AFFILIATE PROGRAM - TERMS OF USAGE



Under comercial trademark "Porn Site Manager", Studio Presse company distributes adult online services and offers a partnership with website operators (Partners), with a view to promote their activities. The headquarters are located at the following address: Paris, BP6444, 75064 Paris cedex 02, France. Registration number RCS Paris B434996419. VAT number FR60434996419

THE PARTNER operates an internet website which deals with a traffic interested in gay adult services and wishes to promote the company’s VOD sites on his own website or on social media via links or advertising banners.


ARTICLE 1- OBJECT

The following agreement has for purpose to describe and detail the conditions in which the Partner commits to promote the Company’s VOD sites on his own website via links, advertisement banners or promotional sites


ARTICLE 2- COMPANY’S OBLIGATION

2.1. The company agrees to transfer the payouts to the rate agreed in Article 4 as well as all applicable taxes.
2.2 The company agrees to giving access to the Partner to the revenue figures in the format of online statistics
2.3 Furthermore, the Partner and the Company can finalise additional agreement for further services which will be added in the form of a contract amendment (appendix).


ARTICLE 3 - PARTNER’S OBLIGATION:

3.1 The agreement can only be signed by a partner over the age of legal majority. The Partner must be able to provide a valid Tax or Corporate Certificate
3.2 THE PARTNER is the sole responsible for the content of its website and any damage and liability caused by its usage or exposure.
3.3 THE PARTNER is not allowed to spam (email, newsgroups) to generate revenue.
3.4. THE PARTNER agrees, under his sole responsibility, to manage, update, develop and modify the content of its website.
3.5. THE PARTNER agrees to follow Internet etiquette when promoting the Company’s services. Failure to do so will result to immediate termination of the agreement and without compensation.
3.6. THE PARTNER shall not mislead the customers regarding the pricing of the Company’s services. Any breach will result in immediate contract termination and without compensation.
3.7. THE PARTNER agrees to promote the Company’s services on a website which follows the legislation of the country in which it operates


ARTICLE 4 - REMUNERATION BASE

4.1. The standard pay out commission rate inclusive of VAT on VOD is 25% for an user member of the European Union. The pay out rate is 30% for a user outside of the European Union.The commission pay out rate and duration of contract is subject to changes following renegotiation between the Company and the Partner.
4.2. The statistics related to the website visiting figures and purchases linked to the Partner’s account are presented on the affiliate reporting tool.
4.3. In the event of a change in the applicable tax rate during the terms of the agreement, the new tax rate must be applied and the payable commissions adjusted accordingly.
4.4. Terms and Conditions of payment. The payment to the Partner will be made by transfer within 30 days of the end of month.
4.5. The PARTNER has 12 months to invoice its commission. Any commission that is not invoiced within 12 months, from the last day of the month having generated the gain, is irrevocably lost.


ARTICLE 5 - CONTENT OF THE PARTNER’S SITE:

5.1. THE PARTNER declares and guaranties that the content, materials and services accessible on its website are not in violation of a third party’s intellectual property rights. THE PARTNER declares and guaranties that the content, material and services are not infringing any legal terms and regulations applicable in its own country.
5.2. THE COMPANY reserves the right to, without notice, suspend or terminate this agreement if it finds any content, material and service accessible on the PARTNER’s site, to be in violation with Article 5. Furthermore THE COMPANY reserves the right to terminate, without notice, the agreement is the initial object of the PARTNER’s site content has been substantially modified without THE COMPANY’s prior authorisation.


ARTICLE 6 - SECURITY AND CONFIDENTIALITY:

6.1. THE PARTNER is liable for any data loss and for any illegal access to the data hosted on his systems and website
6.2. THE PARTNER agrees to respect the upmost level of confidentiality and to not reveal any document or information communicated by the COMPANY regard the present contract.


ARTICLE 7 - RELATIONSHIP BETWEEN PARTIES:

The PARTIES are independent from each other. The present agreement ties both parties within the limits of its content. This agreement cannot be interpreted in any way as an association or creation of a company/entity, giving any kind of mandate towards one another. The present agreement has no other purpose but to define the PARTIES’ obligations in regards to the law and each other.


ARTICLE 8 - INTELLECTUAL PROPRIETARY RIGHTS:

Any INTELLECTUAL PROPRIETARY RIGHTS and technical solutions related to the use of the graphics provided by the COMPANY, or any other rights and solutions offered by the COMPANY within the present agreement shall not be used for any other purposes.


ARTICLE 9 - CONTRACT DURATION:

9.1. The agreement covers an initial period of a year . The agreement will be tacitly renewed unless otherwise stated by registered post at least two months before its anniversary date.
9.2. Any amendment to the agreement will be reported into an an appendix.


ARTICLE 10 - EARLY CONTRACT TERMINATION:

10.1. In the case of a breach of the present agreement by one of the parties, the other party will demand by registered post and acknowledgement of receipt, to perform an act or desist from an act. If the demand remains unsuccessful after 15 days of receipt of the notification by post, the party will have the right to terminate the agreement without further notice and with immediate effect.
10.02. The termination of this agreement will not cease the obligation from the parties in regards of confidentiality, intellectual proprietary rights, limitations of warranty and liability. These rights and obligations shall survive the termination of this agreement.


ARTICLE 11 - MISCELLANEOUS

11.1. Force Majeure. No party shall be considered in default in the performance of the obligations due to an event considered force majeure. Force majeure is an external element, unpredictable, irresistible and making it impossible to execute an obligation.
11.2. The COMPANY reserves the right to assign, transfer our bring to a party the rights and obligations brought up by the present agreement.
11.3. Any dispute concerning the construction, the interpretation or performance of the present agreement shall be subject to the jurisdiction of the Tribunal de Commerce de Paris.




TERMS OF USAGE FOR CONTENT PRODUCERS



Terms of usage of the platform relating to the exploitation of videos or the creation and the exploitation of dedicated sites are determined in a Contract which is not yet accessible on line. For more details contact us by mail.
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