This agreement describes the entire terms and conditions for participation in the Promoter/Organizer. The Promoter program is owned and operated by DatingVentures.com Inc. The parties to this agreement are DatingVentures.com Inc. ("DV", "we", "our") and you the Club Promoter or Event Organizer licensee (“Club Promoter”, “Event Organizer”, "Participant", "you", "yours").
Copyrighted information: You are solely responsible for ensuring that your logo and preamble text obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. DV will not be responsible if you use another party's copyrighted material in violation of the law. Hence, if such actions do happen, we have full rights to suspend or cancel your account with us.
Authority: Nothing in this agreement will serve to grant you any authority to act on our behalf. You will remain independent of us at all times. You are an independent contractor and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between us.
Sites Qualification: Sites may be rejected on the basis that it does not reflect DatingVentures.com's business principles. Your site application will be rejected for reasons such as if your site(s):
• Promotes violence;
• Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Promotes illegal activities;
• Violates intellectual property rights;
• Mislead others
• Operate or utilize a Web site or email link to Web sites that contain or promote any of these types of content: libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or that offer any illegal good or service, or link to a Web site(s) that do so and/or
• Engage in spamming, indiscriminate advertising or unsolicited commercial email
• Engage in cybersquatting or typosquatting
• For any other reason deemed to be reasonable by us.
We reserve the right to cancel your participation in the program at any time should your site(s) become involved in any way with the above subjects and/or, but not limited to, mass unsolicited emailings (i.e. spamming) or association with other sites whose content goes against our policies. Such cancellation shall result in the forfeiture of any materials posted.
Technical service interruption: DV will make every effort to keep our Web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The participant (club promoter/event organizer) agrees not to hold DV liable for any of the direct or indirect consequences of such interruptions.
Term of the Agreement: Unless ended earlier, this agreement will continue until either of us notifies the other by e-mail or written notice at the addresses provided that the agreement has ended.
The participant may receive commission fee payments on orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by DV, and shall end when canceled by either party as provided below.
Agreement modification: DV reserves the right to change any of the terms and conditions in this agreement, at any time and at its sole discretion, by posting a new agreement on our Web site.
Without limiting the generality of the foregoing, commission fee schedules, and all other provisions of this agreement are subject to change without notice other than posting such information on our Web site.
Disclaimer:
DV make no warranties, representations or conditions with regard to the program, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
Damages: DV shall have NO liability for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if DV has been advised of the possibility of such damages. Further, DV aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by DV to participant under this agreement.
Miscellaneous: This agreement may not be assigned, by operation of law or otherwise, without the prior written consent of DV. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. DV and the participant (club promoter/event organizer) are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.
This agreement shall be governed by the laws of the United States and the State of California without reference to its choice of law principles.
