Tittygram Affiliate Agreement
By checking the box “I agree to the Terms of Service” You expressly acknowledge and agree, on Your own behalf as an individual, and on behalf of Your employer or another entity which has not yet done so (collectively “You” or “Your”), that You are entering into a binding legal agreement with SP Dmitrieva Elena Valeryevna (INN 080501109803 OGRN 318344300128381) (“Tittygram” or “We”), are over 18 years of age, have full authority to bind such employer or other entity, and have understood and agree to comply with the terms and conditions below. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
In order to register Tittygram Affiliate Program (Program), You are required to create an account (Account) on the Tittygram Site that will serve as online application for Your enrollment as an Affiliate. You agree not to create an Account for someone else or use the others Account without permission. During registration You must provide accurate and complete information. You are responsible for the activity that occurs in the Account. Your must keep access information to Account secure. You must immediately notify Tittygram of any security breach or unauthorized use of Your Account. You are solely liable for the activity that occurs in connection with the Account.
This agreement commences upon approval of Your online application by Tittygram. You will receive email notification when Your application will be approved of denied. Tittygram may reject any application for any reason. Tittygram will reject any application to place its link on a web site, email, social network group, blog etc. that contains, in Tittygram’s sole opinion, any objectionable content. Objectionable content includes content that is unlawful in any manner, harmful, threatening, defamatory, obscene, offensive, harassing, sexually explicit, violent, unlawfully discriminatory, or is otherwise objectionable. Tittygram will also reject applications to place its link on a web site, email, social network group, blog etc. that contains links to and advertisements for web sites with objectionable content, gambling sites and casinos.
3. Display of Tittygram’s Link
We will provide to You the technical specifications and other information and logos necessary to establish personified Tittygram’s banner, link or Uniform Resource Locator (URL) (collectively Link) that You can place on Your web site, Your emails, social network advertising, or similar campaigns from an account or platform that is registered in Your name or which You are authorized to use (Your Media). You expressly agree that Tittygram’s name, trademark, logo or any other identifying material placed by You will appear only in the form and according to technical specification supplied by Tittygram. Tittygram may cancel this Agreement at any time if Your display of Tittygram’s logo, trademark or other identifying material does not meet with Tittygram’s approval. Upon notice from Tittygram You must immediately remove all references to Tittygram, including its name, logo, trademark, service mark or any other identifying material from Your Media immediately.
You may use the Links for the sole purpose of promoting Tittygram and referring prospective customers to the Tittygram Site. Except to the extent permitted by applicable law, You shall not (i) send unauthorized emails or commercial communications that include a Link, and You shall be solely liable for any such unauthorized communications. You shall include “opt-out” instructions in each communication that You send. Your email marketing practices must comply with all applicable laws and regulations.(ii) display the Links in any way that in Tittygram’s discretion disparages or creates a derogatory or negative image of Tittygram; (iii) make any false or misleading representations relating to Tittygram, or engage in any other practices that could harm the reputation of Tittygram; or (iv) display the Links or Content in a manner that contains or promotes (a) illegal activities, discrimination of any type, violence, or sexually explicit materials, or (b) content that is defamatory, misleading, deceptive, or violates any third party intellectual property, privacy or other rights of any kind.
5. Referral Commissions
For each prospective customer who visits Tittygram web site through the Link at Your Media, and who placed an order at Tittygram Site as a result of such Link, Tittygram will pay You a commission (defined in your dashboard, maximum 20%) of an initial order and commission 10% of subsequent orders placed by the referred visitor during 12 (twelve) months following their first visit to Tittygram Site. All qualifying referral commissions will be credited to an Account set up for You.
6. Payment of Referral Commissions
You will receive payment of Your first referral commission when Your account balance exceeds USD 10 and You will receive this first payment within approximately 7 bussines days following the end of the month that Your account balance exceeds USD 10. If for any reason this Agreement is terminated prior to Your first referral commission being due and the account balance does not exceed USD 10, then no referral commission will be due. If this Agreement is terminated after the first referral commission is due and payable or has been paid, then any referral commission balances in Your account will be paid to You within approximately 7 bussines days from the end of the month in which this Agreement was terminated. All payments will be made via PayPal or Yandex.Money. You must have a PayPal or Yandex.Money account for this purpose.
7. Customer Information
Each customer who visits the Tittygram web site through the Link must fill out a customer information required for making the purchase. All customer information is the sole and exclusive property of Tittygram and the customer applicant. You do not have any right to either (i) participate in any aspect of the information process, or (ii) receive any of the customer’s personal information. This policy specifically prohibits, without limitation, You from receiving customer information directly from customers and subsequently forwarding the customer information to Tittygram. Of course You may request personal information from customers directly related to Your own activities, registrations, promotions or the like, but You will never reveal any personally identifying information about customers or a customer applicant to you.
