grant any express or implied right to You to use our trademarks iStripper, VirtuaGirl, DeskBabes, VirtuaGuyHD. Use of our trademarks are also subject to the following paid advertising restrictions.
- The trademarks may not be bid on.
- The trademarks may not appear in ad text.
- The trademarks may appear in an ads display URL.
- The above restrictions apply to all sites that offer paid advertising (Google, msn, Yahoo, etc..).
- For each customer who makes a purchase on any TOTEM ENTERTAINMENT or TOTEM CORE Websites, who has been tracked and verified by TOTEM CORE as refered by you, for a period up to two years after the referal, TOTEM CORE will pay you a commission of 50% on each purchase, after deducting the third party billing processing fees and the VAT if it applies.
- For each affiliate you referred to us, TOTEM CORE will pay you a commission of 10% of the commission paid by TOTEM CORE to this affiliate.
The deducted third party billing processing fee is
- 12.5% if the customer has been billed thru Epoch by credit card or check
- 12% if the customer has been billed thru CommerceGate by credit card
- 10.5% if the customer has been billed thru CCBill by credit card
- 12% if the customer has been billed thru NetBilling by credit card
- 12% if the customer has been billed thru WebBilling
- 12% if the customer has been billed thru SegPay by credit card
The following VAT % apply if the customer joins from one of the following countries: Austria: 20%, Belgium: 21%, Bulgaria: 20%, Croatia: 25%, cyprus: 19%, Czech Rep.: 21%, Denmark: 25%, Estonia: 20%, Finland: 24%, France: 20%, Germany: 19%, Greece : 23%, Hungary: 27%, Irland: 23%, Italy: 22%, Latvia: 21%, Letonia: 21%, Luxemburg: 17%, Malta: 18%, Poland: 23%, Portugal: 23%, Roumania: 20%, Slovakia: 20%, Slovenia: 22%, Spain: 21%, Sweeden: 25%, The Netherlands: 21%, UK: 20%.
A commission will only be paid to you if you use the linking codes provided for your account and if the visitor you refer is successfully tracked by TOTEM CORE system from the time of the link to the time of the sale.
No commission will be paid if the visitor's payment to our site cannot be tracked directly to your account by our system or if full payment for services is not made to us by the customer. Refunds and chargebacks made by customers you referred will be deducted from your commissions.
No commission will be paid for sign-ups generated by you, your family or anyone within your organization. No commission will be paid referring yourself, your company, your organisation, your family, anyone within your organization as an affiliate or a customer and more generally if the referral is found not to be legitimate.
Refunds and chargebacks will be deducted from your earnings if any.
Pay Per Install (PPI) program
- For each install you generate to TOTEM products, you will get paid a fixed amount based on the country origin of the install. Please refer to The Affiliate Program ppi countries available here : http://affiliates.istripper.com/ppi-countries.php.
- A commission will only be paid to you if you use the linking codes provided for your account and if the visitor you refer is successfully tracked by TOTEM CORE system from the time of the link to the time of the install. No commission will be paid if the visitor's install of our product cannot be tracked directly to your account by our system or if full install is not made to us by the customer. Uninstalled made by customers you referred will NOT be deducted from your commissions. No commission will be paid for installs generated by you, your family or anyone within your organization.
3. Commission payment
Commissions due and owing to you under the Revsharing Program will be paid to you by TOTEM CORE 8 days after the end of each two weeks pay period.
For fraud prevention, first payment to new affiliates will be sent 8 days after the end of the SECOND complete pay period.
Pay Per Install (PPI) program
For fraud prevention, commissions due and owing to you under the Pay Per Install (PPI) Program will be paid to you by TOTEM CORE one full pay period plus 8 days after the end of the pay period to be paid.
Available means of payment are:
- Checks drawn on a US bank.
- Credit on prepaid MasterCard cards issued by FirstChoicePay (www.payoneer.com) or Paxum (www.paxum.com)
- Wire transfer (for amounts exceeding $1000)
4. Non-Exclusive Limited License and use of affiliate Logos and Trademarks
You grant us a non-exclusive license to utilize your names, titles and logos, trademarks (collectively the Affiliate Trademarks), to advertise, market, promote and publicize in any manner our rights hereunder.Notwithstanding anything herein to the contrary, we shall not be required to so advertise, market, promote or publicize.
You hereby represent and warrant that 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 same in the manner contemplated herein, and such grant does not or will not:
- Breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you
- Infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
This license shall terminate upon the effective date of the expiration or termination of this Agreement
5. Responsibility for your site and iStripper promotion.
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site.
You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal (including bestiality, rape, incest, child pornography, or any other content deemed inappropriate or illegal).
You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law.
