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Affiliate Agreement

This new version of the Agreement is effective as of November 5, 2014 for new Affiliates. By using any of the affiliate tools or by promoting advertisers' web sites, you are representing and warranting that you understand and agree to this new version of the Agreement. For existing Affiliates, this new version takes effect on November 5, 2014 as stated in the section entitled "Amendment" of this Agreement.

  1. 1. Eligibility

    To become an affiliate of Elena's Models, you cannot be a dating site or competitor. You must submit a complete Program application via our site. Upon submission of your application, you will be able to login to the affiliate interface and receive your Unique Affiliate Code, and start promoting Elena's Models. We may reject your application if we decide (at our sole discretion) that your site is unsuitable for the Program. All information submitted by Affiliate to the Company must be truthful and accurate. Failure to provide same may result in immediate termination of Affiliate’s participation in the Program.

    To be eligible you acknowledge that the purpose and character of the use of your website(s). Is commercial in nature, not a dating website either free or paid and is not in any way a competitor to Elena’s Models and not for non-profit education purposes,

    Below is a list of information that you must provide that is truthful and of absolute fact and that you can be personally contacted to confirm the details at any time

    • Your personal full name
    • Your personal residential address
    • Your website(s) that will be part of the affiliate program
    • Your mobile phone number
    • Your business contact number

    Below is incomplete list of the sites that are deemed to be unsuitable for the Program:

    • Promote violence;
    • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
    • Promote illegal activities;
    • Attempt to copy and/or assume the creative or business identity of Elena's Models in any manner; and/or,
    • Not to install links or banners or any material relating to Elena’s Models on Porn sites or directing leads from porn sites to Elena’s Models
    • You cannot be a website competing in the market known to Elena’s Models (Russian/Ukraine online dating) or owner, partner, employee or service vendor to a competing website.
    • Otherwise violate intellectual property rights.

    You should also note that if we accept your application and at a later stage check any details and they are not correct, false or misleading or a violation of the terms of this Agreement by an Affiliate is proven, premeditated and/or systematic, Company has the right to delete an Affiliate account and terminate this Agreement at any time, without payment of any commission to the Affiliate.

  2. 2. Ownership of Customer

    Affiliate Customers who open an account and buy memberships and products at Elena’s Models will be deemed to be customers of Elena’s Models Ltd. Accordingly, all Great media Limited rules, policies, and operating procedures concerning customer orders will apply to those Affiliate Customers. Company may change our policies and operating procedures at any time

  3. 3. Links on Your Site

    Once you have submitted your application, you may login to the affiliate interface with the login and password you selected during the application, and receive your unique affiliate code. You can provide on your site one or more of the various links to our site that will be made available to you through the affiliate interface. Elena's Models will occasionally change the appearance and type of links made available to Affiliates. Elena's Models may change the appearance of these links and may make changes to their appearance at any time without your prior consent or notification.

    To permit accurate tracking and reporting, we will provide you with a unique affiliate code to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such affiliate link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such affiliate link formats are referred to as "affiliate links". You will only earn referral fees with respect to activity on our site occurring directly through affiliate links. We will not be liable to you with respect to any failure by you to use affiliate links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. If you place any links on competitive or what is a dating website that procures or allows people to register a profile for the purpose of contact ,dating, networking your links violates your eligibility for any payments

  4. 4. Referral Fees

    We will pay you (in accordance with Sections 4 and 5 below) referral fees for sending Elena's Models eligible paying members. The current size of first-tier referrals fees is 25% and second-tier referral fees is 5% from Elena's Models' net income from the purchase. For a product sale to be eligible to earn a referral fee, the customer must follow an affiliate link from your website to our Site, register as a member and make a purchase through the website.

  5. 5. Tax

    The payment rate used for calculating compensation paid to you is inclusive of any and all taxes owed by you. You are responsible for any taxes that may be due on the services provided by you. In no cases will any additional compensation be paid to you for taxes.

