The following are the Terms and Conditions for participation in the "Perfectgonzo" affiliate program (herein referred to as "the Program or we). As used in this agreement, you or your means the applicant/affiliate.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DEV8 ENTERTAINMENT LIMITED (DBA Perfectgonzo). BY CHECKING THE CHECKBOX BY Check box if you agree to Perfectgonzo's terms ON THE SIGN UP FORM & SUBMITTING YOUR INFORMATION, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU HAVE READ, ACCEPT AND ARE BOUND BY ALL OF THE TERMS, CONDITIONS, PROMISES, WARRANTIES, DUTIES AND OBLIGATIONS SET FORTH IN THIS AGREEMENT.
1.1 You must be at least eighteen (18) years of age or the legal age in your jurisdiction to participate in the Program.
1.2 In order to participate, you must register by submitting an application with CORRECT information via http://www.perfectgonzo.net/. We may choose to decline your application should we find any of the information and/or your website unsuitable for any reason.
1.3 By signing up to the Program you agree that you accept to receive notices in regards to the Program as long as you are part of the Program.
1.4 The Program's administration reserves the right to refuse your participation in the Program for any reason.
2. Responsibilities & Forms of Promotion
2.1 You may use any form of promotion that does not breach the terms of this agreement.
All visitors you send to us must come from a web page.
2.3 All surfers sent to the Program's site(s) must be in a full size window with toolbars, location, scroll bars, etc. It must be a regular, unaltered Internet browser window.
Our sites MAY NOT be opened or loaded in a FRAME. If your site uses frames, all links to our sites must use TARGET="_top" or TARGET="_self".
2.5 Do not alter the linkcodes.
2.6 Do not use illegal/false advertising as specified below.
2.7 Do not attempt to defraud the Program.
2.8 You are responsible to keep your information on-file accurate for proper notifications and commission payment settlements.
2.9 You must ensure that you are not performing any actions or doing anything that may violate this agreement or that is grounds for termination as described in section 6. Termination.
3. Illegal Methods of Directing Visitors to the Program's websites
Illegal Methods of Directing Visitors to the Program's websites herein refered to as (Illegal Advertising) consists but is not limited to the following:
3.1 You may not advertise and/or send traffic from any site containing child pornography or material that is not compliant to 18 USC 2257. We maintain a zero tolerance policy towards anything related to child pornography and reserve the right to cooperate with law enforcement authorities in any child pornography investigations.
3.2 You may not send traffic from websites containing materials which constitute an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or other rights.
3.3 False advertising such as statements, photos, graphics, videos promising features and content that are not available by the Program's website to members is not permitted.
3.4 Advertising our products and sites to minors is not tolerated.
3.5 The Program does not accept sites and links from sites that endorse actual, implied or simulated: bestiality, obscene, rape, torture and child pornography.
3.6 You will not be paid for sales received via methods deemed as Illegal Advertising and sending such traffic through such methods is grounds for immediate termination. Perfectgonzo reserves the right to modify the methods it considers as “Illegal advertising at any time.
3.7 You shall not use or employ any form of mass solicited or unsolicited electronic mailings, newsgroup postings, IRC postings, adware, spyware, malware marketing or any other form of "spamming" as a means of advertising or for the purpose of directing or referring users to any Websites owned, operated or controlled by the Program.
You further acknowledge and agree that the Program has the right to immediately, and without notice, terminate your participation in the Program if the Program, in its sole and absolute discretion, concludes that You have engaged in the use of any form of mass solicited or unsolicited electronic mail solicitations, newsgroup postings, password selling or trading, warez, IRC posting, adware, spyware, malware marketing or any other form of "spamming". NOTE: the Program HAS ZERO TOLERANCE FOR SPAMMING. IF AFFILIATE SPAMS OR SENDS SOLICITED OR UNSOLICITED EMAIL FOR THE PURPOSE OF DIRECTING OR REFERRING USERS TO ANY WEBSITES OWEND, OPERATED OR CONTROLLED BY THE PROGRAM, PARTICIPATION IN THE PROGRAM WILL BE TERMINATED, AFFILIATE WILL BE BARRED FROM FUTURE PARTICIPATION IN THE PROGRAM AND ALL FUNDS OTHERWISE DUE TO AFFILIATE WILL BE FORFEITED TO the Program. CLICK HERE TO VIEW THE CAN-SPAM ACT.
Your duty in order to receive a commission from the Program is to direct visitors via a webpage to the Program's authorized websites. A commission is paid on a unique trial or full sale that occurs when a visitor views your webpage in his Internet browser, clicks on the authorized linking code issued to you by the Program, is redirected to the Program's authorized websites, enters his/her billing information, is approved and the Program receives the fee. The Program reserves to modify the authorized linking codes at anytime, but it will however notify you in advanced of such changes in order to allow enough time to comply.