Once a customer provides Tittygram with customer information, that customer will be deemed to be a customer of Tittygram for all purposes and will be subject to all policies, procedures, rules and regulations that govern such transactions. Tittygram may change any of its policies or procedures at any time, in accordance with applicable law.
9. Customer Privacy
Tittygram may be subject to rules and regulations; including without limitation, the Privacy Statement on Tittygram’s web site, which specifies how Tittygram may or may not treat a customer’s personal information. You understand that Tittygram’s web site and policies are created and operated to abide by all such rules and regulations and You agree to defend, indemnify and hold harmless Tittygram from any of Your violations of a customer’s privacy rights.
10. Sales Reports
We will provide to You, via email, or via Your Account, a monthly report that summarizes the sales activity from Your web site. In no event will Tittygram reveal the names or other identifying information about its customers.
11. License Agreement
Upon our acceptance of Your application we will grant to You a limited, revocable, nonexclusive,non-transferable, non-assignable right to use Tittygram’s icon, logo and other images and materials relating to Tittygram (the “License”), which Tittygram provides to You for the limited purpose of fulfilling this Agreement. You may not modify any of Tittygram’s images, including, but not limited to its icon or logo. This License is subject to the terms and conditions of this Agreement and is limited to the sole purpose of participating in the Program promoting Tittygram’s products and services on Your Media, and for no other purpose. Tittygram expressly reserves all of its rights in and to its trademarks, trade names, icon, logos and other intellectual property. Tittygram may revoke this license at any time by giving You written notice.
12. Site Maintenance
You are solely responsible for maintaining Your Media. Tittygram has no responsibility for the development, operation or maintenance of Your Media. You are responsible for all technical operations of Your Media, including, without limitation, ensuring that Your Media does not contain libellous or objectionable material, and ensuring that all material on Your Media is legal and does not infringe on the rights of any third party (including copyright or trademark rights) or the rights of any customer. Tittygram is not responsible for any of these duties and You agree to defend, indemnify, and hold harmless Tittygram, its directors, officers, employees and representatives from and against any and all claims, actions, causes of action, damages, injuries, expenses (including attorney’s fees) relating to the development, operation, content and maintenance of Your Media, including, without limitation, any breach of a customer’s privacy rights or any unauthorized use by You of Tittygram’s icon, logo and other images and materials relating to Tittygram.
This agreement is effective at the time Your application is, at the sole discretion of Tittygram, accepted by Tittygram and You are notified of such acceptance either in writing or electronically. (i) Termination without cause. Either party, may terminate this Agreement by giving the other party 30 days written notice of the termination. (ii) Termination due to Account inactivity. If during the period of 90 consecutive days there are no visits to Tittygram Site through Your Link then Your Account is considered inactive and Tittygram reserves right to terminate the Agreement and delete Your Account without further notice. Referral commissions will be paid only on Accounts, which are eligible under this Agreement, pursuant to Section 5, at or prior to the time of termination. Upon termination of this Agreement, Your License will expire immediately.
14. Modification of Agreement
Tittygram may modify this agreement at any time by posting a change on our web site or notifying You by email. Tittygram may change any of the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the referral commission structure, payment procedures. If any modification is unacceptable to You, Your only recourse is to terminate this Agreement. Your continued participation in Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
15. Modification of Link
Tittygram, at its sole discretion, may change the “look and feel” of Link that You have placed on Your Media. If such modification is unacceptable to You, Your only recourse is to terminate this Agreement.
16. Relationship of Parties
You and Tittygram are independent contractors for all purposes. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to act on Tittygram’s behalf. Your display of Tittygram’s logo and/or trademark as well as all other content on Your web site, or any direct contact You have with any customer or customer account applicant must not contradict this fact.
You shall not create, publish, distribute, or permit any written or electronic material that makes reference to Tittygram without first submitting such material to us and receiving our written consent.
18. Limitation of Liability
We will not be liable for indirect, special or consequential damages (or loss of revenue, profits, or data) arising in connection this Agreement even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total referral commissions paid or payable to You under this Agreement.
We make no express or implied warranties or representations with respect to the Program or this Agreement or any products or services sold by Tittygram. In addition, we make no representation that the operation of our web site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
20. Interception of brand traffic
This agreement prohibits any interception of brand traffic by keyword Tittygram or any other cognate or similar words. In case of violation, we may not pay you a Commission until the violation is eliminated.
21. Governing Law
This agreement (and any dispute or claim relating to it or its subject matter) is governed by and is to be construed in accordance with the laws of the Republic of Cyprus. All disputes arising out of or in connection with this Agreement shall be finally settled under in the Court of Limassol city, Cyprus.