  6. 6. Eligible Referrals

    To be eligible for a referral fee, you or your second-tier affiliates shall refer to us at least three paying members from three different states or countries. If you (or your second-tier affiliates) refer to us less than three paying members, or if the paying members do not represent three different states or countries, your referral fees shall not be paid until your sales will meet this eligibility requirement. This eligibility requirement is for the new affiliate accounts only; once you have met this requirement, all your following referrals will be eligible for a referral fee. Your own personal purchases are not eligible for affiliate commissions.

    Any referrals that breach any part of this agreement will be agreed by you the affiliate as not eligible and no payment past or present will be paid by Elena’s Models or will Elena’s Models be liable for any referrals financially. You agree that by electronically accepting this agreement as the affiliate you are solely responsible for your website, organisation of your website, use of links and that Elena’s Models does not need to advise you of any breach of this agreement for eligible referrals as and when it happens. You agree that Elena’s Models cannot monitor in detail your website and does not have access to its design and structure therefore you will be solely responsible for the compliance of the agreement on your website and your activities on your website.

  7. 7. Referral Fee Payment

    Referral fees are paid in US Dollars. Your referral fee will be paid to you once a month by PayPal or direct deposit to your bank account, as determined by Elena's Models, once your earnings exceed US$100. Approximately 45 days following the end of each calendar month, we will send you a payment for the referral fees earned on your referrals of eligible paying members to Elena's Models. You shall remit and be responsible for the taxes as required by law. A transfer fee of $25 applies to all direct deposit payments for payments under $1,000. You may raise your payment limit to $1,000 to avoid the transfer fee.

  8. 8. Non-Payment, Withholding, Reversal Refunds and Chargebacks

    Notwithstanding anything to the contrary herein, Elena’s models shall have no duty to pay you for what would otherwise be Qualifying Transactions during any current or previous month when you were in breach of this Agreement.

    Elena’s models reserves the right to withhold your compensation for any and all previous months and compensation that you are accruing if Elena’s models, in its sole discretion, has reason to believe that you or your have breached this Agreement or have engaged in potentially fraudulent activities.

    Elena’s models may apply a debit to your account in an amount equal to a payment previously made to you or a compensation that has been credited to your account, but has not been paid out yet, if Elena’s models determines, in its sole discretion, that there has been (i) duplicate entry or other clear error; (ii) non-bona fide transactions or other fraudulent activity; (iii) breach of, or other failure to complete or reversal of the Qualifying Transaction; or (iv) used Elena’s Models trademarks without written express permission in urls, page titles, meta tags and keywords (v)failure to comply with any terms of this Agreement. Elena’s models may apply a chargeback to your account at any time, including previous payment cycles.

  9. 9. Limited License

    We grant you a non-exclusive, revocable right to use the graphic images and texts provided for Affiliates on the Affiliates Web Site and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the graphic image or text, or any other of our images, in any way. You may create your own images to promote the Program. We reserve all of our rights in the graphic images and texts, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.

    This licence does not allow you to use the Elena’s Models brand in any advertising unless it is part of the images or graphics solely provided by the affiliate website links. Our trade mark can only be used by express written permission. Any incorrect or abusive use of our trademark without express written permission can lead to the revoking of your non-exclusive licence immediately via written notice and any commission to be withheld.

    When asked, you immediately and permanently cease and desist using any of Elena’s Models trademarks and service marks in any manner, including but not limited to, in Internet domain names or URLs , specifically, any term before the third "/" of your URL ,website source code, meta tags, visual or hidden web site text, or in any other manner

  10. 10. Advertiser Trademarks

    You will not adopt or use the Elena’s Models names, trademarks, trade names, brands, domain names or URLs (specifically, any term before the third "/" of your URL) or any variations thereof as your own company name, trademark, trade names, brand, , domain name or URL

    Affiliates are not permitted to advertise in search advertising using keywords specific to Elena’s Models, Elenasmodels.com, ElenasModels reviews, Elenas Models scam’s, eleansmodels blog and variations in terms of punctuation, spelling, the addition of words and/or the addition the addition of top-level domains.