4.1 Sales via Credit Card: The Program pays you twenty five Dollars ($25.00) for every trial or full sale, minus refunds, returns, credits or chargebacks, generated by traffic sent via your linking code during a period. If you refer more than 15 trial or full sales during a period, your commission is automatically increased to thirty dollars ($30.00) for all sales during that period. Refunds, Returns, Credits or Chargebacks are deducted from any payments. In case of referring sales offering discounted memberships, there is no automatic increase to thirty dollars ($30.00) for the sales sent to that program.
4.2 Sales via US Checking Account: The Program pays you the same commission as in 4.1 for sales.
4.3 Sales via EU Checking Account: The Program pays you the same commission as in 4.1 for sales.
4.4 Sales via 1-900 Phone Call: The Program does not utilize 1-900 payment methods.
4.5 Sales via Dialer & SMS: The Program does not utilize Dialer & SMS payment methods.
The Program does not have an Affiliate Referral Program.
4.7 You agree that if you are in violation of this agreement all commissions shall be forfeited. No commission shall be paid for sales deemed as fraudulent, at the sole and exclusive discretion of the Program's administration.
4.8 No sale shall occur when the visitor visit the website without going through an authorized linking code issued by the Program.
Commissions are not credited for sales or affiliate referral generated by you or someone in your organization and/or family.
All commissions are calculated and paid in US Dollars.
The above rates are subject to change and you will be informed as stated in the Modifications section of this agreement.
5.1 Payouts are calculated based on commissions received during a two week period. Commissions are paid two weeks after the end of each two week period. You can select between a check, paxum or a wire transfer.
Commissions for Period starting with the 1st of the month and ending with the 15th of the month are paid on the 1st (or next business day) of the following month (2 weeks after the end of the period). Commissions for the Period starting with the 16th of the month and ending with the last day of the month are paid on the 16th (or next business day) of the following month (2 weeks after the end of the period).
Commissions for a period that do not meet our minimum of $100.00 or your set minimum payout (must be over $100) will be carried over and be credited toward the next period until such minimum is met.
If there is a discrepancy with any of your payouts, you MUST inform the Program within sixty (60) days or you are said to have waived the right to challenge the payout calculation.
The above dates are subject to change and you will be informed as stated in the 10. Modifications section of this agreement.
Our log files will prevail in determining amount of sales.
5.7 All statistics are considered UNOFFICIAL until you have received a payout confirming the amounts.
5.8 The Program does not require US tax ID numbers as payout information.
5.9 You aknowledge that there will be certain fees pertaining to payment processing in case of wire transfers.
The Program reserves the right to terminate you based on but not limited to the following:
6.1 The sales you have sent to the Program have excessive refunds and/or chargebacks.
Sending sales deemed as fraudulent by the Program or performing any action that is deemed as an attempt to defraud the Program.
6.3 Altering the authorized linking code provided by the Program by electronic, mechanical or automated means or other technologies, currently available or which may become available in the future.
Causing the modification or substitution of the linking code on URLs belonging to or identified with accounts other than your own.
Publishing, transferring, reassigning, disclosing, distributing,
leasing, renting or selling your account.
Signing up through your own account by yourself, an associate or a person from your family or otherwise directly instructed by or related to you.
6.7 Signing up through your own account by yourself for the affiliate referral program.
6.8 Breaching any of the terms set forth in this agreement.
6.9 Your account and/or website is unsuitable for any reason.
6.10 Illegal advertising as stated in section 3. Illegal Advertising
6.11 Providing false or incomplete information during the Program's registration process such as a false address or fraudulent banking information.
6.12 If we get notified by one of our billing processors that they request your account to be terminated due to violation of their Terms of Service or due to sales deemed as fraudulent by the particular processor.
Either you or we may terminate this agreement at any time, with or without cause, by giving the other party notice of termination. To terminate your account contact support. 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. If this agreement is terminated for any other reason, you are eligible to be paid for the commission on sales occurring up to the date of termination of this agreement. We reserve the right to withhold your final payment for 60 days to ensure that the correct amount is paid and none of the sales were fraudulent. You must meet the minimum payout of $100 in order to have a payment issued to you in any circumstance. We reserve to cancel the Program at anytime.
The Program will not be held liable for any loss due to server downtime, network downtime, packet loss, net traffic problems, acts of God, acts of war, riot, fire, flood, or other disaster, acts of government, strike, lock-out, communication line or power failures, failure, inoperability or destruction of the Site or its components.
The Program shall do everything in its power to maintain the highest standard of availability of its system.
8.1 The Program grants a limited nonexclusive, nontransferable and revocable license to use the Program and the websites/products' trademark names, service marks, logos, and to access, download and use promotional banner hypertext links, video, sound, photo content and any other form of intellectual property provided by the Program, on your website(s) for the exclusive purpose of advertising, marketing or promoting ONLY the websites and products of the Program; however, the license herein granted shall automatically and immediately cease upon the termination or breach of any term in this agreement.
