Effective Date: 07/24/2015
Privacy Policies Used in Connection with Your Subscription. When you register for an Account on the Affiliate Network, we use a password-protected third party portal to store your personal information, and we may share your personal information with such third party ("Third Party Agent") as is necessary for the performance of your Account and the Affiliate Network.
Non-Personally Identifiable Information. We may collect certain non-personally identifiable information about you when you visit certain pages of this Site and/or register for an Account on the Affiliate Network, such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows '98 or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink), and share such information with our Third Party Agent. We use the non-personally identifiable information that we collect to improve the design and content of the Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Site usage.
We may additionally collect information using Web beacons, which are commonly referred to in the industry as web bugs, pixel tags or Clear GIFs. Web beacons are electronic images that may be used on the Site, in your Account, or in our emails to deliver cookies, count visits and determine if an email has been opened and acted upon.
Use of Information. We use your personally identifiable information: (a) to send you information regarding your Account and the Affiliate Network; (b) to track your compliance with the Terms and Conditions ("Terms and Conditions"); and/or (c) for validation, suppression, content improvement and feedback purposes. You agree that we, or our Third Party Agent, may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your Account on the Affiliate Network.
Offer. "Offer" means a promotional offer published by nightdatingone.xyz on the Program Site, in an electronic mail or both, setting out an advertising offer on behalf of a Client and containing such additional terms and conditions as the Client and nightdatingone.xyz, in their discretion, consider necessary from time to time. nightdatingone.xyz grants the Affiliate a limited, non-exclusive, non-transferable right to download Offers from the Program Site and to publish the same on the Affiliate's websites and in electronic mail correspondence sent by the Affiliate, all of which must be done in accordance with this Agreement, the nightdatingone.xyz Policies, as amended from time to time, and the additional terms and conditions affixed to each of the said Offers. The Affiliate agrees not to modify, alter, misrepresent or embellish the Offer or any part of the Offer including without limitation any text or images provided by or on behalf of nightdatingone.xyz or the Client in any way, directly or indirectly, without the express prior written consent of nightdatingone.xyz.
Representations and Warranties. The Affiliate represents and warrants that:
- it has the authority and capacity to enter into and to be bound by this Agreement;
- to the best of its knowledge, there are no existing, pending or threatened claims or actions pending against the Affiliate;
- none of the Affiliate's websites contain false or deceptive advertising or any machine readable code including without limitation any virus, Trojan horse, work or other self-executing program;
- it owns or has the legal right to use and distribute all content, copyrighted material, products, and services displayed on or through its website or websites and in its electronic mail; and
- it is not now a party to any agreement or business relationship which may conflict with this Agreement.
Covenants. The Affiliate covenants and agrees that:
- it will, at all times, comply with all laws applicable in the jurisdiction where the Affiliate is situated and also where the Affiliate directly or indirectly conducts its business or markets an Offer;
- it will not enter into any agreement or business relationship or otherwise incur any obligation which might, in the opinion of nightdatingone.xyz, conflict with this Agreement;
- it will, at all times, comply with the terms of this Agreement, and the nightdatingone.xyz Policies, as updated, amended and replaced by nightdatingone.xyz, from time to time, in its sole discretion;
- it will not, without the express written consent of nightdatingone.xyz use or permit any person for who it is in law responsible to use any third-party trade-names or trade-marks;
- it will not publish on any website or send in any electronic mail a universal resource locator or other link to any content or otherwise engage in or condone any practice, which, in the opinion of nightdatingone.xyz is deceitful, defamatory, libelous, abusive, violent, prejudicial, obscene, pornographic, likely to bring the reputation or standing of nightdatingone.xyz into disrepute, or which otherwise would be illegal;
- it will at all times comply with the terms and conditions of any agreement or policy established by an Offer in which the Affiliate elects to participate;
- it will at all times comply with the provisions of the CAN-SPAM Act of 2003, as amended or replaced, from time to time;
- it will not post any content relating to the Offer to any Usenet newsgroup, chat room, bulletin board or ‘blog' (save and excepting a chat room, bulletin board or blog which is operated or primarily owned by the Affiliate) without the express written consent of nightdatingone.xyz;
- it will be responsible for the development, operation and maintenance of its website or websites and electronic mail, including without limitation the technical operation thereof, the creation, publication and accuracy of any content published on any such website or websites or in any electronic mail;
- it will not attempt in any way to alter, modify, eliminate, conceal or otherwise render inoperable or ineffective any tags, source codes, links, pixels, modules or other data provided by or obtained from nightdatingone.xyz;
- it will not "frame" or "mirror" any part of any pages hosted by the Client unless expressly permitted by nightdatingone.xyz and the Client;
- it will not alter any website or electronic mail content provided by nightdatingone.xyz
- it will, at all times and from time to time provide nightdatingone.xyz with written confirmation of a valid address, telephone number, electronic mail address and such other identifying or financial information as nightdatingone.xyz may reasonably require.
