Loyalty Program Agreement & Terms of Service
This agreement contains the terms and conditions that apply to all participants in the SpicyMatch Loyalty Program
Earning Revenue promoting SpicyMatch
The SpicyMatch Loyalty Program offers 3 different Plans - Gold, Platinum & Black. Successful program Associates automatically participate in the respective Plan subject to the number of monthly premium members you hold during the particular calendar month (Gold - 0 to 99 premium members. Platinum - 100 to 499 premium members. Black - more than 500 premium members). Premium Members are those members who have successfully registered via the Associate's Invite Code and purchased a subscription in that respective calendar month.
The commissions payable to SpicyMatch Loyalty Program Associates are:
- Gold (0-99 monthly Premium Members) 35% from Direct Referrals
- Platinum (100-499 monthly Premium Members) 45% from Direct Referrals + 5% from Level 2 Referrals.
- Black (more than 500 monthly Premium Members) 50% from Direct Referrals + 5% from Level 2 Referrals + 5% from Level 3 Referrals.
When a SpicyMatch Loyalty Program Associate successfully refers Member A to SpicyMatch, this member is considered as a Direct Referral. When Member A successfully refers Member B to SpicyMatch, Member B is considered a Level 2 Referral. When Member B successfully refers Member C to SpicyMatch, Member C is considered as a Level 3 Referral.
Payment
1) The SpicyMatch Loyalty Program pays you commissions on every Premium Membership subscription effected by members who use your Invite Code when signing up to SpicyMatch.com, dependent on your respective Tier in a particular month. Commissions are paid throughout the entire lifetime of the member having a paid premium subscription on SpicyMatch.com.
2) Payments are calculated at the end of every calendar month. Associates must choose whether to receive payments automatically at the end of every month, or request payments manually through our Loyalty Program System.
3) Payments will only be effected, and may only be requested when the minimum payout stands at €100
Statistics and Reporting
4) SpicyMatch will use commercially reasonable efforts to provide you with access to real-time traffic reporting, qualifying sign-ups, and revenue statistics. You acknowledge and agree that in calculating your revenue, SpicyMatch's good faith determination of any amount owed shall be the final and binding determination. At all times you agree that you will not attempt to artificially inflate your traffic reporting, qualifying sign-ups, and revenue statistics by misleading or abusive practices.
Terms & Conditions
5) In case of any queries, the Associate may contact SpicyMatch directly at the following e-mail address: loyalty@spicymatch.com.
6) Nothing in these Terms & Conditions is construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between the Associate and Spicy Match Limited, and/or its employees, agents, assignees or subsidiaries.
7) The Associate agrees that the Program is not a franchise or other business opportunity and agrees that such Program does not fall within the scope of any such act or law. Specifically, these Terms of Service are not by their definition an offer or business opportunity.
8) The Associate further expressly agrees not to raise any claim of any kind against SpicyMatch Limited and agrees to hold SpicyMatch Limited harmless from any claim of loss by the Applicant directly or indirectly resulting from the decision to participate in the Program pursuant to these Terms of Service.
9) You, as the Associate, expressly declare to acknowledge that the SpicyMatch's Website/s are used for adult entertainment, being exclusively destined to the entertainment of adults.
10) SpicyMatch.com may not be marketed to those who are underage or who have not expressed a desire to encounter sensitive erotic material.
11) No adult-oriented promotions may be marketed or described in such a manner as to suggest or imply, or to create any inference, directly or indirectly, that underage or other unlawful content may be found on SpicyMatch.com. All adult-oriented promotions must clearly and conspicuously indicate that all individuals appearing throughout SpicyMatch.com are verified adults aged 18 years of age or older.
12) If Associate uses sexually explicit content to promote SpicyMatch.com and if Associate is subject to 18 U.S.C. Section 2257 ("Section 2257"), then Associate shall, in promoting SpicyMatch.com, comply with all provisions of Section 2257 and its associated regulations issued by the U.S. Department of Justice at 28 CFR 75 and/or similar legislation in respective jurisdictions.
