Thank you for considering Alternative Lifestyle Systems’ Affiliate Program. The following represents the terms and conditions which apply to your participation in Alternative Lifestyle Systems’ Affiliate Program (“Affiliate Program”). These are the complete terms and conditions that apply to you when you become an Affiliate under the Affiliate Program (“Affiliate Terms”) for Alternative Lifestyle Systems (“ALS”). The purpose of these Affiliate Terms is to allow you to make affiliate commissions through sales generated from your website to our services in the manner set forth herein.
- Execution of Agreement. By participating in the Affiliate Program, you represent that you have read, fully understand, and agree to be bound by all the terms and conditions of the Affiliate Terms.
- Enrollment in Affiliate Program. To be enrolled in ALS’ Affiliate Program, an application must be completed and submitted to ALS. Once your application has been reviewed and approved, ALS will provide you with details to establish yourself as an Affiliate with ALS, which will include your unique URL and cookie (“URL”) valid for thirty (30) days and will continue to remain valid as long as potential purchasers visits and utilizes that particular URL and cookie. You must ensure that your information, including your e-mail address is complete, accurate, and up-to-date at all times. ALS may send communication to the e-mail address associated with your account. Even if the e-mail address associated with your account is no longer current, you will be deemed to have received all notifications, approvals, and other communications sent to that e-mail address.
- Linking to ALS’ Website. Acceptance into the Affiliate Program means Affiliate agrees to and abides by the following:
- Affiliate will only use the URL obtained from ALS without manipulation.
- All Affiliate domains that use the URL must be listed in your affiliate profile.
- Affiliate’s website(s) will not in any way copy, resemble, or mirror the look and feel of ALS’ website(s) or create the impression that Affiliate’s website(s) is in any way a part of ALS’ website(s).
- Affiliate may not engage in cookie stuffing or include pop-ups, false or misleading links on Affiliate’s website(s). Wherever possible, Affiliate will not attempt to mask the referring URL information, such as the page from where the click is originating.
- Affiliate is prohibited from using redirects to bounce a click off of a domain from which the click did not originate in order to make it appear that it came from that domain. If it is uncovered that Affiliate is redirecting links to hide or manipulate the original source, Affiliate’s current and past commissions will be voided or Affiliate’s Commissions (defined herein) will be set to zero percent (0%).
- Affiliate Obligations. In performing under the Affiliate Program, Affiliate agrees that he/she/it shall not publish, post, upload, distribute, distribute or disseminate, or permit any of the following to be posted onto its website. These shall include, but are not limited to:
- Content that violates any applicable laws or regulations, including but not limited to content related to defeating lawfully administered drug tests.
- Trademarks, trade names, service marks, or logos of ALS except as expressly authorized by ALS.
- Content that defames, abuses, harasses, stalks, threatens or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Content that is inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Content that that contain images, photographs, software or other material protected intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Content that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Content that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Content that is or depicts non-consenting or coercive sex (including, without limitation, depictions of sex with individuals who are sleeping or under the influence of drugs or alcohol), incest, bestiality, bondage (where consent of the participants is not clearly depicted), defecation, or sex acts associated with pain or violence.
- Content that is or depicts child pornography, and/or any depiction of underage participants (including participants who are dressed and depicted as underage, even though the participants are clearly adults).
- Affiliate Representations and Warranties. Affiliate represents, warrants, and agrees that its websites or any content or technology used during his/her/its participation with the Affiliate Program will not:
- Direct or pull internet traffic away from ALS’ website.
- Attempt to modify or alter ALS’ website in any way.
- Make any representations, either express or implied, or create an appearance that a visitor to Affiliate’s website is visiting ALS’ website.
- “Scrape” or “spider” any ALS’ website or any other website for ALS’ intellectual property.
- Misrepresent any Product.
- Misrepresent themselves, ALS, or their relationship with ALS in a false or misleading way. Accordingly, ALS requires all Affiliates to comply fully with all applicable laws, regulations, and guidelines concerning advertising and marketing, including but not limited to, the Federal Trade Commission (“FTC”) disclosure requirements.
- FTC Disclosure Requirements and Endorsement Guides. Affiliate shall include a disclosure statement wherever Affiliate URLs for ALS’ Affiliate Program are posted as an endorsement, review, or paid advertisement. The disclosure statement should be clear, close, and state that ALS is compensating Affiliate for Affiliate’s review or endorsement. If Affiliate received a Product for free for review, this also must be clearly stated in Affiliate’s disclosure. ALS reserves the right to audit Affiliate’s website(s) without notice for disclosure compliance and to remove an Affiliate from the Affiliate Program if it determines Affiliate is not in compliance. For more information on FTC disclosure requirements and Endorsement Guides, please review https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking.
- Affiliates’ Compliance With Applicable Laws. Affiliate represents, warrants, and agrees that in addition to the above, it shall at all times comply with all applicable laws, ordinances, statutes, rules, including, without limitation those relating to:
- Control of imports and exports of commodities and personal data, or that govern the operation of adult websites, including without limitation, Title 18 U.S.C. § 2257.
- The CAN-SPAM Act. For more information about CAN-SPAM, please review https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business.
