|Note: If you signed up as an affiliate when we were known as the "Three Pillows Affiliate Program" then you DO NOT need to sign up again, now that we are called "Bi Bucks". You are a current affiliate and can promote Three Pillows, with your Three Pillows affiliate number. All that has changed with the start-up of BiBucks.com is the name of our affiliate program - our account with CCBill is the same as always.|
Independent Reseller Agreement
Microniche Enterprises is the incorparated name of the affiliate program BiBucks.com, owner and operator of the sites "Three Pillows" (ThreePillows.com) and Bisexual.com.
You must read and agree to these Terms and Conditions before you can become an Independent Reseller. By becoming an Independent Reseller of Microniche Enterprises (hereinafter "Sponsor"), you agree to be bound by these Terms and Conditions. This Agreement does not imply or create a partnership between you and SPONSOR.
1. “SPONSOR”: Microniche Enterprises (ThreePillows.com and Bisexual.com)
2. “Webmaster”, “my” and “I”: An independent person or entity wishing to promote the membership sites of SPONSOR.
3. “Independent Reseller”: An independent person or entity wishing to promote the membership sites of SPONSOR.
4. “Independent Contractor”: A Independent Reseller/Webmaster who is accepted by SPONSOR pursuant to the terms and conditions of this Agreement and who shall be considered wholly independent of SPONSOR for tax and liability purposes.
5. “Independent Reseller Agreement”: The agreement between Webmaster and SPONSOR, which shall not be construed or interpreted to create an agency, partnership, joint venture, respondent-superior, employer-employee or any other relationship other than defined in these Terms and Conditions.
Terms and Conditions
By clicking on the button, you are agreeing that you will follow the terms and conditions as an Independent Reseller.
I. Webmaster Warranties, Guarantees and Representations
Webmaster represents, warrants and guarantees as follows:
1. I am 18 years of age or over the age of majority in my jurisdiction and will submit proof of my age if requested.
2. I am entering this Independent Reseller Agreement as an Independent Contractor.
3. I am not a partner, agent, shareholder or in any business relationship with SPONSOR other than that of an Independent Contractor and will make no representations to any third party that contradict this fact.
4. I am solely responsible for selecting and providing any and all content, material, products, and/or services for my marketing efforts to promote the sites of SPONSOR.
5. Any sites I submit under this Independent Reseller Agreement are hosted by a hosting service that permits the publication of adult content of a sexual nature.
6. I have permission to link to any web sites owned by third parties that are not parties to this Agreement.
7. The content, images, design, URL/Domain, text and domains on my promotion pages do not infringe on the rights of others including, but not limited to, copyrights, patents, trademarks, domain names and any other intellectual property rights of others.
8. All individuals on my site for content that has not been provided by SPONSOR are the age of majority and I have verified and can supply all information required by federal law, to wit, 18 U.S.C. 2257.
9. I am not publishing any child pornography material.
10. I am not a resident or citizen of the following countries: Romania, Indonesia, Belarus, Russia, Turkey, Malaysia, Lebanon, Armenia, Ukraine, Pakistan or Afghanistan.
11. I am authorized to execute this agreement on behalf of Webmaster, if Webmaster is a business entity.
12. I am solely responsible for complying with all state, federal and international laws related, and any liability or claims of liability arising there from, to the publication, sale, distribution, advertising, dissemination and production of adult content that is displayed on the site(s) submitted under this Agreement.
13. I am solely responsible for the nature of the content that I provide on my site, excluding that provided by SPONSOR for marketing purposes, that such content is not considered obscene in the geographical areas in which my site is promoted and that I shall defend and indemnify SPONSOR against any and all criminal, civil or administrative claims arising from content on my site(s) as further defined in this Agreement.
14. I am not using, supplying, publishing or transferring, in any way, programs, files, data, viruses, worms, e-mail acquisition programs, “Trojan” viruses or any other monitoring or destruction program on the pages I use to promote the sites of SPONSOR or directly to members of SPONSOR.
15. I will not provide, attempt to provide or represent to third parties that I am a billing resource for SPONSOR.
16. I am solely responsible for obtaining hosting and creating my own site(s).
17. I will not post, share or transfer any Independent Reseller ID assigned to me under this Agreement.
18. I will not publish any material using SPONSOR or SPONSOR site names other than that approved by SPONSOR or provided in the linking code and marketing materials supplied by SPONSOR.
19. I will not infringe on the intellectual property rights of the SPONSOR by using one or more of the trademarked terms "threepillows" or Three Pillows" as keywords or search words at a paid search engine listing service, such as, but not limitted to Google Adwords®, Miva.com® or Yahoo® paid listing services.
II. SPONSOR Obligations
SPONSOR shall be responsible for the following:
1. SPONSOR shall have the sole and independent discretion to accept or reject Webmasters applying to become Independent Resellers of SPONSOR sites.