Affiliate further acknowledges and agrees that TOTEM CORE has the right to immediately, and without notice, terminate your participation in The Affiliate Program if TOTEM CORE, in its sole and absolute discretion, conclude that Affiliate has engaged in any of the following
The use any form of mass unsolicited electronic mailings, newsgroup postings, IRC postings, adware, spyware, malware marketing or any other form of "spamming" as a means of promoting Affiliate Web sites or for the purpose of directing or referring users to any web sites owned, operated or controlled by TOTEM ENTERTAINMENT.
TOTEM CORE has zero tolerance for spamming.
If affiliate spams, participation in the affiliate program will be terminated, affiliate will be barred from future participation in the affiliate program and all funds otherwise due to affiliate will be forfeited to TOTEM. Affiliates wishing to send traffic to TOTEM Sites via electronic mail promotions must do so in compliance with the CAN-SPAM Act, the FTC's final rule regarding sexually explicit commercial email and the terms listed below:
- All email must include the mark SEXUALLY-EXPLICIT: (in this exact form) in the subject heading. This mark in the subject line must be in ASCII format.
- The SEXUALLY-EXPLICIT mark must also be included in the initially viewable area (termed the "brown paper wrapper") of the email message.
The initially viewable area of the message is defined as the portion of the message that is immediately visible to the recipient without taking any affirmative action to view the message, like scrolling down or clicking a link that leads to the sexually explicit material.
- Sender must EXCLUDE from both the subject heading and initially viewable area of the message any sexually explicit words or visual depictions. Therefore, the subject heading and initially viewable area must EXCLUDE words and/or images that depict the following (Actual or simulated):
- Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal penetration, whether between persons of the same or opposite sex
- Sadistic or masochistic abuse
- Lascivious exhibition of the genitals or pubic area of any person.
- In addition to the SEXUALLY-EXPLICIT mark, the initially viewable area of the email must also include the following:
- Clear and conspicuous notice that email message is for an advertisement or solicitation
- Clear and conspicuous opt-out instructions and link
- Functioning return email address or other internet based mechanism to opt out
- Clear and conspicuous valid physical postal address of email sender
- Instructions as to how to access the sexually explicit materials
Except as expressly authorized by TOTEM CORE in writing, Affiliate shall not copy, reproduce, alter, modify, change (including our product watermarks), broadcast, distribute, transmit or disseminate any banners or other promotional or advertising materials provided by TOTEM CORE pursuant to this Agreement in whole or in part, in any form or manner, at any time or anywhere in the World.
Affiliate shall ONLY use Promotional Pictures and Images provided by TOTEM CORE to promote sites that are included in The Affiliate Program. For purposes of this Agreement Promotional Pictures and Images means any of the images and/or videos provided by The Affiliate Program.
Affiliate shall disseminate, transmit, broadcast or distribute the material provided through The Affiliate Program only to consenting adults over the age of eighteen (18) years, twenty-one (21) years in those locations where that is the age of majority.
All content displayed on any web site containing TOTEM CORE banners or links, and all content displayed on any web site to which Affiliate provides third party links to, must comply with all local laws and community standards. Accordingly, Affiliate shall not include, or link to, any of the following within a website that contains TOTEM CORE banners or links, or directly or indirectly link any of the following content or material to any TOTEM CORE website through any hyperlinks maintained or created on Affiliate's Web sites:
- Material deemed obscene by TOTEM CORE, including without limitation, materials depicting bestiality, rape or torture;
- Any material not in full compliance with the provisions of 18 U.S.C. Sec. 2257
- Any material that constitutes child pornography, any material in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations, or material that involves depictions of nudity or sexuality by an age inappropriate-looking performer (i.e. someone who looks younger than 18 years of age), or by a performer who is portrayed or made to appear to be a person under the age of 18 years of age by virtue of the script, make-up, demeanor, costuming, setting, etc. Prohibited material mentioned herein includes the use of the term 'lolita' for any purpose in any fashion including, but not limited to, within meta-based tags
- Any material deemed by TOTEM CORE to be threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity
- Any material which constitutes an infringement, misappropriation or violation of any person's intellectual property rights including without limitation, copyrights, trademarks, rights of publicity, patent rights, personal property rights, privacy rights or any other intellectual property right; unless if the site is defined as an online service provider in the Digital Millennium Copyright Act and taking copyright violation very seriously to protect the rights of legal copyright owners.
- Any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature, regardless whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person.
5.6. Bundle of TOTEM's product. Obligations
You hereby warrant and undertake
- To bundle the co-bundle code only within software legally owned by you. Open-source software is a community product and you may not use our co-bundles with it.
- To be solely responsible for the distribution, content and manners of your marketing activities.
- That you will not perform any act which is libelous, discriminatory, defamatory, obscene, unlawful or otherwise unsuitable materials.
