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Eros Dating
Eros Dating - Arrangement Dating Without The Drama
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The Eros Dating Affiliate Program (the "Affiliate Program") is operated by Avid Dating Life Europe Limited dba Eros Dating
("Eros Dating" or "we" or "us"). In this agreement (the "Agreement"), the terms "Participant", "you" and "your" refer to
you (the applicant), and the "Sponsoring Website" refers to the website from which users will link to Eros Dating pursuant
to the Affiliate Program which has been disclosed to and approved by us. IF THIS AGREEMENT IS PROVIDED TO YOU IN
A LANGUAGE OTHER THAN ENGLISH IT IS FOR CONVENIENCE ONLY AND DOES NOT REFLECT SUBMISSION TO
OR COMPLIANCE WITH THE LAWS OF ANY JURISDICTION OTHER THAN THAT CONTAINED HEREIN .
3. Commission Fees
Subject to compliance with the terms of this Agreement, we will pay you a commission fee (the "Commission Fee") on each
Qualifying Subscription (as defined below) to the Service purchased during the Term. For purposes of this Agreement,
"Qualifying Subscription" means a first-time subscription or purchase made by a customer using a registration to Eros
Dating that such user created after linking to the Eros Dating Site from the Sponsoring Website via an Integration from a
clearly and accurately identified referring URL that has been approved by us. The amount of the Commission Fee will be
determined in accordance with the then-current applicable commission structure (the "Commission Structure").
No Commission Fee will be paid on re-purchases or auto-renewals of existing Qualifying Subscriptions. If a Qualifying
Subscription for which a Commission Fee is paid to you is later refunded, deemed fraudulent or charged back, the relevant
Commission Fee will be deducted from the next payment sent to you following such event. No Commission Fee will be paid
on Qualifying Subscriptions from Customers who have first visited the Eros Dating Site before visiting the Sponsoring
Website in the 30 days prior to purchase.
We reserve the right to modify the terms of this Agreement and/or the Commission Structure at any time and for any reason
in our discretion. Please see Section 14 for more details. If at any time you disagree or do not wish to abide by the
terms of this Agreement or the Commission Structure, your only recourse is to end your participation in the
Affiliate Program.
7. Copyrighted Material; Prohibited Uses of Integrations and Eros Dating and Third-party Materials
Sponsoring Website.You shall ensure that none of the materials utilized or displayed on the Sponsoring Website, including
your logo, preamble text or photographs or images, infringe upon the rights, including the intellectual property rights and
personality rights, of any third parties. Eros Dating will not be responsible if you use another party's material in violation of
the law even if we have approved of such use.
Use of Eros Dating Intellectual Property Contained in the Integrations. As between the parties, you acknowledge and agree
that Eros Dating owns all right, title and interest in and to all patents, copyright, trademarks, trade secrets, service marks,
trade names and other intellectual property in the Eros Dating Site, the Affiliate Program, the Integrations and the Service
and any software or other intellectual property provided by Eros Dating in connection with this Agreement (the "Eros Dating
Intellectual Property"). You shall not take any action inconsistent with such ownership by Eros Dating, nor attempt to
register any Eros Dating Intellectual Property in any jurisdiction or any urls containing in whole or in part any Eros Dating
Intellectual Property.
Subject to approval of your application to the Affiliate Program and any limitations herein, Eros Dating hereby grants to you,
for the Term of this Agreement, a revocable, non-exclusive, non-transferable limited license to use the Eros Dating
Intellectual Property contained in the Integrations for the express limited purpose of performing under the terms of this
Agreement. You, by virtue of this Agreement, shall not obtain or claim any right, title or interest in or to the Eros Dating
Intellectual Property, except the right of use as specified herein, and you acknowledge and agree that all such use shall
inure to the benefit of Eros Dating.
:
You may only use the Eros Dating Intellectual Property as provided by Eros Dating, and shall not alter the Eros Dating
Intellectual Property in any way that is not approved in writing by us. We have the right, but not the obligation, to monitor the
quality of your use of the Eros Dating Intellectual Property. All uses of Eros Dating Intellectual Property and Eros Dating
Marks must portray Eros Dating favourably. This includes, without limitation, reviews of Eros Dating services, and any
comments posted to your site by users. We reserve the right to remove from the Program, at out sole discretion, any sites
We believe to be damaging or inconsistent with the Eros Dating brand. Any references to the Eros Dating Intellectual
Property shall contain the appropriate trademark, copyright or other legal notice provided from time to time by Eros Dating.
Upon a request from Eros Dating, you will immediately cease use of any and all Eros Dating Intellectual Property on the
Sponsoring Website and elsewhere.
Prohibited Activities. The following activity is strictly prohibited. If you engage in any such activity, we may immediately
terminate this Agreement with no further obligation to you, including without limitation the termination of our obligations with
respect to any Commission Fees outstanding:
· Use of any of the following in connection with any paid search, pay-per-click, content campaigns or any other cost per
click method of search engine advertising: (1) the Integrations, or any portion thereof; (2) any Eros Dating Intellectual
Property; (3) the phrases "Eros Dating", "Where the Beautiful and Successful Meet" or any other names, trademarks,
service marks of, or slogans or phrases adopted by Eros Dating in connection with the Service; (4) any misspellings,
domain misspellings or derivatives of the foregoing; or (5) any descriptions etc. associated with Eros Dating including,
without limitation, "Man", "Men", "Woman", “Women”, “Man Dating” etc. (collectively, the "Eros Dating Marks"):
· bidding on the Eros Dating service mark "EROS DATING" or any of other the Eros Dating Marks on any search engine.