13) You are not allowed to join the SpicyMatch Loyalty Program if you engage in any unlawful, obscene, discriminate, non compliance of minor laws or in any way harmful to minors, misleading, unfair business practices, engage in credit card theft or fraud, spam or unsolicited mass email, non compliance of the can spam act, infringe on any trademark, patent, copyright or other intellectual property rights. To begin the automated enrollment process, you will submit a completed SpicyMatch Loyalty Program Application on our web site. We will notify you by email of your acceptance. We may reject you or your site for any reason or no reason whatsoever. You must be at least the age of 18 or the age of majority in your state, locality or jurisdiction in which you reside in order to become a Loyalty Program Associate and must not be an employee of Spicy Match Limited or any of it's subsidiaries.
14) You may not use the SpicyMatch log in page and/or sign up page on your site, nor may you have a log in box to SpicyMatch on your site, collect user names, passwords, or sign up information. Referred visitors must sign up for membership on spicymatch.com or one of our designated sites only, otherwise no commissions will be paid and your loyalty account will be deleted from our system. As a SpicyMatch Loyalty Program Associate, you will receive banner advertisements, button links and or text links to our site. These links may contain SpicyMatch logos and or identifying words. Use of these Links is subject to our terms and conditions. As a SpicyMatch Loyalty Program Associate, you may display Links throughout your site as you see fit. You may not alter, modify or expand the Links in any way; provided, a link may be modified or expanded with our written consent. Each Link connecting users of your site to our site may not alter the look, feel or functionality of our site. We may monitor your site at any time to determine if you are in compliance with the terms and conditions of this Agreement. We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. However, we reserve the right to approve and to prohibit all Links. You agree to immediately notify us of any complaints you learn of regarding alleged sexually explicit ads for our sites, goods, and services.
15) You are granted a non-exclusive, limited, nontransferable, and revocable right to access, download and use SpicyMatch logos, banners hyperlinks and trademark(s) to promote spicymatch.com. This license will terminate automatically when you are no longer a member of the SpicyMatch Loyalty Program or in breach of any of the conditions in this agreement.
16) All Program materials, including, without limitation, all advertising banners, hypertext links, photographic materials, recordings, video, sound, and any form of intellectual property rights on such materials provided to the Applicant by SpicyMatch as part of this Program shall remain the property of SpicyMatch and may not be copied or reproduced, altered, modified or changed, broadcasted, distributed, transmitted or disseminated, sold or offered for sale, in any manner, at any time, anywhere in the world, except as expressly authorized in these Terms of Service.
17) Other than as expressly stated in this Agreement, nothing shall be construed as a grant or assignment of any rights in any intellectual property owned by SpicyMatch, including without limitation any of its copyrights, trademarks, service marks, or domain names. Associate acknowledges that any use by Associate of SpicyMatch's intellectual property (including without limitation copyrights, trademarks, service marks, and domain names) on any media other than the Internet or mobile devices, and/or in violation of this Agreement, will constitute infringement of SpicyMatch intellectual property rights.
18) Associates agree not to register domain names that infringe on our SpicyMatch patent and are likely to confuse a web user such as spicymatchswingers.com or any combination thereof, etc.
19) The Associate will at no time, by using any materials provided in the framework of these Terms of Service by SpicyMatch or by using its promotional materials directly or indirectly display, through any means, negative or offensive advertising. The Associate will be held liable for any and all damages occurred to SpicyMatch resulting from or in connection with such conduct, regardless of the motivation.
20) You may not link to or display or by any other method utilize any member information including but not limited to profiles, photos, and videos on your website at any time.
21) You may not promote SpicyMatch.com on any page or Internet facility regarded as objectionable by ISPs or otherwise considered unlawful according to any controlling legal authority. Traffic not accepted includes, but is not limited to, websites and URLs depicting content or representing services of the following nature: simulated or actual child pornography or content otherwise exploitative of minors, computer viruses, "warez," distribution of pirated content, actual or simulated depictions of nonconsensual sexual activity, illegal prostitution or escort services, obscenity, or spam.
22) In promoting SpicyMatch.com, Associates agrees to comply with all provisions of the Federal Trade Commission's Guides Against Deceptive Pricing at 16 CFR 233, Guides Against Bait Advertising at 16 CFR 238, and Guide Concerning Use of the Word "Free" and Similar Representations at 16 CFR 251, as well as the Guides Concerning the Use of Endorsements and Testimonials in Advertising at 16 CFR 255 and/or similar legislations in respective jurisdictions.