Compensation. nightdatingone.xyz will pay to the Affiliate a commission (the "Commission"), calculated in accordance with the payment terms outlined in each Offer posted by nightdatingone.xyz on the Program Site. nightdatingone.xyz applies either monthly NET 15 or weekly NET 7 payment plans at its sole discretion, unless mutually agreed otherwise. Notwithstanding of the selected payment method (e.g. paypal, payoneer, webmoney etc.) the Affiliate shall provide nightdatingone.xyz with their actual bank details.
Commissions will be paid to the Affiliate only following receipt by nightdatingone.xyz of payment from the Client in respect of such Offer published in the Program online reporting system. nightdatingone.xyz may, in its sole discretion and from time to time, elect to advance to the Affiliate part or all of the Commissions prior to receipt of payment from the Client, but in no event will nightdatingone.xyz be obligated to do so
The Affiliate acknowledges and agrees that payment of Commissions may be delayed where the Affiliate has not provided nightdatingone.xyz with current particulars in accordance with paragraph 'Covenants' of this Agreement and that in no case will nightdatingone.xyz be liable to the Affiliate for any loss, costs or expenses directly or indirectly incurred by the Affiliate as the result of such delay
Minimum amount that can be paid to the Affiliate in a given billing period must exceed US$100.00 (One Hundred US Dollars). Payment in the amount less than US$100.00 is possible in case of termination of the Agreement mutually agreed by the parties or its cancelation that is not related to any breach of contractual provisions or applicable laws by the Affiliate
Commissions due and payable by nightdatingone.xyz to an Affiliate will not accrue interest
Payments to an Affiliate in accordance with this Section will be based upon the records kept by nightdatingone.xyz and reported in nightdatingone.xyz online reporting system and audited by the Clients, from time to time
Fraud. If nightdatingone.xyz determines, in its sole discretion, that the Affiliate or Sub-Affiliate has engaged in any activity that nightdatingone.xyz considers to be fraudulent or which might bring the reputation or standing of nightdatingone.xyz into disrepute either with the general public or with the Clients or potential Clients of nightdatingone.xyz, or otherwise that the Affiliate or Sub-Affiliate has engaged in activities which might be considered fraudulent, nightdatingone.xyz may but will not be obligated to (a) suspend or terminate the Affiliate's membership in the Program, without notice and (b) release to any third party, information relating to the identity and location of the Affiliate if required to do so in order to enforce these terms and conditions.
In the event of a suspension or termination, any Commission due and payable to the Affiliate in accordance with Section 'Compensation' at the time of suspension or termination will be deemed to be forfeited.
For the purposes of this Agreement, fraudulent activity includes but is in no way limited to:
Information Sharing. As a general rule, and other than in connection with the limited exceptions set forth below, we will not sell, share or rent your personally identifiable information to or with others. Notwithstanding the foregoing, we may, from time to time, provide such information to certain third-party administrative vendors for efficiency purposes in providing administrative or program management services in connection with your Account. Any third-party vendor so used has agreed to protect the confidentiality of information provided by us.
Data Retention. Subject to any mandatory obligations to delete data, your information may be retained by us and in our Third Party Agent portal, server logs, databases and records indefinitely.
Minors. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. We will never knowingly collect any personal information about individuals under eighteen (18) years of age. If we obtain actual knowledge that it we have collected personal information about an individual under eighteen (18) years of age, that information will be immediately deleted from its database.
Security. We endeavor to safeguard and protect our Account holders' information. When Account holders submit personally identifiable information to the Affiliate Network, their personally identifiable information is protected both online and offline. When our registration process asks registrants to submit Sensitive Information (such as bank account information and/or credit card information), and when we transmit such Sensitive Information, that Sensitive Information is encrypted and protected with SSL encryption software. While we use SSL encryption to protect Sensitive Information online, we protect all other user information online and offline. The Third Party Agent servers that we utilize to store personally identifiable information in are kept in a secure physical environment. The Third Party Agent has security measures in place to protect the loss, misuse and alteration of personally identifiable information stored on its servers.
Please be advised that, although we take every reasonable precaution available to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, we cannot warrant that your information will be absolutely secure. Any transmission of data at or through our Site is at your own risk. However, access to your personally identifiable information is strictly limited, and not accessible to the public. Only employees, and third party agents, that need the information to perform a specific job are granted access to personally identifiable information. Our employees are dedicated to ensuring the security and privacy of all user information. Employees not adhering to our written firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personally identifiable information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
You acknowledge that you provide your personally identifiable information to us with knowledgeable consent and at your own risk.
Deleting and Updating Your Information. If you would like to delete or update the personally identifiable information that we have collected from you, simply email us at: email@example.com.
We will process your request, where possible and subject to the terms and conditions contained herein, within a reasonable period of time after receipt. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.
Opting Out of Receiving E-mail. You may at any time choose to stop receiving emails containing general information regarding nightdatingone.xyz by following the instructions at the end of each such email or by contacting us at firstname.lastname@example.org. Should you be contacted by our Third Party Agent through email, you can follow the instructions at the end of each such email to stop receiving such emails. There may be a short delay of up to several business days while your request is being verified, deployed and processed across our servers. Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your Account, as well as to respond to any inquiry or request made by you.