ImLive.com Affiliation Program
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Terms of Use

By joining our affiliate program you are entering into this binding agreement with Sobonito Investments Ltd. dba ImLive.com which operates this site ("We", the "Site").

THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY PARTICIPATE IN THE IMLIVE.COM PROGRAM. BY PARTICIPATING IN THE PROGRAM AND BY USING IT YOU ARE STATING THAT YOU ACCEPT AND AGREE TO THIS AGREEMENT AND ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW.

Very Important: ImLive.com does NOT allow its affiliates to advertise ImLive.com by email.
THIS MEANS NOT ONLY NO SPAM, BUT NO EMAILS PERIOD!


1. Some of the content on ImLive.com *, its sites, and affiliation programs ("Affiliation Programs", "Programs"), deal with mature subject matters, human sexuality, and explicit materials. If you are under the age of mature viewing in your state or country, if you are bound by your countries law not to look at pornographic material, or you are offended by sexually explicit material, you are not to enter this site or its Affiliated programs any further than this page. You also confirm that you will not redistribute this material to anyone nor will you permit any minor to see this material, or any other person who might find such material personally offensive. Continuing further means that you understand and accept responsibility for your own actions, thus releasing the creators of this Web page and our service provider from all liability. Please also note, none of the contents of this, or subsequent pages or links have any reflection on the moral attitudes or legal responsibilities of this server, its authors, clients or its owners. You also verify that you are not accessing this material to use against the website operators, its affiliates or any other person or entity in any conceivable manner.

2. All materials on ImLive.com and its Affiliation Programs are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. The Sites' materials 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 you under any of its trademarks, copyrights or other proprietary information. No representation is made that the materials available on the Site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

3. ImLive.com complies with 18 U.S.C. § 2257, and its regulations. To the best of ImLive.com's knowledge, all subscribers, hosts, models, actors, actresses or other 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 this website were at least eighteen years old at the time of the creation of such depictions.
The owners and operators of this website are not the primary producer (as that term is defined in 28 C.F.R. § 75.1(c)(2)) of any of the visual content contained in this website. However, ImLive.com may have copies of a record of the ages of those persons portrayed in any sexually explicit materials on this site. ImLive.com WILL NOT RELEASE THESE RECORDS TO ANYONE OTHER THAT THE ATTORNEY GENERAL OF THE UNITED STATE, OR HIS DESIGNATED REPRESENTATIVE, OR AS OTHERWISE REQUIRED BY OPERATION OF LAW.

In fulfilling its obligations under 18 U.S.C. § 2257, ImLive.com relies on the plain language of the statute and on the well-reasoned decision of the United States Court of Appeals for the Tenth Circuit in Sundance Associates, Inc. v. Reno, 139 F.3d 804, 808 (10th Cir 1998), which held that entities which have no role in the "hiring, contracting for, managing, or otherwise arranging for the participation" of the models or performers, are exempt from the record-keeping requirements of 18 U.S.C. § 2257.

Al records that are kept with Sobonito Investments Ltd. are kept at:

33, 28th October Street
Ariadni House
Office 31
3106 Limassol
Cyprus

4. If the Site enables you to share information with other Affiliates, you agree not to submit, publish, or display on the Program any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of this Agreement. You agree not to engage in advertising to, or solicitation of other Affiliates to buy or sell any products or services through the Site without prior written consent. You are responsible for information they send, or display through the Site even if a claim should arise after termination of service. All messages shall be deemed to be readily accessible to the general public. Do not use the Site for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Site can and may be read by the operators of the Site, whether or not they are the intended recipient(s).

5. You hereby warrant and represent that you are over the age of 18 (21 in AL, MS, NE, WY, and any other location where 18 is not the age of majority), and in all respects you are qualified and competent to enter into this agreement.