23) All advertisements or statements used in your marketing must accurately and truthfully represent the materials being offered. Your marketing materials shall not be false, deceptive, misleading, or infringing (including without limitation violating copyrights, trademarks, domain names, privacy, or other personal or proprietary rights of third parties). Any material misrepresentation, infringement, or omission that is reasonably likely to mislead consumers is considered false, deceptive, and/or misleading, and is a violation of this Agreement. Associate is hereby notified that SpicyMatch does not grant Associate actual or apparent authority to make such misrepresentations. Associate further acknowledges and agrees that Associate's registration and/or use of any domain name that incorporates words or marks which are identical or confusingly similar to SpicyMatch trademarks and service marks, is deemed by the parties to constitute a bad faith registration and/or use and a material breach of this Agreement, unless Spicy Match Limited has expressly consented to Associate's registration and use of such domain name.
24) Associates agree to comply with the Can Spam Act and maintain an opt in email list if you are going to promote SpicyMatch via email, and agree immediately to remedy any complaints of spam or unsolicited email and fully understand that after an investigation by SpicyMatch if you are found to be in violation of the Can Spam Act this is grounds for immediate account termination. You are strictly prohibited from using any spyware or promotions to advertise our sites, goods, and services.
25) You are prohibited from advertising spicymatch.com or our services through the use of e-mail or Links in e-mail. This provision prohibits you from sending any e-mail messages advertising spicymatch.com services or including our marks or Links even if such e-mail is permission based or double opt-in. SMTech Online Ltd at its own discretion and not as its exclusive remedy, reserves the right to suspend, terminate or by any other method, discipline you without further notice or pay if it is determined that you (or someone acting on your behalf) violated this provision.
26) Anti-Spamming Policy SpicyMatch.com prohibits you from engaging in any form of unsolicited commercial emailing (commonly referred to as "spamming") or the sending of e-mails that are misleading, spoofed, contain misleading subject lines, contain inaccurate or misleading sender or recipient data, or violate applicable State or Federal Statutes. For the purposes of SpicyMatch.com definition, spamming also includes similar, abusive behavior in a third party "chat room" or website or the sending of unsolicited or misleading Instant Messages, Chat room, Newsgroup, ICQ or IRC messages. Such behavior could include automatically sending scripted text (and website URLs) disguised as "chat" or conversation into any third party chat room. You agree that you will not directly or indirectly offer third parties any consideration or incentive (including without limitation payment of money or granting of any discounts or other benefits) for linking through to the SpicyMatch.com website through your referral links, nor will you require third parties to join SpicyMatch.com as a prerequisite to accessing other products or services. You also agree that you will not attempt to directly or indirectly obtain screen names or passwords from users of SpicyMatch.com including without limitations subscribers whom you have referred to SpicyMatch.com
27) SpicyMatch.com at its own discretion and not as its exclusive remedy, reserves the right to suspend, terminate or by any other method, discipline any Associate without further notice or pay if it is determined that the Associate was spamming or in violation of this provision or in violation of applicable law. You hereby represent, agree, and warrant that you shall only send commercial e-mail to those who opted-in and consented to receive such commercial e-mail and you further represent, agree, and warrant that as proof of the above you shall maintain, use, and update in real time an "E-Mail Database" that contains a full audit trail of all persons or entities who opted-in and consented to receive any commercial e-mail advertisements sent by you (or at your request) during the term of this agreement including, the date of the opt-in consent, the manner, date, time, location (URL if by web form), scope, and method of the opt-in consent, the e-mail address (and PII and/or Static IP address if obtained) that opted-in, and all the e-mails sent to such e-mail address, and requests to opt-out by such e-mail address along with the manner, date, time, location (URL if by web form), scope, and method of such opt-out. You hereby agree to act expeditiously to remedy any and all complaints of spam or unsolicited commercial e-mail, including but not limited to, opting-out such persons from receiving further e-mails from you. You further agree to fully and immediately respond to any and all requests or queries we make of you requesting information and/or written reports of data located in the E-Mail Database.
