| 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.
Definitions
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.
I AM EIGHTEEN YEARS OF AGE OR OLDER, AND I AGREE TO THESE TERMS AND CONDITIONS
I AM NOT EIGHTEEN YEARS OF AGE OR OLDER, AND/OR I DO NOT AGREE TO THE TERMS AND CONDITIONS