2. If accepted as an Independent Reseller, SPONSOR shall provide linking codes, marketing materials and online statistics to Independent Reseller.
3. SPONSOR shall grant Independent Reseller a limited-use license to use and display linking codes and marketing materials for SPONSOR sites. The limited-use license does not allow for any change, alteration, modification or other tampering with the code, links or graphics supplied by SPONSOR.
4. SPONSOR shall provide Independent Reseller with a commission for sales made through links provided to Independent Reseller upon acceptance to this program. Said commission shall be paid from time-to-time as indicated in the Webmaster area of Microniche Enterprises.
III. SPONSOR Rights
1. SPONSOR shall have the right, but not the obligation, to terminate any Independent Reseller without notice, at the sole and absolute discretion of SPONSOR for the following reasons:
a. By operation of law;
b. SPONSOR determines any site content used by Independent Reseller is obscene;
c. SPONSOR determines or receives a complaint that an Independent Reseller is infringing upon the intellectual property rights of a third party;
d. SPONSOR determines that Independent Reseller has not complied with these Terms and Conditions;
e. SPONSOR determines that Independent Reseller is spamming or undertaking other marketing efforts that are illegal or damage the brand name, reputation, goodwill or image of SPONSOR sites;
f. SPONSOR determines that Independent Reseller is abusing this program;
g. SPONSOR determines that Independent Reseller is representing itself as anything other than an Independent Contractor in relation to SPONSOR.
h. SPONSOR determines that Independent Reseller is, in any way, marketing, advertising or promoting adult material to minors;
i. SPONSOR determines that Independent Reseller is conducting itself in such a manner as to damage the brand name, reputation, goodwill or image of SPONSOR and SPONSOR sites.
j. SPONSOR determines that an Independent Reseller is infringing upon the intellectual property rights of the SPONSOR by using one or more of the trademarked terms "threepillows" or Three Pillows" as keywords or search words at a paid search engine listing service, such as, but not limitted to Google Adwords®, Miva.com® or Yahoo® paid listing services;
SPONSOR and Webmaster/Independent Reseller jointly agree as follows:
1. Nature of Relationship: Independent Reseller is solely and only an independent contractor of SPONSOR. NOTHING IN THIS INDEPENDENT RESELLER AGREEMENT SHALL CONSTITUTE, BE INTERPRETED TO CONSTITUTE OR DETERMINED TO COMPRISE A PARTNERSHIP, JOINT VENTURE, AGENCY, RESPONDENT-SUPERIOR, EMPLOYER-EMPLOYEE, OR BROKER-DEALER RELATIONSHIP BETWEEN SPONSOR AND INDEPENDENT RESELLER.
2. Termination: Either party may terminate this Independent Reseller Agreement at any time without notice. Should SPONSOR determine in its sole and absolute discretion that Independent Reseller has violated this Independent Reseller Agreement, all commissions then due to Independent Reseller shall be forfeited.
3. Waiver: Failure of SPONSOR to require compliance with the terms of this contract or act upon perceived breaches by Independent Reseller, does not constitute a waiver of the rights, claims and remedies available to SPONSOR.
4. Limitation of Liability: The parties agree that neither of them shall be responsible to the other for compensatory, special, incidental or punitive damages of any kind including, but not limited to, loss of business, loss of business value, and loss profits. The parties to this Agreement recognize the risk allocation associated with the adult Internet industry and having evaluated the risk of said industry, specifically agree to this clause. Said clause shall not be considered adhesive or punitive as Independent Reseller acknowledges that there are many sponsor sites offering commission opportunities on the Internet and that Independent Reseller has a choice as to the sponsor chosen.
5. Hold Harmless: Independent Reseller shall indemnify and defend SPONSOR for any claims arising from a site of Independent Reseller unless SPONSOR is claimed to have acted intentionally or with gross negligence.
6. Governing law and choice of forum: This Agreement, and any dispute arising from the relationship between the parties to this Agreement, will be governed and determined by the laws of Calgary, Alberta, Canada, excluding any laws that direct the application of another jurisdiction’s law. Any dispute that arises under or relates to this Agreement (whether contract, tort, or both) will be resolved in the relevant court having jurisdiction in Calgary, Alberta, Canada, and the parties expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere.
7. Severability: Any provision of this Agreement that in any way contravenes the law of any state or country in which this Agreement is effective will, in that state or country, to the extent the law is contravened, be considered separable and inapplicable and will not affect any other provision or provisions of this Agreement.
8. Contact: Any and all questions regarding these Terms and Conditions should be submitted to: http://www.bibucks.com/feedback.htm.
9. Acceptance of Terms and Conditions: Webmaster/Independent Reseller hereby acknowledges that you have read this entire Independent Reseller Agreement and that by clicking the “I AGREE TO THESE TERMS AND CONDITIONS” button, you are providing your electronic signature agreeing to the terms and conditions stated herein.