- That you will not generate traffic and/or installations of co-bundles by illegal or fraudulent activity, particularly but not limited to by
- Consumer fraud
- Drive-by installs
- Hidden installs
- Installing in the user's computers viruses, worms, or Trojan horses
- That you have to inform TOTEM of the exact ways of distribution, including Bundling Applications and URLs if required by TOTEM. Any traffic stemming from a source not abiding to the requirements in these terms will be declined.
- You will not bundle other software monetization services or product preceding/following TOTEM co-bundle. Doing so may reduce users' value and this in turn will reduce your payment.
- If complaints are received via end users, hosting companies or advertisers, TOTEM may pause the account until a review is completed.
- TOTEM upon its discretion can decide which content is considered illegal and inform you. You will have 24 hours to take action and remove such traffic.
- You will not deliver installation of our co-bundles via following traffic sources:
- Malware / Spyware products
- Hidden installs where the user is now aware of the products being installed
- Deceptive banners: Banners that fool the end user to click on the "download" button.
- Content lock sites/products/services
- Paid or forced downloads
- Incentivized traffic or "get paid to surf" or "get paid to click" type websites
- Bundling with illegal music, movies or any other illegal content
- Hate, racist content sites/websites
- Your software must be compliant with the below services
Any provision of inaccurate or incomplete information to TOTEM CORE concerning your identity, bank account, address or other required information; Any attempts to cheat, defraud or mislead TOTEM CORE in any way; Misrepresenting to the public the terms and conditions of TOTEM ENTERTAINMENT's Websites or your Websites.
6. Know your customer policy
In order to maintain the highest level of security, we require all our members to provide us with certain documentation in order to verify their accounts.
We require the following personal information to become a Verified Member before enabling any payment:
- Photo ID such as a passport or Driver's License is preferred.
We also need proof of the address on your account with us.
- A utility bill (water, electricity, cable, cell phone) in your name is best, but a bank statement or credit card statement is also acceptable.
Scan your documents, or take a high quality digital camera picture, save the images as jpegs, then upload the files using our secure form.
7. Term of the Agreements
The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address in our records, is considered sufficient notice for us to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination.
TOTEM CORE shall at all times have the right, in its sole and exclusive discretion, to terminate The Affiliate Program and any and all Program Benefits relating to your Participation in The Affiliate Program at any time and may do so with or without prior notice or cause and may notify any and all persons who were referred by you of such termination and any new methods, locations, or techniques for logging in to and accessing TOTEM ENTERTAINMENT Websites.
TOTEM CORE will terminate your affiliate account if it has been inactive or idle (no new customers referred by you) for a period longer than six months. TOTEM CORE has the right to terminate your participation in The Affiliate Program at any time and may do so with or without prior notice or cause.
Program Benefits are not transferable by you and may only be used by you in association with your Website while you are participating in The Affiliate Program and are a Participant in good standing.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and The Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in The Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
9. Relationship of Parties
You and TOTEM CORE 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 reasonably would contradict anything in this Section. You are not an agent of TOTEM CORE and TOTEM CORE expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
10. Limitation of Liability
TOTEM CORE 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 Affiliate 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 Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to The Affiliate Program or any TOTEM CORE services or other items sold through The Affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a 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.
12. Representations and Warranties
You hereby represent and warrant to us that 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; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the:
- Provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you
- The terms of any other agreement, document or instrument applicable to you or binding upon you.
Should any law enforcement agency, internet service provider or other person or entity provide TOTEM CORE with notice that you have engaged in transmission of unsolicited e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
We may disclose to you certain information as a result of your participation as part of The Affiliate Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to:
- Any modifications to the terms and provisions of The Affiliate Program Agreement made specifically for your site and not generally available to other members of The Affiliate Program
- Website, business, and financial information relating to TOTEM CORE
- Customer and vendor lists relating to TOTEM CORE and any members of The Affiliate Program other than you.
Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your 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 or if same is required by law or legal process. We make no warranty, express or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your use or such third person's use of the information.
You hereby agree to indemnify, defend and hold harmless TOTEM CORE and TOTEM ENTERTAINMENT, their shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "losses"), insofar as such losses (or actions in respect thereof) arise out of or are based on:
- Any claim or threatened claim that our use of your trademark(s) infringes on the rights of any third party
- The breach of any promise, covenant, representation or warranty made by you herein
- Any claim related to your site.
Terminated accounts cannot later apply to The Affiliate Program without our express written consent. This Agreement will be governed by the laws of Irland, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our 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.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. The sole and exclusive venue for any action arising under this Agreement will be the state and federal courts Florida, and you hereby submit to the jurisdiction and venue of such courts.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TOTEM CORE. BY SIGNIN-UP FOR THE AFFILIATE PROGRAM AGREEMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THE AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.
By clicking on the join us button on the signup form, or Your actual use of the TOTEM CORE Program or acceptance of payments, You are acknowledging that You agree to all of the terms, conditions, promises, warranties, duties and obligations set forth in the above Agreement.
Last modification date: 2016-03-23