    Affiliates are not permitted to use the following words as meta tags, keywords, hidden text, texts for advertising materials or other terms: Elena’s Models, Elenasmodels.com, ElenasModels reviews, Elenas Models scam’s, eleansmodels blog

    Affiliates are not permitted to use words as meta tags, keywords, hidden text, texts for advertising materials or other terms of any other company with a registered trademark other than a trade mark owned by the affiliate in any page of your website that is promoting Elena’s Models.

  11. 11. Restriction and Prohibited use URL’s/Keywords/ Domain names

    You will not adopt or use in page titles, nor buy or otherwise book as a keyword for paid search, any company name, any trademark, trade name., brand, domain name, or URL (specifically, any term before the third "/" of your URL) that incorporates as a part thereof or in full any of Elena’s models trademarks, domain names ,or url including the translations and transliterations, or any variations thereof; or (b) any term that consists of a generic or descriptive word, followed by the terms Elena’s and/or Models

    You are not allowed the activity of pointing traffic from search engine results directly into a page of the Elena’s Models Site or a page of any Web site that is co-branded with Elena’s Models, including Web sites that consist of the Elena’s Models Site framed by a differently-branded header and/or footer.

  12. 12. Restriction on promotional means

    You are prohibited from using any means that in any way deceit or confuse the Internet user. Below is the incomplete list of methods that are prohibited to use in promoting the Program:

    • Unwelcome email (spam);
    • Cross-posting;
    • Mousetraps;
    • Re-spawning windows.
    • Use of Elena’s Models trade mark without written permission.
    • Contain content which is defamatory, misleading, libellous, hateful or unlawfully threatening, abusive or harassing
    • Include any of Elena’s Models trademarks or service marks, or variations or misspellings thereof, in Your domain names
    • You shall not employ any mechanical means to pull content from Elena’s Models website Site, including, but not limited to, programmatic crawling, downloading, viewing, or scraping;
    • You may not send out any email containing Elena’s Models name or branding or any other Elena’s Models Intellectual Property
    • Use any affiliate link, trademark of Elena’s Models in any website that is a competitor or allows registration of profiles for dating and networking

    Any Affiliate account using those and other deceitful techniques, determined at the sole discretion of Elena's Models will be suspended without notice and all the payment withheld.

  13. 13. Compliance, Monitoring and Remedies

    Right to Monitor and Audit. You agree that Elena’s models, and Great Media Limited and their service providers may monitor or audit your sites or activities, in relation to your participation in the affiliate Program. You will not seek to block or otherwise interfere with the monitoring, and Elena’s models and Great media Limited, and their service providers may use technical means to overcome any methods you may use to block or interfere with such monitoring. To the extent not prohibited by applicable law, audits may include requests for documents and server logs, requests for information and visits to your facilities. Your failure to reasonably comply with Elena’s models’ efforts to audit your compliance with this Agreement shall constitute a material breach of this Agreement. If applicable law does not allow you to share server logs with Elena’s models, you will provide Elena’s models with other proper proof of traffic that you sent to Participating Sites.

  14. 14. Responsibility of Affiliates

    You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. Without limiting the foregoing, you will be solely responsible for:

    • The technical operation of your site and all related equipment.
    • The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials).
    • Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights).
    • Ensuring that materials posted on your site are not libellous or otherwise illegal. We disclaim all liability for these matters and you acknowledge your responsibility for such matters.
    • Posting on your website disparaging articles, comments or editorials by you or any visitor to your website which has no verifiable fact or evidence verified it is true and correct and which leads to a reduction in sales of Elena’s Models or discourages people from accessing the Elena’s Models website the offending opinion, statement or comment will be immediately removed at the request of Elena’s Models.

    Affiliates using those and other deceitful techniques, determined at the sole discretion of Elena's Models will be suspended without notice and all the payment withheld and will remain unpaid.

  15. 15. Term of the Agreement

    The term of this Agreement will begin upon your submission of your Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, for any reason, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, such cancellation will be effective 3 days after such notice you will immediately cease use of, and remove from your site, all links to our site, and all Elena's Models trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. We may withhold your final payment in a case of the breach of this Agreement.