6. You hereby represent and warrant to ImLive.com as follows:
6.1 You have full authority to enter into this Agreement;
6.2 Your site and all materials, content and services offered through and in associations with your web site do not contain any of the following and shall not at any time:
  • Violate any law, or regulation or promote illegal activities of any kind including but not excluding: obscene materials and/or child pornography;
  • Contain content which is defamatory, libellous, hateful, abusive or harassing;
  • Promote violence in any way;
  • Send emails promoting ImLive.com or send whatsoever any unsolicited bulk, junk, Spam e-mail or any material, which contains viruses, worms, "Trojan horses", or any other destructive feature.
    6.3 You will provide accurate and complete details regarding your identity and personal details such as: bank account, address or other required information; ImLive.com, will e-mail you notices about our programs and your account based on the information that you provide to us.
    6.4 You will comply with all applicable federal, state and local laws in the performance of your obligations.
    6.5 Each and every email address submitted by you has originated with a customer of yours and has not been created or obtained fraudulently.

    7. You will comply with all applicable federal, state and local laws in the performance of your obligations, including but not limited to regulations regarding: the forbiddance to engage in any activity that is considered spoofing.

    8. Very Important: ImLive.com does NOT allow its affiliates to advertise ImLive.com by email. THIS MEANS NOT ONLY NO SPAM, BUT NO EMAILS PERIOD!!! FAILURE TO COMPLY WITH ANY ONE OF THE TERMS OF THE ANTI-EMAIL POLICY WILL LEAD TO IMMEDIATE TERMINATION OF YOUR ACCOUNT AND FORFEITURE OF ALL OF YOUR COMMISSION EARNINGS!

    9. We hereby grant you with the following non-exclusive, non-transferable, revocable rights and permissions:
    9.1 To create authorized links from your site to one of our sites. You will receive a commission or referral fee for referrals of traffic to one of our sites according to the hereinafter terms and according to the program rules.
    9.2 To display on your site materials including but not limited to: banners, content; text links; images and text, solely for the purpose of promoting our sites. You hereby acknowledge and agree that the ImLive.com is, and shall remain, the exclusive owner of the materials mentioned in the above section 2, 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 permitted in writing by ImLive.com.

    10. ImLive.com reserves all of its rights in its trademarks, as well as in all intellectual property rights associated with the programs. Nothing herein shall be construed as a grant or assignment of any rights in any intellectual property owned by Company, including, without limitation, any of its trademarks.

    11. You agree that this license can be terminated or revoked at any time for any reason, or for no reason, upon notice by Company to you and you agree upon receipt of such notice immediately to cease using all Program Materials and removing all such Materials and references to Company and/or its web sites from your web sites and any promotional, advertising or marketing materials of any kind. ImLive.com reserves the right in its absolute discretion at any time to alter the terms of the Program as set forth in the terms of use, to make temporary changes in the terms hereunder, and/or to undertake campaigns applying special terms and conditions to all or only some of the affiliates for a period of time or permanently.

    12. THE ImLive.com PROGRAM:
    Currently, ImLive.com manages the Program of the site: www.ImLive.com

    13. PAYMENTS
    13.1 We pay twice a month. Our pay periods are from the 1st - 15th and from the 16th - end of the month. Checks are mailed within 15 business days of the end of the pay period. In any case of delays of the payments to us by our third party processors, we will have a reasonable period of time for receipt of such payments, and for payments to you regarding your payments.
    *You may opt to receive payment via Epassporte. In such case You must read and follow the Epassporte instructions and Terms of Use.
    13.2 The minimum amount, which entitles you to receive a check, is US $100 (unless you choose a higher amount). If you do not earn US $100 in the pay period your earnings will "roll-over" to subsequent periods until you accumulate US $100.
    13.3 In case of termination of this Agreement by either party and/or in case of termination of any of the ImLive.com program, earnings under US $100 shall not entitle you for any payment at all, upon termination.

    14. ImLive.com's Programs

    14.1 Scale CPA Program:
    Starting October 1st, 2004, we will pay you a sum of US $32 for every paying sign-up you refer. In case you refer 11-50 paying sign-ups, you will be entitled for US $40 for each paying sign-up from the 11th-50th paying signups. In case you refer 51-200 paying sign-ups, you will be entitled $50 for each paying sign-up from the 51st-200th paying signups. In case you refer 201-450 paying sign-ups, you will be entitled for US $60 for each paying sign-up from the 201st -450th paying signups. In case you refer 451-750 paying sign-ups, you will be entitled for US $70 for each paying sign-up from the 451st -750th paying signups. In case you refer more than 751 paying sign-ups, you will be entitled for US $100 for each paying sign-up from the 751st paying signup you refer and on.