28) As a SpicyMatch Loyalty Program Associate you agree to act as a professional representative of SpicyMatch and govern yourself accordingly in all manners and affairs concerning your promotion and collaboration with SpicyMatch. SpicyMatch management reserves the right, at its sole and absolute discretion, to refuse membership to any person, or to terminate any SpicyMatch Loyalty Program membership, without notice.
29) Associate acknowledges and agrees that from time to time SpicyMatch services may be inaccessible or inoperable for any reason, including without limitation equipment malfunctions, periodic maintenance procedures or repairs, or causes beyond the reasonable control of SpicyMatch or that are not reasonably foreseeable by SpicyMatch, including without limitation interruption or failure of telecommunication or digital transmission links or hostile network attacks, network congestion, or other failures. Associate acknowledges and agrees that SpicyMatch has no control over the availability of its services on a continuous or interrupted basis.
30) SpicyMatch expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All SpicyMatch services are provided on an "as is" and "as available" basis. SpicyMatch makes no warranty that its services will meet Associate's requirements or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. SpicyMatch does not warrant, or make any representations regarding, the use or results of any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the disclaimer of implied warranties, in which event the foregoing disclaimer may not apply to you. SpicyMatch does not guarantee any success and/or profits by participating in any SpicyMatch services, and makes no representations, guarantees, and/or warranties of same. SpicyMatch retains the discretion to reject and/or limit or curtail payment to Associates for qualifying sign-ups originating from certain high-risk countries. To request a current list of those countries, please contact our Loyalty Scheme personnel.
31) In no event shall SpicyMatch be liable to Associate or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contact, tort (including negligence), breach of warranties, either express or implied, any breach of this Agreement or its incorporated agreements and policies, Associate's loss of data or files, or otherwise, even if SpicyMatch has been advised of the possibility of such damages. Some jurisdictions do not allow such a broad exclusion or limitation on liability for damages contained herein. In such jurisdictions, SpicyMatch 's total liability for this Agreement is limited to the full extent permitted by law, and in no event shall SpicyMatch's maximum aggregate liability to you exceed €100.
32) You agree to provide SpicyMatch with truthful, accurate, complete, and current account information. You further agree to only provide account information over which you have direct control and authorization. Failure to provide such account information, or provision of false or unauthorized account information, shall constitute a breach of this Agreement. You agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as your agent, and transactions entered into by anyone who uses your account. You agree to maintain a working email address while you are a SpicyMatch Loyalty Program Associate and to notify SpicyMatch promptly if you make any change to your email address. Your participation in and/or use of SpicyMatch services requires, and constitutes your express consent to, the receipt of email communications from SpicyMatch.
33) The Associate also warrants being in compliance with the Link Scheme Guidelines of Google (can be found on the Google webpage or on this link) at all times with regard to its links to the SpicyMatch Websites. In case the Applicant fails to do so, SpicyMatch reserves the right to immediately terminate the Associate's participation in the Program without notice.
34) The Associate will not, directly or indirectly, by any means, trick, link, or artifice in any manner any content or material to any of the SpicyMatch's Websites through any hyperlinks maintained or created on the Associates website(s) any material which constitutes an infringement, misappropriation, or violation of any person's rights of publicity, privacy rights, or any person's intellectual property rights, including but not limited to copyrights, trademarks and service rights; This includes photos altered to look like celebrities or other private persons. Any program, file, data stream, or other material which contains viruses, malware, spyware, worms, "Trojan horses", malicious java script, or any other feature, which takes control of a third party computer or CPU without their permission and which may cause damage (intended or unintended) to any computer equipment, loss or corruption of data or programs, or inconvenience to any person; any material which contains any form of solicitation for prostitution or personal contacts outside the context of websites, or which promotes and/or facilitates Incentive Based Websites, Warez Websites, hacking, cracking, or the downloading and/or trading of unauthorized MP3 audio files and/or any other unauthorized content protected by third parties intellectual property rights.
