By joining our affiliate program you are entering into this binding agreement with IML SLU (the "Company", "We" or "we") which operates the site www.ImLive.com (the "Site") and ImLive Mobile platform.
THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY PARTICIPATE IN THE AFFILIATE PROGRAM OF THE SITE ("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 or any SMS spam.
THIS MEANS NOT ONLY NO SPAM, BUT NO EMAILS PERIOD and no SMS spam!
1. Some of the content on the Site and the site of the Program, affiliate.imlive.com (together, the "Sites") 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 the Sites 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 the Sites 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 the Sites 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 Sites, may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission. Subscribing to the Sites 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 Sites 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. The Company complies with 18 U.S.C. � 2257, and its regulations. To the best of the Company'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.
Please click here for our full 2257 compliance statement
All records that are kept with the Company are kept at:
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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 (19 in AL and NE, or 21 in MS and DC, 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, warrant and undertake to the Company 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 and ImLive Mobile do not contain any of the following and shall not at any time:
6.3 Send any spam SMS or bulk SMS. 6.4 You will provide accurate and complete details regarding your identity and personal details such as: bank account, address or other required information. The Company will e-mail you notices about the Program and your account based on the information that you provide to us.
6.5 You will comply with all applicable federal, state and local laws in the performance of your obligations.
6.6 Each and every email address submitted by you has originated with a customer of yours and has not been created or obtained fraudulently.
6.7 You shall place appropriate warnings on your websites and all materials, content and services offered through and in association with your websites which contain or may contain or link to any adult or sexually related material.
6.8 You shall not advertise or solicit members for the Company or the Site or ImLive Mobile 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 you have a written permission from the Company. Every year, no later than January 15, you must certify to us in writing that you are in compliance with this anti-solicitation requirement for the previous calendar year. This certification must acknowledge that it is subject to verification and audit by the applicable sales tax authority. If we are not in receipt of this certification by January 15 each year, then all commission payments due to you will be suspended until we receive this certification.
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 OR ImLive Mobile by email or SMS spam. THIS MEANS NOT ONLY NO SPAM, BUT NO EMAILS PERIOD or SMS spam!!! 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 or ImLive Mobile. 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 Company 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 the Company.
10. The Company 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.
12.1 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. Please note that in certain rare cases and for any single payment to you that is equal to or greater than USD$5,000.00, or an accumulated amount equal to or greater than USD$30,000.00 in a calendar year, you are required to provide I.M.L. SLU. with a matching invoice for each payment.
12.2 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.
12.3 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.
12.4 If you wish to perform a test signup you must first e-mail the Company at firstname.lastname@example.org with the information of the tested credit card, and receive the Company's written approval; failure in doing so may lead to termination of your account due to suspected fraud activities.
You also acknowledge and agree that you shall not be entitled to any payments for any referred Sign-Ups which were made by you and/or the Company determines are the result of possible fraudulent activity.
You further acknowledge and agree that the Company shall have the right, in its sole and absolute discretion and at any time, to expand or modify what it determines to constitute fraudulent activity.
13. ImLive.com's Partners Programs
14.1 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.
14.2 The Company 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 the Company converted you to the revenue sharing program your payments will be calculated according to the revenue sharing program rules'.
14.3 As well, the Company 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.
14.4 All campaigns and publications on the Site 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.
14.5 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.
14.6 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:
14.7 Under no circumstances shall the Company 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 Sites or the Program. Moreover, the Company shall not be held liable for any losses of any kind that may result due to downtime in the Program and/or any other third party's down time.
15.1 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.
15.2 Statistic reports will be available only on the Site.
16. 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 the Company 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 the Company 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.
The Company may terminate at any time, and without cause, your subscription to the Program, upon notification on the Site.
19.1 You are bound to the Terms and Conditions of the Sites, as well as the specific rules and regulations of each Affiliate Program.
19.3 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.
19.4 You also understand and agree that the Company may share selected personal information with third parties for data verification and supplementation purposes.
19.5 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.
19.6 This Agreement constitutes the entire agreement between you and the Company with respect to the subject matter hereof, and supersedes and cancels all other prior agreements or representations, written or oral.
20.1 THE MATERIALS ON THE 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. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITES. ANY OF THE INFORMATION OFFERED ON THE SITES 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.
20.2 THE COMPANY MAKES NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND ON THE SITES. 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.
20.3 YOU WILL INDEMNIFY AND HOLD HARMLESS THE COMPANY, 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.
21. 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.
22. 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: email@example.com
23. Traffic generated by promoting the site brand names (such as ImLive, Im Live, iamlive, I am live) and misspellings thereof, through Pay Per Click search campaigns, for instance in Google, Bing and Yahoo - is not eligible for the campaign bonus payouts.
This includes keywords appearing in ad text, and keywords used as a 'trigger' to display the affiliate ads.