(We require that you add all references to Eros Dating as a negative in any search campaign to avoid term matching.);
· using the Eros Dating service mark "EROS DATING" or any of the Eros Dating Marks in any website page titles or meta
tags;
· using the Eros Dating service mark "EROS DATING" or any of the Eros Dating Marks or any derivative or variation thereof
in the anchor text or title tag of any backlink linking to the Sponsoring Website.;
· direct linking or use of the phrase "Eros Dating" or any misspelling, combination or derivative thereof into the root of the
display URL under any circumstances, or such use in any part of the URL, including the subdomain, without express
written consent of Eros Dating. Note that should you require the use of Eros Dating Intellectual Property in your
subdomain and we have approved of this use, it will result in lowered Commission Fees for Qualifying Subscriptions to be
determined on a case-by-case basis by us in our sole discretion;
· pointing traffic from search engine results directly into a page of the Eros Dating Site or a page of any website that is co-
branded with Eros Dating; and
· placing any Integration or Eros Dating-related advertising on any website not owned and/or operated by you unless
expressly approved in writing by Us.
· Cloaking, hiding or obscuring the true referring URL without our express written consent, including without limitation the
use of urlshorteners or "black hat techniques".
· Making use of keyword-stuffing, link exchanges, or any "black hat" SEP techniques to gain organic search relevance or
placement on the Eros Dating Intellectual Property or Eros Dating Marks.
· Including promotions for or links to web sites other than Eros Dating on a page where the primary or majority of the
:
content is dedicated to Eros Dating promotion or review. For clarity, You may not place a link to a competing dating
website on a page of the type contemplated herein.
· You may not send email blasts without our express approval.
In addition, unless otherwise agreed to in writing by Us: (i) all traffic from search engines must link to the Sponsoring
Website; (ii) the Sponsoring Website must be owned and/or operated by you; and (iii) the Sponsoring Website cannot
consist merely of links to the Eros Dating Site, rather, it must provide a user-experience distinct from that available on the
Eros Dating Site (for example, it must include unique content or services).
Finally, we may impose additional restrictions on use of the Integrations and Eros Dating Intellectual Property and on any
other activities pursuant to the Affiliate Program that we determine in our sole discretion to be in our best interest. Such
additional restrictions shall be effective immediately upon notice from Eros Dating to you.
Use of Eros Dating Profiles. You may not use any profiles or other information regarding Eros Dating users on the
Sponsoring Website or anywhere else for any reason whatsoever. Doing so will result in immediate termination of this
Agreement or suspension of your participation in the Affiliate Program.
· promotion of discrimination based on race, sex, religion, national origin, physical disability, sexual orientation or age;
· promotion or display of defamatory, libellous or harmful material or material that otherwise infringes upon the rights of any
third parties, including intellectual property rights and rights of personality;
· any other content or activity that we find objectionable in our sole discretion.
12. Email
You may not send out any email containing Eros Dating's name or branding or any other Eros Dating Intellectual Property
without our express written consent, which may be withheld in our discretion. All email blasts and the content and creative
thereof must be approved in advance by us and you hereby warrant and represent that all such efforts shall be in
compliance with Can-Spam and other applicable regulations with respect to the sending of commercial emails.
14. Modifications
We reserve the right to change any of the terms and conditions in this Agreement, at any time and in our sole discretion, by
posting a new agreement reflecting such changes on the Affiliate Program site, such changes to be effective upon posting.
Eros Dating will not be required to provide notice to you of changes to the Agreement other than by posting the revised
Agreement as described above. You may not change or modify this Agreement.
Any provision of this Agreement that expressly states that it shall survive or which, by its nature, must survive the
completion, expiration, termination or cancellation of this Agreement, shall survive the completion, expiration, termination or
cancellation of this Agreement.
18. Notice
:
Except as provided for in Section 7, Section 14 and Section 15 hereof, all notices and requests in connection with this
Agreement will be given in writing and will be deemed given as of (1) the day they are received if sent either by messenger,
delivery service, or Post or (2) the date sent if delivered by email or fax, and addressed as follows:
If to Eros Dating:
Eros Dating Affiliate Program
9 Karpensiou 2021 Nicosia, Cyprus
If to Participant:
To the postal address, email address and/or fax number provided by you to us on the Affiliate Program site.
20. Indemnification
You shall defend, indemnify and hold harmless Eros Dating, its parent, subsidiary and affiliated companies and its and their
directors, officers, employees, affiliates and agents, against any claim, demand, cause of action, debt or liability, including
reasonable attorney's fees, to the extent that (i) it is based upon a breach of your representations, warranties or obligations
hereunder; (ii) it arises in connection with the Sponsoring Website or your negligence or wilful misconduct; or (iii) it is based
on violation by you of any applicable federal, provincial, state or local law or regulation in providing products or services
hereunder, including without limitation applicable tax regulations.
21. Miscellaneous
You and Eros Dating are independent contractors and nothing in this agreement is intended to or will create any form of
partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties including
without limitation our approval of your materials. You may not assign this Agreement, by operation of law or otherwise,
without the prior written consent of Eros Dating; we may assign this Agreement at any time without notice to you. Subject to
the foregoing restriction, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties and their
respective successors and assigns. "Month" or "Monthly" shall refer to a full calendar month.
Eros Dating
ErosDating.com is an exclusive service that connects men and women who are looking for
arrangements without the drama associated with regular dating. Brought to you by Eros Guide, the
leading online directory and guide to erotic entertainment, ErosDating.com is 100% secure,
anonymous and risk free - making it simple for you to achieve the unique arrangement you desire.
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