AFFILIATE AGREEMENT and TERMS OF USE

This Affiliate Agreement (the "Agreement") is made between DATING TO RELATING, INC., a Delaware Corporation (hereinafter "we", "us", or "our") and the undersigned participant/applicant (hereinafter "you") in the DatingToRelating.com Affiliate Program (the Program). If you would like to participate in the Program, you must agree to these Terms.

1. License. We hereby grant to you a revocable, nonexclusive, nontransferable license to display a Link(s) to the DatingToRelating.com Site on the website owned or operated by you ("Your Site").

All materials within the DatingToRelating.com Site, including data, text, and graphics, are copyrighted works and may not be reproduced or changed. All trademarks, service marks, trade names and logos (collectively, the "Marks") are either registered or unregistered marks. No Marks may be copied or used without our prior written consent. We reserve all of our rights in the Marks.

2. Order Processing. We shall have the sole right and responsibility for processing all orders made by customers ("Customer") who follow the Link from Your Site to the DatingToRelating.com Site. Customers will be deemed to be our customers, subject to our rules and policies.

3. Commissions. We agree to pay you the commission specified in the Commission Schedule below on Product or Service sales to a Customer if that Customer has accessed the DatingToRelating.com Site and purchased a Product or Service from us within one year of being referred to our site by you.

4. Commission Schedule. The commission schedule is as follows:

Direct referrals: 10% of  the fee earned by DATING TO RELATING, INC..

Affiliate referrals: 10% of the affiliate commission (1% of the fee earned by DATING TO RELATING, INC..)

5. Termination. Either party may terminate this Agreement at any time, for any reason, by giving the other party written notice of termination.

6. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF THIS AGREEMENT (OTHER THAN FOR PAYMENT OF COMMISSIONS) EXCEED THE AMOUNT OF COMMISSIONS PAID TO YOU FOR THE 2 MONTHS PRIOR TO THE CONDUCT GIVING RISE TO YOUR CLAIM.
DATING TO RELATING, INC. shall make every effort to establish any referrals closed by traffic generated by Ads and Banner click throughs from your site, however, in some cases this may be impossible. IN NO EVENT SHALL WE BE LIABLE FOR COMMISSIONS THAT CAN NO BE ESTABLISHED BY OUR AFFILIATE TRACKING SOFTWARE AND SERVER LOGS.

If you have any concern about your leads being tracked please register your leads (name address, phone number and email ) on our website for your maximum protection and sales tracking.

7. Compliance with Laws. You agree to comply with all laws, ordinances, rules, and regulations of any governmental authority that has jurisdiction over you, including, but not limited to, complying with all applicable laws (federal, state or otherwise) that govern marketing email (the CAN-SPAM Act of 2003 and all other anti-spam laws.)

8. Disclaimers. We make no express or implied warranties or representations with respect to the Program or any of the Products sold through the Program, or that the operation of the DatingToRelating.com Site will be uninterrupted or error-free.

9. Representations. You represent and warrant as follows:
(i) that you have the authority to enter into this Agreement and sufficient rights to grant any licenses granted hereby. You further represent and warrant that Your Site contains no material that infringes on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy or that violates any applicable law, statute, ordinances, or regulation.
(ii) Your Site contains no material that is defamatory or libelous; that is lewd, pornographic or obscene; that violates any laws regarding unfair competition, anti-discrimination or false advertising; or that promotes violence or contains hate speech.
(iii) that you are not a reseller of any products offered on DatingToRelating.com Site.

10. Indemnification. You hereby agree to indemnify, defend and hold harmless us and our affiliates, directors, officers, shareholders, employees, representatives, and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) brought by a third party, arising out of a breach, or alleged breach, of any of your representations or obligations herein, and any noncompliance by you with any covenants, agreements or undertakings contained in this Agreement.

 11. Miscellaneous. 

• You place our merchants banners anywhere on your site as you see fit, or within non-spam emails.
• We may email you concerning new merchant programs
• We might change the service here and there
• Adult, Hate, or other related sites are not allowed
• You will be paid your commissions, at such time as your account balance is $50 or more.
• All statistics are collected and calculated by DATING TO RELATING, INC., and will be the only valid statistics used for determining commissions.
• You won't hold us liable for anything, a link to a non-DATING TO RELATING, INC. Web site does not mean that DATING TO RELATING, INC. endorses or accepts any responsibility for the content or the use of such Web site.
• You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.
• You may place banners or links within your newsletters, in content of your website, or within other web related content.
• Affiliate accounts that are left inactive will be removed from our system. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true - the account will remain in an active state.
• NOT ALLOWED: Any display of a merchant window that isn't the result of a direct click by the end-user.
• Failure to abide by these rules could mean termination from a given merchant program, or from DATING TO RELATING, INC. completely with a complete forfeit of commissions.

12. General.

This Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce this Agreement shall be brought in the federal or state courts located in Wilmington, Delaware.

We reserve the right in our sole discretion to modify this Agreement at any time by making changes to this agreement on this page. We reserve the right to change the price of our products at any time without notice.

This Agreement constitutes the entire agreement between the parties and supersedes all oral or written agreements and understandings made and entered into by the parties before the date hereof.

You may not assign this Agreement in whole or in part without our prior written consent, and any purported assignment in violation of this provision shall be null and void. Subject to the foregoing limitation, this Agreement is binding on and shall inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors, and assigns.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

This Agreement shall not be construed or deemed to create any partnership, joint venture, agency, franchise, or other form of agreement or relationship than as expressly set forth herein.

BY SUBMITTING LEADS OR REFERRALS TO US YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.