Affiliate Agreement
This agreement describes the entire terms and conditions for participation in the ModelScouts.com Affiliate Program.
In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refers to ModelScouts.com.
Affiliate Site
ModelScouts.com will create a unique URL for you when you submit a complete Affiliate Enrollment Form. This is the URL for your unique Affiliate Site.
Commission
You will receive 10% (ten percent) of the revenue as a commission from orders placed through your Affiliate Site. You will also receive an additional 5% (five percent) for each affiliate that joins our program that was referred from your affiliate website.
Payment
ModelScouts.com will submit commission payments either through the affiliate's PayPal account or issue a check for the applicable commissions within approximately 15 days after the end of each calendar month (minimum payment amount is $50.00). Although all payments made to ModelScouts.com are non-refundable, in the rare instance that ModelScouts.com has to refund fees or receives credit card chargebacks, the commissions for those payments will be deducted from the next monthly payment. If there is no subsequent payment, the Affiliate will be invoiced.
Order Fulfillment
ModelScouts.com will be solely responsible for processing every order placed by a customer on the Affiliate Site. ModelScouts.com reserves the right to reject any order that does not comply with our rules, operating procedures and policies. Models may not use the Affiliate Program to obtain discounts for ModelScouts.com services. Personal purchases by Affiliates for ModelScouts.com services will not be eligible for commissions.
Customers
Customers who purchase product and services through the Affiliate Program will be deemed to be customers of ModelScouts.com. Accordingly, all ModelScouts.com's rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. ModelScouts.com's policies will always determine the price paid by the customer.
Qualifying Sites
ModelScouts.com reserves the right not to accept any site into the Affiliate Program based on site content. Sites that do not qualify for the ModelScouts.com Affiliate Program include sites which:
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual
- orientation, or age
- promote illegal activities
- violate intellectual property rights
- Unsolicited Commercial Email
ModelScouts.com in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the ModelScouts.com Affiliate Program.
Scumware
Scumware is the use of Pop-up banners that hide banners that are displayed on a site, placement of icons beside keywords found in text that if clicked will take the visitor to someone else's site, etc. ModelScouts.com as a company promises it will not use such predatory advertising methods. Further, affiliates using such methods will have their account terminated.
Relationship of Parties
You and we 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 will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict this statement. Affilates will at no time claim to be model scouts or agents representing ModelScouts.com nor will they make statements or imply verbally or in writing that they are in any way working as a scout or agent for ModelScouts.com.
Limited License
We grant you a nonexclusive, revocable right to use the graphic image and text provided for Affiliates on the Affiliates Web Site and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice. Any personally developed links must meet with full approval of ModelScouts.com and become the property of ModelScouts.com before use can be approved.
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 to this Agreement.
Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. Without limiting the foregoing, you will be solely responsible for: · The technical operation of your site and all related equipment · The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials) · Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) · Ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all ModelScouts.com trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn referral fees on our sales of ModelScouts.com services occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
By submitting the Affiliate Order form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.