- Affiliate Commissions. Except in jurisdictions where such a transaction is prohibited and subject to Affiliate’s compliance with the Affiliate Terms, Affiliates are eligible to earn ten (10%) of net sales generated (excluding shipping and tax costs and other related costs). If ALS determines that an Affiliate has high traffic and visibility, such Affiliate may qualify as an Influencer, and may be able to earn up to twenty percent (20%) of net sales generated (excluding shipping and tax costs and other related costs). ALS pays commissions on a quarterly basis. Commissions will be disbursed via PayPal or in any other manner by ALS. If Affiliate’s account is terminated due to violation of the Affiliate Terms, ALS reserves the right to withhold all future payments owed to Affiliate or Influencer. Affiliates are responsible for any and all charges, fees, taxes, change rates, surcharges and other expenses that may be incurred for Affiliate to receive Affiliate Commissions. Affiliate Commissions may be withheld for a reasonable time to ensure that the correct amount is paid to Affiliate. If it is determined that payment of Affiliate Commissions to an Affiliate in any jurisdiction is illegal under any laws, ALS reserves the right to not pay Affiliate Commissions for any sales made in that jurisdiction.
- Confidential Information. Affiliate agrees that all information including, without limitation, the
provisions of the Affiliate Terms, business and financial information, customer and vendor lists, pricing, and sales information, shall remain strictly confidential and shall not be utilized directly or indirectly by Affiliate for its own business purposes or any other purpose except and solely to the extent that any such information is available to the general public, compelled by law, or prior written consent for such disclosure was obtained from ALS.
- Disclaimer and Limitation of Liability. ALS expressly disclaims any and all representations or warranties of the information, materials and/or content available through its website and/or any other related ALS platforms, including, but not limited to any implied warranties of merchantability, fitness for a particular purpose, reliability, accuracy, and non-infringement are expressly disclaimed and excluded. ALS will not be liable with respect to any subject matter of these Affiliate Terms under any contract, negligence, tort, strict liability, or other legal or equitable theory for any indirect, consequential, special, or exemplary damages, including but not limited to loss of revenue, goodwill, or anticipated profits or lost business, even if Affiliate has been advised of the possibility of such damages. ALS also makes no representation that its website, link(s) provided, and/or any other related ALS platforms will be uninterrupted and free of error and will not be liable for the consequences of any interruptions or errors.
- Indemnification. Affiliate agrees to indemnify and hold ALS harmless ALS and its employees,
representatives, agents, and affiliates against any and all claims, suits, actions or other proceedings brought against them based on or arising from any claim resulting from Affiliate’s breach of these Affiliate Terms or FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and any other related requirements. Affiliate acknowledges and agrees to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by ALS in connection with or arising from any claim, suit, action, or proceeding.
- Termination. Affiliate or ALS may terminate Affiliate’s status as an Affiliate at any time, with or
without cause. Upon termination, all licenses granted to Affiliate (if any) shall cease and Affiliate shall use her/his/its best efforts to immediately remove from Affiliates’ website all links and references to ALS, cease any and all use of items received through or used in connection with the Affiliate Program. ALS reserves the right to terminate the Affiliate Program at any time with or without notice to Affiliate.
- Modification. These terms may be subject to change from time to time in ALS’ sole discretion, without
notice to you. At a minimum, ALS will communicate any amendments to you by posting updates to the Affiliate Program Terms maintained on our website. Your continued participation as an Affiliate after such modification will constitute your acceptance to the amended Affiliate Program Terms.
- General Provisions.
- Dispute Resolution. ALS prefers to address resolution without the need for formal legal
action. ALS and Affiliate acknowledge and agree that prior to initiating any claim against the other, they will, in good faith, attempt to resolve the dispute informally in an expeditious and professional manner. In the event the parties are unable to resolve their dispute in a timely manner, the parties hereby submit to mandatory and binding arbitration for any and all claims, controversies, and/or disputes arising out of, relating to, or resulting from the Affiliate Terms. The parties agree to resolve such claim, controversy, and/or dispute by arbitration through JAMS, Inc. (“JAMS”), pursuant to its Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”) by a sole arbitrator. The parties agree not to challenge or otherwise object to the jurisdiction of such arbitration under the Affiliate Terms. The parties shall equally split any administrative or hearing fees charged by the administrator, JAMS, or the arbitrator. The decision of the arbitrator shall be in writing.
- Relationship. Affiliate’s participation in the Affiliate Program shall not be construed as a joint
venture, pooling arrangement, partnership, teaming effort, or agency agreement. Affiliate shall have no authority to bind ALS to any agreement, nor shall Affiliate be considered to be an agent of ALS in any respect.
- Choice of Law. The Affiliate Terms shall be construed and enforced in accordance with,
and governed by the laws of the State of California. ALS and Affiliate agree unconditionally and mandatorily to exclusive venue and jurisdiction for any dispute arising under the Affiliate Terms in the County of Orange, California and each Party hereby waives any right to object to the convenience of such venue. To the extent that any JAMS Rules conflict with California law, California law shall take precedence.
- Notice. A notice required or permitted to be given by either party to the other under these
Affiliate Terms shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified under this provision to the party giving the notice.
- Waiver. No waiver by ALS of any breach of the Affiliate Terms by Affiliate shall be
considered as a waiver of any subsequent breach of the same or any other provision.
- Severability. If any provision of these Affiliate Terms is held by any court or other
competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Affiliate Terms and the remainder of the provision in question shall not be affected.
- Assignment. Affiliate may not assign these Affiliate Terms to any third party without the prior
written consent of ALS.
- Complete Affiliate Terms. These Affiliate Terms and any other documents incorporated herein
constitute the entire agreement between the parties on this subject. All prior representations or arrangements on this subject matter are superseded by these Affiliate Terms.
- No Other Rights. No license or transfer of intellectual property rights in any “Confidential
Information” is provided hereunder, either expressly or by implication, estoppel or otherwise.
BY CONTINUING YOU ARE AGREEING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AFFILIATE TERMS.