Affiliate terms of service agreement

PLEASE READ THE ENTIRE AGREEMENT.

YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND YOU UNDERSTAND THE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

1. Overview

This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in my website’s Affiliate Program. Please note that throughout this Agreement, “I,” “me,” and “my” refer to Mistresskym.com, and “you,” “your,” and “yours” refer to the affiliate.

2. Affiliate Obligations

2.1. Affiliate Program content

To begin the enrollment process, you will complete and submit the online application. The fact that the application is auto-approved does not imply that I may not re-evaluate your application at a later time. I may reject your application at my sole discretion. I may cancel your application if I determine that your site is unsuitable for my Affiliate Program, including if it:

Promotes illegal activities
Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
Includes “Mistress Kym” or variations or misspellings thereof in its domain name
Is otherwise in any way unlawful, harmful, threatening, defamatory, harassing, or racially, ethnically or otherwise objectionable to me in my sole discretion
Contains software downloads that potentially enable diversions of commission from other affiliates in our program
You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles my website, nor design your website in a manner which leads customers to believe you are Mistresskym.com or any other affiliated business

2.2. Affiliate account

As a member of Mistresskym.com’s Adult Affiliate Program, you will have access to an Affiliate Account. Here you will be able to review your data and track your results. In order for us to accurately keep track of all guest visits from your site to mine, you must use the affiliate link I provide you with.

2.3. Terms to become an affiliate

You must be of legal age (18 years or older) to be part of this Program
You are responsible for maintaining the security of your account and password. Mistress Kym cannot and will not be liable for any loss or damage from your failure to comply with this security obligation
You are responsible for all content posted and activity that occurs under your account
One person or legal entity may not maintain more than one account

You may not use the Affiliate Program for any illegal unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

2.4. Your website

The maintenance and updating of your website will be your responsibility even if I may monitor your site. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. Mistresskym.com will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.

2.5. Your application

This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder. By signing up to be an affiliate in Mistress Kym’s Affiliate Program you are agreeing to be bound by the following terms and conditions.

3. Mistresskym.com Rights and Obligations

3.1. Monitor your website

I have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. I may notify you of any changes to your site that I feel should be made, or to make sure that your links to my website are appropriate.

3.2. Terminate your participation

Mistresskym.com reserves the right to terminate this Agreement and your participation in the Affiliate Program immediately and without notice to you should you commit fraud in your use of my Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Mistresskym.com shall not be liable to you for any commissions for such fraudulent sales. Upon termination, you will no longer have the right to access the Affiliate Program area.

4. Termination

Either you or I may end this Agreement AT ANY TIME, with or without cause. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

Mistresskym.com reserves the right to discontinue, suspend or alter this Affiliate Program at any time at our sole discretion without notice or explanation; in this case, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of the program.

5. Modification

I may modify any of the terms and conditions in this Agreement at any time at my sole discretion without notice. Modifications may include, but are not limited to, changes in the payment procedures, affiliate percentage, payment method, payment timing, etc., and Mistresskym.com’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Mistresskym.com’s Affiliate Program following the posting of the change notice or new Agreement on my website will indicate your agreement to the changes.

6. Payment

Mistresskym.com uses a third party to handle all of the tracking and payment. Kindly review the network’s payment terms and conditions.

Payments will be done as soon as you reach the minimum balance required.

Mistresskym.com will pay commissions on links that are automatically tracked and reported by its systems (click-through a Special Link from your site, email, or other communications to my websites and purchase a subscription during that session). And, I will disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

7. Access to Affiliate Account Interface

You will create a password so that you may enter the affiliate account interface. From there you will be able to check your details and track results.

8. Disclaimer

MISTRESSKYM.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING MISTRESSKYM.COM SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF MISTRESSKYM.COM ABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, MISTRESSKYM.COM MAKES NO REPRESENTATION THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

9. Representations and Warranties

You represent and warrant that:

This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
You have sufficient right, title, and interest in and to the rights granted to me in this Agreement.

10. Limitations of Liability

Mistresskym.com shall not be liable for any direct, indirect, incidental, special, or consequential damage of any kind whatsoever (including, without limitation, attorneys’ fees and lost profits or savings) in any way due to, resulting from, or arising in connection with this Website, including its content and any content accessed through this Website, regardless of any negligence.

You accept that I have an interest in limiting the personal liability of my Website and, having regard to that interest, you acknowledge that Mistresskym.com is a limited liability entity; you agree that you will not bring any claim personally against my Website in respect of any losses you suffer in connection with these Terms and conditions.

11. Indemnification

You hereby agree to indemnify and hold harmless Mistresskym.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) insofar as such losses arise out of or are based on (i) any claim that my use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to Mistresskym.com.

12. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the local laws, and you submit to the non-exclusive jurisdiction of the courts for the resolution of any disputes.

My failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms, together with the website Terms of Service, Privacy Policy and the GDPR Addendum constitute the entire agreement regarding Mistresskym.com service, and supersede and replace any prior agreements we might have between us regarding the service.

13. Assignment

Mistresskym.com is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

14. Intellectual Property Rights

I own and control all the copyright and other intellectual property rights and the material on my Website: trademarks, logos, service marks, and trade dress.

All the copyright, other intellectual property rights and the material on my Website are expressly reserved.

You may not use any meta tags or any other “hidden text” utilizing Mistress Kym’s name or trademarks without my express written consent in each instance.

Last update: January, 2020