    Affiliates should know that Elena’s Models intends to terminate any Participant that generates $0 in Commission Fees during any consecutive 90-day period

  16. 16. Amendment

    Elena’s models may amend this Agreement at any time and at our sole discretion by notifying you by email to the address on your account, as shown by Elena’s models’ records. You may review a revised Agreement for up to seven days after Elena’s models sends this notice. After seven days, the revised Agreement will automatically take effect and become fully enforceable. If you do not agree with the revised Agreement, you will remove yourself from the affiliate program through your account, and immediately remove and stop promoting any links, all Elena's Models' trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.. Amendments may include, for example, changes in the size of available referral fees, referral fee schedules, payment procedures, and Program rules.

  17. 17. Relationship of Parties

    You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

    Elena's Models may cite your name or URL in connection with your participation in the program in materials including but not limited to postings on our site, newsletters, advertisements, and other communications.

  18. 18. Limitation of Liability

    Elena's Models will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

  19. 19. Choice of Law/Attorneys' Fees

    This entire Agreement, Program Terms and Restrictions are governed by the laws of Hong Kong. The exclusive forum for any actions related to this Agreement and the Program Terms and restrictions shall be in the exclusive jurisdiction Hong Kong. The parties consent to such venue and jurisdiction and waive any right to a trial by jury. You irrevocably consent to the jurisdiction in the courts of Hong Kong. The application of the United Nations Convention on the International Sale of Goods is expressly excluded. You expressly waive and withdraw your rights under any law or statute conferring jurisdiction on the basis of nationality to courts other than the ones expressly designated above.

  20. 20. Language

    You accept that English is the language of this Agreement, and the Program Terms and the English versions of this Agreement, and the Program Terms shall be controlling in all respects.

  21. 21. Acknowledgment by You (the affiliate)

    That You have full authority to enter into this Agreement and that You have reached the age of majority under the laws of the state or locality where You reside and/or do business

    You acknowledge that the purpose and character of the use of your website(s) for participating in the affiliate program is commercial in nature, rather than for non-profit education purposes and it is not incidental when comparing one competitor to another on your website(s).

    You acknowledge and agree that your participating affiliate website(s) must warrant and assert a statement of verifiable fact, and not labelled as "opinion." This can be disparaging which is injurious to the reputation of Elena’s Models

    By participating in the affiliate program you agree not to engage in any conduct or any activity that is injurious to the reputation of Elena’s Models and/or its affiliates, officers and directors or making or causing to be made any statement that is critical of or otherwise maligns the business reputation of Elena’s Models and/or its affiliates, officers and directors.

    You acknowledge that disparaging opinion, visitor postings on your site approved and modified by you that are not verifiable facts will cause Elena’s Models to incur substantial economic damages and losses of types and in amounts which are impossible to calculate and ascertain with certainty as a basis for recovery by Elena’s Models the actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate.

    You, in the event of each disparaging opinion, statement or comment causing injury and loss and without Elena’s Models being required to present any evidence of the amount or character of actual damages sustained; You shall be liable to Elena’s Models for payment of those liquidated damages.

  22. 22. Acceptance of Agreement Electronic Signature

    This Agreement is an electronic contract that sets out the legally binding terms of your use of the Integrations and your participation in the Affiliate Program. You indicate your acceptance to the terms and conditions contained or referenced herein by clicking on the "submit" button at the end of the affiliate application form. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

  23. 23. Disclaimer

    We make no express or implied warranties or representations with respect to the Program or any services provided through the Site (including, without limitation, warranties of usability, accuracy, timeliness, or fitness for a particular purpose). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

  24. 24. Confidentiality

    We may disclose and provide you with information from time to time via email including access to your online account. All of this information is to be assumed confidential (herein referred to as “Confidential Information”) All information provided to you including but not limited to sales data, your account information, customer sales information and any other accessible information on the website via your account You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by You for Your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process.

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