    # Sign-ups Amount Paid
    1-10 sign-ups $32
    11-50 sign-ups $40
    51-200 sign-ups $50
    201-450 sign-ups $60
    451-750 sign-ups $70
    751+ sign-ups $100

    Please note that the count of the number of your referred paying sign-ups starts off every new pay period from zero.
    Sign up will be added to the affiliate's stats only if the refereed user (i) signed up for the first time to ImLive.com and (ii) has paid for that site's services a minimum of $25USD on his first ImLive credit purchase.

    You can participate in campaigns by sending traffic from Google Adwords & Yahoo! Search Marketing only if the traffic is being sent through another site and not to ImLive directly.

    ImLive.com is entitled to grant additional rewards to its affiliates based on its sole discretion.

    A referred Sign-Up shall mean a referred user that has done all of the following: (i) signed up for the first time; AND (ii) has paid for the site's services; AND (iii) remained a paying subscriber in that site (i.e. did not cancel the membership) for a minimum period of 5 days from the subscription.

    14.2 User Referral program
    We will pay you a sum of US $1 for every one of the first 250 users that you send to Imlive.com and comply with ALL of the following:
  • The user confirms its registration by replying to the ImLive.com confirmation email; and
  • The user's IP address at the time of registration is a USA, UK or a Canadian IP address
  • The user has registered through a new, unique email address; and

    Please note that the ImLive Friends & Romance Per Approve Program does not credit affiliates for compensation traffic.

    In case you refer more than 250 users (as described in this section 10.4(b), in one pay period, you will be entitled for US $1.25 for each referred user, from the 251 user you refer and on. Please note that the count of the number of your referred users starts off every new pay period from zero.

    In any case the Site suspects that you are involved in any kind of fraud activities or in case you do not accede a certain convert rate, the Site may, at its sole discretion, terminate your account or otherwise transfer you to the Imlive.com's Old Program, in which case you will be entitled to receive your earnings at that ImLive.com's new program only until the Site transfers you to the Imlive.com's Old Program and from that point and on you will be paid according to the old program. Again, the Site may choose to terminate your account at any time and at its sole discretion.

    14.3 ImLive Revenue Sharing Program
    For referrals to ImLive.com, the Site will share with the referring affiliate the revenue from every referred Sign-Up as follows: The referring affiliate will be entitled to 20% of the ImLive Credit earned (lifetime) from the referred Sign-Ups. 1 ImLive Credit is worth $1USD. In case you choose to participate in the revenue sharing program you will be entitled only to the 20% of the money earned (lifetime) from the referred Sign-Ups, and you will not receive the sum per sign-up.

    The money earned does not include the following: bonuses (only on real transactions), charge back & refunds, checks and membership fee (in the sum of $5.95).

    This Revenue Share Program is also subject to the Terms and Conditions of ImLive.com. To obtain more information, You must read the Terms and Conditions of ImLive.com.

    You understand and agree that the Site may choose to refer Your traffic to any of the Company's sites, at the Company's sole discretion.

    Please note that commissions are paid as well on MoneyGram or Western Union payments. Members can pay any amount (i.e. - they are not bound to the $25, $50, $75, $100 payments) so you might see in your statistics different payments than the regular commission.

    14.4 ImLive Languages Follow-Me Program
    ImLive sites operate in numerous languages in similar formats, with each site functioning as its own independent webcam arena. ImLive languages sites provide non-English speakers with the same amazing services and features available in English at ImLive.com, tailored to suit each specific language. The sites include foreign language graphics, texts and VideoChat with Hosts who speak the language featured on the site.

    The Languages Follow-Me Program ensures that you get paid for your traffic, no matter where your users choose to purchase Credit. If a user you refer to ImLive.com does not sign-up on ImLive.com, but does choose to sign-up (as defined below) on an ImLive language site, you'll get $22. If a user you refer to ImLive.com joins the site for free but does not constitute a sign-up, then proceeds to sign-up on a language site, you'll also receive $22.

    However, if a user you refer signs-up on ImLive.com (for which you will receive at least $32, depending on the total number of sign-ups you've sent during the pay period) then signs-up on a language site, you will not receive $22. Likewise, if a user you refer sign-ups on one of the languages sites, then signs-up on ImLive.com, you will not receive $32.