35) Subject to the fulfillment of any outstanding liabilities and/or obligations to the other party, this Agreement, relationship, and/or any SpicyMatch service utilized by Associate may be terminated for convenience by either party at any time. If this Agreement, relationship, and/or any SpicyMatch service is terminated for convenience, Associate is eligible to receive all unpaid revenue earned by Associate prior to the date and time of termination; however, Associate is not eligible to receive revenue from any activities occurring after the date and time of termination. If this Agreement, relationship, and/or any SpicyMatch service is terminated by SpicyMatch for noncompliance and/or breach of this Agreement, Associate is not eligible to receive any unpaid revenue earned prior to the date and time of termination.
36) At all times, in order to receive any revenue under this Agreement, Associate's account must be active and in compliance with the terms of this Agreement. If Associate does not actively generate new qualifying sign-ups to SpicyMatch.com for a period of ninety (90) consecutive days, Associate's account may, at SpicyMatch sole discretion, no longer be deemed active and instead may be designated as inactive. Inactive accounts will not receive commissions until such time as the account is once again designated as active.
37) During the term of this Agreement and for as long as SpicyMatch provides you with administrative services (including without limitation ongoing custodian of records retention services, which may survive termination of this Agreement), you agree to pay SpicyMatch.com an administrative fee of ten euros (€10) per month. You agree that SpicyMatch may deduct this administrative fee from any SpicyMatch revenue you have earned. You also agree that SpicyMatch may, in its sole discretion, modify or waive such fees, in whole or in part, based upon your Associate account activity. At no point will SpicyMatch guarantee the continuous and/or complete retention of records. You are also hereby agreeing that any fees incurred in the paying out of commissions, such as, but not limited to, Bank Check Charges, Banks Transfer charges, and any other similar charges relating to the payment of commissions, will be automatically deducted from every payout.
38) This Agreement between SpicyMatch.com (SMTech Online Ltd) and the registered SpicyMatch Loyalty Program Associate ("you") takes effect when the Associate clicks the "Create My Account" button on the account creation form. SpicyMatch may, in its sole discretion, require that you also submit a signed version of this Agreement at any time. In the event of a conflict between the terms of this Agreement and any policies posted on SpicyMatch.com, the terms of this Agreement shall take precedence and shall be binding. SpicyMatch may choose to provide translations of this Agreement for Associate's convenience; however, Associate agrees that the English version of the Agreement is controlling. A waiver by either party of any term or condition of this Agreement or any breach thereof, in one instance, shall not waive such term or condition or any subsequent breach thereof. Associate hereby agrees not to assign, transfer, or sell his/her rights under this Agreement without SpicyMatch's prior express written consent.
39) SpicyMatch may change this Agreement, as well as any terms, policies, payout programs, payout amounts, bonuses, eligibility requirements, or qualifying amounts at any time by posting such changes on the SpicyMatch.com website or by expressly communicating such changes to Associate in email or newsletter format. Changes become effective immediately upon the posting of such changes or Associate's receipt of such email or newsletter, whichever occurs earlier. The current posted version of this Agreement comprises the entire agreement governing the relationship between an Associate and SpicyMatch regarding the SpicyMatch Loyalty Program and services and supersedes any prior agreements with respect to the subject matter hereof. Associate agrees to review this Agreement periodically and to be aware of such changes. If any change is unacceptable to Associate, Associate may terminate this Agreement as provided above. Associate's continued use of SpicyMatch & SpicyMatch Loyalty Program service(s) following the effective date of any modifications to this Agreement and/or to any SpicyMatch.com and/or SpicyMatch Loyalty Program service constitutes acceptance to all such changes. Moreover, Associate's endorsement or acceptance of SpicyMatch Loyalty Program revenue constitutes acceptance of any such modifications to this Agreement and/or to the SpicyMatch Loyalty Program service(s).
40) The Associate will at no time, by using any materials provided in the framework of these Terms of Service by SpicyMatch or by using its promotional materials directly or indirectly display, through any means, negative or offensive advertising. The Associate will be held liable for any and all damages occurred to SpicyMatch resulting from or in connection with such conduct, regardless of the motivation.
41) Should any provision of this Agreement be found void, invalid, or unenforceable under any applicable law or equity, such a finding shall not affect the remainder of this Agreement, in part or in whole, that can still be given effect without the void, invalid, or unenforceable provision.