Terms & Conditions

 

BadpuppyVideo.com Affiliate Program

 

1.  ACCEPTANCE OF TERMS:  By participating in the BadpuppyVideo.com Affiliate Program (Program),

you agree to the following Terms and Conditions in their entirety.  These terms do not invalidate

any other prior written Agreement that you may have with Dog Gone Media, Inc. regarding

this or any other revenue sharing program. Should there be a contradiction between these terms

and those of the written Agreement, the written Agreement shall have precedence.

 

2.  YOUR OBLIGATIONS: 

    a) It is your sole responsibility to promote and publicize the Program’s site(s).  You agree to

       use all advertising and promotion means at your disposal to generate the maximum possible

       number of visitors and sales/sign ups per month on the Program’s site(s) including, but not

       limited to, advertising the Program’s site(s) in your site’s banners, newsletters, mailings,

       emailings, print ads and other such promotional media.

    b) You also must comply with all local laws within your state and country.  For U.S. residents

       this includes "18 U.S.C. 2257 Record-Keeping Requirements Compliance" policies.

 

3. LINKS: You may send as much traffic as you want to the Program’s site(s) using as many sites

    and webpages as you wish and posting as many links as you desire. You may use BadpuppyVideo.com’s

    banners or banners of your own design (subject to BadpuppyVideo.com’s prior approval) and you may use

    text links as long as they are a proper description of the Program’s site(s). You may also register

    your link(s) with search engines or lists, and use popups or consoles. In short, you may use

    whatever methods at your disposal to send traffic from your website(s) to the Program’s site(s),

    provided you comply with all other terms and conditions herein and do not infringe any laws

    regarding content or copyright.

 

4. SPAMMING IS PROHIBITED: You agree to abide by all current State and U.S. Federal laws and

    regulations regarding spamming.  The following practices are prohibited without exception:

    a) The marketing of BadpuppyVideo.com, its sites or Programs by the transmission of unsolicited bulk email.

       Bulk emailing must be pursuant to a prior business relationship with the e-mail recipients,

       including, but limited to, having obtained their email addresses through a verifiable opt-in

       procedure.

    b) The marketing of BadpuppyVideo.com, its sites or Programs by the transmission of email that uses or

       contains invalid forged headers, invalid or nonexistent domain names or other means of

       deceptive addressing (counterfeit email).

    c) The marketing of BadpuppyVideo.com, its sites or Programs by the transmission of email that is relayed

       from any third party’s mail servers without the permission of that third party, or which

       employs similar techniques to hide or obscure the source of the email.

    d) The harvesting or collection of screen names from any ISP service (for example, AOL) for the

       purpose of sending unsolicited email.

    e) Posting newsgroup links, IRC & chatroom messages, and any other practice that could damage

       BadpuppyVideo.com’s reputation, or expose the Program’s site(s) to legal liability.

   Failure to comply with these rules will result in the immediate termination of your account and

   forfeiture of any funds owed to you.  Failure to comply may also result in civil and criminal penalties

   against the sender under applicable federal and/or state law.

 

5. UNACCEPTABLE CONTENT: Links to your site or the Program’s site(s) from and to any site that

    contains or promotes illegal content in whichever form, such as child pornography, depictions of

    bestiality or rape, copyrighted material, pirated software (warez), passwords, or rights of any

    third party (including, but not limited to, trademarks, privacy, or other proprietary or personal

    rights), are strictly prohibited. BadpuppyVideo.com reserves the right to demand the removal of any

    graphics, images or descriptive text related to the Program’s site(s) which, in BadpuppyVideo.com’s

    sole discretion, may expose BadpuppyVideo.com to legal liability, may damage BadpuppyVideo.com’s reputation or

    contravenes BadpuppyVideo.com’s safe-sex policy.

 

6. AFFILIATE CODE: You will receive an Affiliate Code and instructions on how to format links to

    the Program’s site(s). You will only get credit for sales that can be automatically tracked through

    links/URLs as BadpuppyVideo.com supplies them to you. You will not receive credit if customers order by phone.

 

7. EXCLUSIONS: You must restrict access to the Program’s site(s) and/or links to the Program’s site(s)

    from (a) jurisdictions where adult material is illegal, and (b) minors.

 

8. LEGAL AGE: You must be at least 18 years of age, and must have reached the age of majority in

    your local jurisdiction to participate in the Program.

 

9. COMMISSION:  You are paid 25% to 45% of gross revenue generated from a new sign-up, with

    custom commissions for high traffic Accounts. All payments are net of applicable chargebacks/returns.

    If a service is returned due to fraud or charged-back by a customer after your commission payment

    is issued, the corresponding commission will be deducted from the next monthly payment. If there is

    no subsequent payment, you agree to reimburse the commission upon receipt of an invoice. BadpuppyVideo.com

    is not responsible for loss of commission due to technical issues or any other issues that may arise.

 

10. PAYMENT SCHEDULE: All funds are paid in United States Dollars (USD). All commissions are

    summed up at 12:00 Midnight on the last day of the month. Checks will be sent out on the 15th day

    of the following month.  NOTE: Payments are only made when the combined amount due is $25.00

    USD or more for US and Canada Affiliates and $100.00 USD or more for Affiliates in all other

    countries. When less than the minimum payable amount has accrued in a single month, the amount

    owed is carried forward until the combined amount due is at least the minimum payable amount as

    described above.

 

11. PRIVACY:  Individuals who use the Program’s site(s) and/or any services related to the Program that

     is provided by BadpuppyVideo.com, will be deemed customers of BadpuppyVideo.com.  BadpuppyVideo.com will be the sole

     owner of all customer information including credit card data, name, address, email address, telephone, etc.