    Sign-ups calculated through the Languages Follow-Me Program will not be included in your statistics as Member Program sign-ups. Thus, Languages Follow-Me Program sign-ups will have no effect on your pay period payment scale for ImLive.com sign-ups.

    Please note that the Languages Follow-Me Program is valid for all traffic referred to ImLive.com through the Member Program, but is not valid for traffic referred through the Free Member Program.

    14.5 Affiliate Referral Program
    For referrals to ImLive.com Affiliate Program: Between 0 - 100 referred Sign-Up, in one pay-period, that were referred by a webmaster You referred to ImLive.com Affiliate Program: US $2 for every referred Sign-Up referred by Your referred webmaster; Over 100 referred Sign-Ups, in one pay-period, which were referred by a webmaster You referred to ImLive.com Affiliate Program: US $3 for every referred Sign-Up, referred by Your referred webmaster.

    Please note that the ImLive.com Webmaster Referral Program pays only for traffic brought by webmasters you refer to ImLive.com, and is not a second or third generation referral program.

    15. General Provisions Regarding Programs And Payments
    15.1 Either party shall be excused from delays in performing or from its failure to perform these Terms and Conditions to the extent that such delays or failures result from causes beyond the reasonable control of such party, including, without limitation, acts of God, nature, any government agency, war, electrical or mechanical breakdowns, inability or refusal of a common carrier to provide communications capabilities, or any other cause beyond either party's direct control.
    15.2 ImLive.com can decide in its sole discretion, and with no prior notice, to convert affiliates from their current program, to the revenue sharing program. A notice regarding the conversion made will be given on the site. From the moment ImLive.com converted you to the revenue sharing program your payments will be calculated according to the revenue sharing program rules'.
    15.3 As well, ImLive.com can decide in its sole discretion, and with no prior notice, to change affiliate's status to "No campaign" status, in which case the affiliate won't be eligible to participate in campaigns, and instead he'll receive the regular payments as described herein. The change will be effective immediately upon company's decision. The affiliate's status will solely determine the affiliate's eligibility to participate in any campaign, and will overcome any information he might have received in general email promotions.
    15.4 All ImLive's campaigns and publications stating that $x amount is paid for sign-ups, are relevant only to the scale CPA program and are not relevant for webmasters in 'No campaign' status and in rev share status.
    15.5 In any case you are found to be cheating the Program, we reserve the right at our sole and absolute discretion to cancel your participation in any and all Programs, at any time, without prior notification, and you will not be paid for any of the Programs in which you have participated.
    15.6 You understand and agree that any of the following actions by you or anyone under your control will result in your accounts being immediately terminated and all of your unpaid commissions being forfeited to ImLive.com:
  • Dissemination of unsolicited bulk email, Newsgroup, Chatroom or any other forms of SPAM;
  • Promoting content such as: bestiality, child pornography, rape, violence, or any other illegal activity.
  • Attempting to defraud us in any way;
  • Providing incorrect or incomplete account information;
  • 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 violation or infringement; Important: We reserve the right to adjust the payment at our own sole discretion. You will be entitled to receive your payments according to the new Terms and Conditions. It is your obligation to be updated with the changes of the programs, as they are published on our sites, occasionally.
    15.7 Under no circumstances shall affiliate.imlive.com be held liable for any direct or indirect damages and/or losses, to any affiliate, user, participant and/or other third party that may arise due to "downtime" and/or availability of the Site or the affiliate.imlive.com's affiliation program. Moreover, affiliate.imlive.com shall not be held liable for any losses of any kind that may result due to downtime in the affiliate.imlive.com's affiliation program and/or any other third party's down time.

    16. STATISTICS
    16.1 Only our files and records will determine all statistics including but not limited to the amount of paying sign-ups, cancellation, and any commissions or referral fees owned to you pursuant to this Agreement. You must notify us of any discrepancies within 15 days otherwise they will be deemed permanently waived.
    16.2 Statistic reports will be available only on the site.