8.2 You may not may not copy, reproduce, alter, modify, change, broadcast, distribute, transmit, disseminate, sell or offer for sale the materials, in any manner, anywhere in the world, without the express written consent of the Program. Contact support with questions in regards to what is permissive.
8.3 You are not allowed to remove, obstruct or make any change to the watermarks on the promotional materials, photographs, screenshots and videos.
Any modifications to the terms and provisions of this agreement made specifically for you or your website and not generally available to other affiliates, shall be deemed as confidential. You agree not to disclose any confidential information and that such confidential information shall remain secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose, except to the extent that any such information is generally known or available to the public or if disclosure is required by law or legal process.
The Program reserves the right to modify any part of this agreement at anytime without prior notice. Upon modification, you will be informed by email, writing or by an informational text on the Program's website. Should you choose to not accept the amendments, the only action you can take is to terminate your account and have all outstanding commission paid to you. Continued participation in the Program and/or no action shall mean that you have accepted the modifications to the agreement. All modifications shall become active 48 hours after the modifications and notice have been completed.
11. Relationship of Parties
You and the Program 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 have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site(s) or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the Program and the Program expressly disclaims responsibility for any conduct by you in violation of the terms of this agreement.
Representation & Warranties
You hereby represent, warrant and covenant 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. You further represent, warrant and covenant that the execution, delivery and performance by you of this agreement is within your legal capacity and power, has been: (1) duly authorized by all requisite actions taken on your part; (2) does not require the approval or consent of any other individuals or entities; (3) does not violate nor constitute a default under any provision of law, rule, regulation, order, judgment, or decree to which you are subject or which is binding upon you; and (4) does not violate the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or similar entity provide the Program with notice that you have engaged in unlawful conduct , the Program reserves the right to cooperate in any investigation relating to your activities, including the disclosure of your account information in connection therewith.
You hereby agree to indemnify, defend and hold harmless the Program, its shareholders, subsidiaries, 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 but not limited to (a) any claim or threatened claim that our use of your trademark(s) infringes on the rights of any third party; (b) the breach of any promise, covenant, representation or warranty made by you herein; (c) or any claim related to your site or method of directing visitors to the Program's websites; (d) any and all claims brought by third parties arising out of the use of the information accessed from the Program's websites.
Limitation of Liability
We 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 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 Program will not exceed the total commissions paid or payable to you under this agreement.
Terminated accounts cannot later apply to the Program without our express written consent. This agreement will be governed by the laws of The British Virgin Islands, without reference to rules governing choice of laws. 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 in the Courts of The British Virgin Islands, and you hereby submit to the jurisdiction and venue of such courts.
16. Trademark License
Dev8 Entertainment Limited hereby grants you a nonexclusive, nontransferable, nonsublicenseable, revocable, limited license to use Dev8 Entertainment Limited's websites names trademarks to identify them on your webpages that are used to promote the websites.
You may only use the trademarks, logos, service marks, copyrighted designs or other brand features (collectively "Dev8 Entertainment Limited Marks") related to the websites' names as explicitly licensed by Dev8 Entertainment Limited, and only under the terms and conditions and for the purposes described in such License.
All products and/or services for which you use the mark licensed hereunder shall be of a nature and quality acceptable to Dev8 Entertainment Limited in its sole discretion. You shall not use or present any Dev8 Entertainment Limited Marks: a) in a manner that suggests that editorial content has been authored by, or represents the views or opinions of, Dev8 Entertainment Limited or any Dev8 Entertainment Limited personnel or affiliate; b) in a manner that Dev8 Entertainment Limited determines to be misleading, defamatory, libelous, obscene, infringing or otherwise objectionable; c) in connection with any material that infringes the trademark, copyright or any other rights of any third party; or d) in a manner that infringes, derogates, dilutes, or impairs the rights of Dev8 Entertainment Limited in the its marks. Dev8 Entertainment Limited shall have complete discretion to evaluate your use and to decide whether that use violates any of the foregoing restrictions. In the event that Dev8 Entertainment Limited notifies you that your webpages are not acceptable, you agree to immediately cease any and all use of the marks.
Any use of the Dev8 Entertainment Limited Marks shall inure to its benefit. You acknowledge that Dev8 Entertainment Limited is the owner of all of the Dev8 Entertainment Limited Marks and warrant that you will not take any action which is inconsistent with Dev8 Entertainment Limited's ownership thereof.
You agree to make any changes to your use of the Dev8 Entertainment Limited Marks as are requested by Dev8 Entertainment Limited. This remedy is in addition to any other legal remedies to which Dev8 Entertainment Limited may be entitled in relation to the its marks.
Dev8 Entertainment Limited makes no representations and/or warranties concerning the Dev8 Entertainment Limited Marks and explicitly disclaims any and all implied warranties including any warranties of noninfringement, merchantibility, and/or fitness for a particular purpose.
Upon the termination of this agreement, you must immediately cease any and all use of the marks by removing them completely from your webpages.
If you have questions or comments please contact us.
This agreement had been updated on:
September 3, 2013