 

12. LIABILITY: BadpuppyVideo.com shall not be held liable for any loss of income or loss of profit arising from

    downtimes due to problems with your hosting equipment, or technical errors. Nor shall BadpuppyVideo.com be

    held liable for any loss of income or loss of profit arising from any downtimes of its network,

    whether BadpuppyVideo.com is at fault or a third party is at fault. You agree to participate in the Program

    at your own risk and not to hold BadpuppyVideo.com or its directors and owners liable for any damage or loss

    caused by participation in the Program.

 

13. REMEDY: If you are not satisfied with the Program or any of its terms, conditions, rules, policies,

    guidelines, or practices, your sole and exclusive remedy is to terminate your account and discontinue

    sending traffic to the Program’s site(s).

 

14. MISREPRESENTATION AND FRAUD: You may not use the Program for any other purpose than its

    promotional design. Any misrepresentation of the Program will be cause for termination of your

    account. You may not say that you are a partner or owner of BadpuppyVideo.com for legal and tax reasons,

    or for any other purpose. Any tampering, misuse or fraud will immediately result in termination,

    forfeiture of all commissions owing, and prosecution.

 

15. COPYRIGHT: BadpuppyVideo.com retains ownership of and all rights to its names, logos, trademarks, service

    marks, systems, software, lists, databases, reports and any information created, developed or

    purchased by BadpuppyVideo.com. The Program’s site(s) and all pages within the Program’s site(s) are the

    property of BadpuppyVideo.com.  However any names, logos, trademarks, and service marks that you own,

    will remain under your ownership.

 

16. PROMOTION:  You agree that BadpuppyVideo.com may use your website information for promotional purposes.

 

17. SUBJECT TO CHANGE: These rules and regulations are subject to change at any time and

    BadpuppyVideo.com reserves the right to change the Terms and Conditions including the payout rate without

    notice.

 

18. CONTACT INFORMATION: You are responsible for maintaining current contact and payee

    information and must inform BadpuppyVideo.com of any changes within 24 hours. All incomplete information

    will be deleted from BadpuppyVideo.com’s files and if you provide BadpuppyVideo.com with an incorrect email address

    your account will be terminated.

 

19. OWNERSHIP: The BadpuppyVideo.com Affiliate Program is owned and operated by BadpuppyVideo.com,

    Inc., a Florida, USA corporation.  Except as noted, no content can be reproduced, copied,

    modified, framed, sold, removed, distributed, downloaded, republished, posted, displayed,

    transmitted, or in any other way exploited, in any form, including, but not limited to, mechanical,

    electronic, photocopying, recording or in any other form, without express written consent by

    BadpuppyVideo.com other than promotional content provided inside the Webmaster Lounge.

 

20. INDEPENDENT CONTRACTORS:  You and BadpuppyVideo.com are independent contractors.  Nothing in

    this agreement shall make either party a partner, joint venturer, representative or any of the

    other and neither party shall so hold itself out by advertising or otherwise.

 

21. FAILURE TO COMPLY: Any failure to comply with any of the Program's rules and regulations

    will result in the immediate termination of your account and forfeiture of any funds owed to you.

    BadpuppyVideo.com will undertake any legal action required to recover funds previously paid and compensation

    for damages incurred if any.

 

22. WARRANTIES AND REPRESENTATION:  You warrant and represent that:

    a) You are legally authorized and with full power, able to enter into this agreement.

    b) You accept this agreement in its entirely.

    c) You are at least 18 years of age, and must have reached the age of majority in your local

       jurisdiction.

    d) Minors will not be given access to the Program’s site(s).

 

23. INDEMNIFICATION:  You agree to indemnify, defend and hold harmless BadpuppyVideo.com and its

    parent subsidiaries, affiliates, successors, as well as its officers, directors and employees from

    any and all losses, liabilities, damages, actions, claims, expenses and costs (including attorneys’

    fees) relating to the violation of this agreement or the participation in the Program.

 

24. TAX INFORMATION:  All U.S. citizens must supply a Tax Form that includes a Social

    Security Number or Federal Tax ID before receiving any commission payments. For all

    combined yearly commissions of $600.00 or more, BadpuppyVideo.com will register a 1099

    (U.S. domestic entities) or 1042-S (for foreign entities). Anyone providing false

    information will (a) forfeit all commission payments and (b) have all accounts terminated.

    You must keep all your contact information accurate and up-to-date.

 

25. CORRESPONDENCE:  As an affiliate of BadpuppyVideo.com you agree to receive any correspondence

    regarding the Program.

 

26. SEVERABILITY:  Any provision of this agreement that is illegal, invalid, prohibited or

    unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent

    of such illegality, invalidity, prohibition or unenforceability without invalidating the remaining

    portions hereof or affecting the validity or enforceability of such provision in any other

    jurisdiction, and the remainder of this agreement shall not to affected thereby and shall

    remain in full force and effect and shall be enforced to the greatest extent permitted by law.

 

27. TERMINATION: BadpuppyVideo.com reserves the right to cancel your account for inactivity or any

    other reason at BadpuppyVideo.com’s sole discretion.

 

28. WAIVER:  No breach of any of the provisions hereof may be waived except by written notice.

    No waiver of any breach of any provision of this Agreement shall be deemed a waiver of any

    other breach of the same or other provision.  No failure to exercise any right or privilege shall

    be deemed a waiver of BadpuppyVideo.com’s right to exercise a similar or other right or privilege

    subsequently.