    17. NON-ASSIGNABILITY /THEFT OF LOGIN
    Your subscription may not be assigned or transferred to any other person or entity. Affiliate must promptly inform ImLive.com of any apparent breach of security, Until ImLive.com is notified, by e-mail, or by telephone of any breach in security, you will remain personally liable for any unauthorized use of the site or it's service. You are personally liable for, and shall defend, indemnify and hold harmless ImLive.com, the Site and the Site owner from any and all damages (including loss of profits, loss of property, fines and penalties), losses and costs (including attorneys' fees) resulting from any attempted or actual unauthorized downloading or other duplication whether solely by you or with or under the authority of any other person or entity including governmental agency.

    18. TERMINATION
    ImLive.com may terminate at any time, and without cause, your subscription to the program, upon notification on the site.

    19. BOOKMARKING
    Book marking to a page on the Site whereby the Warning page(s) and/or Terms of Use are by-passed shall constitute an implicit acceptance of the Terms of Use herein and an explicit acknowledgement of age of majority.

    20. ADDITIONAL TERMS OF USE
    20.1 You are bound to the Terms and Conditions of ImLive.com, as well as the specific rules and regulations of each Affiliate Program.
    20.2 In addition to these Terms of Use, the Site may have additional Terms of Use that are, and shall become, an integral part of this Agreement. All Terms of Use apply to ImLive.com, its Affiliation Programs, and you. This Agreement supersedes all prior written or oral understandings, writings and representations and may only be amended by ImLive.com, the Site or the Site owner. If any provision of this Agreement is held void or unenforceable to any extent, such provision shall be deemed excised and removed only to the extent to make the remaining provisions and this Agreement enforceable. Unless otherwise specifically provided, the provisions of this Agreement shall survive its termination.
    20.3 You acknowledge and agree that We make no guaranties or warranties of any kind with respect to the Programs and that the Programs are provided to you "as is", and that your participation in the Programs and use of the Programs, is solely at your risk.
    20.4 You also understand and agree that ImLive.com may share selected personal information with third parties for data verification and supplementation purposes.
    20.5 We do not monitor, supervise or review, and shall not be responsible for any content appearing or otherwise distributed on, at or in association with your site. You hold the full and sole responsibility and liability for the decision to display or include content on your site, to distribute or make the content available to the viewers of your website in various geographical areas, and for all decisions relating to the manner in which you permit or restrict access to your site.
    20.6 This Agreement constitutes the entire agreement between you and ImLive.com with respect to the subject matter hereof, and supersedes and cancels all other prior agreements or representations, written or oral.

    21. DISCLAIMER
    21.1 THE MATERIALS ON THE ImLive.com SITE AND ITS AFFILIATED SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. CASH OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. ImLive.com DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT AFFILIATE IS LOCATED WHERE SUCH DISCLAIMER IS INAPPLICABLE OR RESTRICTED, THE DISCLAIMER MAY NOT APPLY AND AFFILIATE MAY HAVE LEGAL RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION.
    21.2 ImLive.com, ITS AFFILIATION PROGRAMS, AND THE SITE OWNER MAKE NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS OR SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO AFFILIATE OR ANYONE CLAIMING THROUGH AFFILIATE, AFFILIATE ASSUMES THE ENTIRE COST AND RESPONSIBILITY FOR SAME.
    21.3 YOU WILL INDEMNIFY AND HOLD HARMLESS ImLive.com, ITS PROGRAMS, ITS OFFICERS, EMPLOYEES, AGENTS, AND THIRD PARTIES FROM AND AGAINST ANY CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES OR EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THE USE OF OR PARTICIPATION IN THIS SERVICE OR THE INFORMATION CONTAINED THEREIN.

    22. It is our advice to you that every agreement you enter into, as well as this Agreement, should be reviewed by your attorney. You acknowledge and agree that nothing herein and no statement by us or any of our employee or other person associated with us has prevented you in any way from seeking such legal advice before entering into this Agreement.

    23. By signing up to the program you are acknowledging that you agree to all of the terms and conditions, set forth in the above Agreement.

    *** Affiliates are prohibited from promoting us by email. If nevertheless you are on the receiving end of such e-mail, please notify us so that we may take the appropriate steps. While we are not responsible for such e-mail, we terminate affiliates who violate this policy. You can notify us of spam or other promotional emails by sending an email to: abuse@imlive.com



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