Independent Affiliate Agreement
TERMS & CONDITIONS
You must read and agree to these Terms and Conditions before you can become an Independent Affiliate. By becoming an Independent Affiliate of Hot Desert Knights brand, website and affiliate program, (all hereinafter “HDK”), you agree to be bound by these Terms and Conditions. This Agreement does not imply or create a partnership between you and HDK.
1. “HDK”: Hot Desert Knights,, HDKBuxxx.com, BareBuxxx.com
2. “Webmaster”, “my” and “I”: An independent person or entity wishing to promote the membership sites of HDK.
3. “Independent Affiliate”: An independent person or entity wishing to promote the membership sites of HDK.
4. “Independent Contractor”: A Independent Reseller/Webmaster/Affiliate who is accepted by HDK pursuant to the terms and conditions of this Agreement and who shall be considered wholly independent of HDK for tax and liability purposes.
5. “Independent Affiliate Agreement”: The agreement between Webmaster and HDK, 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 Affiliate.
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 Affiliate Agreement as an Independent Contractor.
3. I am not a partner, agent, shareholder or in any business relationship with HDK 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 HDK.
5. Any sites I submit under this Independent Affiliate 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 in the content on my site(s) 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, Iraq, Iran, China or Afghanistan.
11. I am authorized to execute this agreement on behalf of the 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 HDK 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 HDK 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 HDK or directly to members of HDK.
15. I will not provide, attempt to provide or represent to third parties that I am a billing resource for HDK.
16. I am solely responsible for obtaining hosting and creating my own site(s).
17. I will not post, share or transfer any Independent Affiliate ID assigned to me under this Agreement.
18. I will not publish any material using HDK or HDK site names other than that approved by HDK or provided in the linking code and marketing materials supplied by HDK.
19. I will not promotion via Google Adwords, the copyright term and trademarked name ‘Hot Desert Knights.’ I am however, allowed to buy other Google Adwords on terms like ‘gay bareback sex’ and the like that promotes website traffic in production of sales.
20. I will not send unsolicited emails known as SPAM in order to promote HDK.
21. I will not promote or publish links to file sharing sites, such as rapidshare, which permits stolen content of copyrighted works.
22. I will only promote promotional material supplied to me from HDK on sites owned and operated by myself.
II. HDK Obligations
HDK shall be responsible for the following:
1. HDK shall have the sole and independent discretion to accept or reject Webmasters applying to become Independent Affiliates of HDK sites.
2. If accepted as an Independent Affiliate, HDK shall provide linking codes, marketing materials and online statistics to Independent Affiliate.
3. HDK shall grant Independent Affiliate a limited-use license to use and display linking codes and marking materials for HDK sites. The limited-use license does not allow for any change, alteration, modification or other tampering with the code, links or graphics supplied by HDK.
4. HDK shall provide Independent Affiliate with a commission for membership sales made through links provided to Independent Affiliate upon acceptance to this program.
5. Data and information on commissions made is tracked by and is accessible through our website payment processor, EPOCH.
III. Payments / Commissions
1. Independent Affiliates acknowledge that all payments for membership sign-ups up to 9/3/16 will be processed and paid by HDK’s payment processor. Independent Affiliates also acknowledge that all payments for membership sign-ups AFTER 9/3/16 will be paid by CCBILL.
2. HDK’s current commissions on Sign-Ups are: 50% on All Memberships, 50% on All Recurring Billing, 5% Webmaster Referrals
3. Webmasters will be paid for trial and full membership sales including rebills at the current Payout Rates with our Rev-share Affiliate Program. HDKBuxxx pays out commissions on ALL sales that come from affiliates and that process, (excluding those that become chargebacks or refunds).
4. Payments to affiliates are processed on the 10th of each month, in US dollar via Check. Our pay period runs from 1st – the last day of the month. This pay period is then paid on the 10th of the following month. Account balances of less than $100 USD will be carried forward into the next period.
5. Payment processing fees to affiliates (Deducted from Commission):
Checks (mailed within US) – FREE
Checks (mailed to outside US) – $5
Wire Transfer Request Payments – $45.00
IV. HDK Rights
1. HDK shall have the right, but not the obligation, to terminate any Independent Affiliate without notice, at the sole and absolute discretion of HDK for the following reasons:
a. By operation of law;
b. HDK determines any site content used by Independent Affiliate is obscene;
c. HDK determines or receives a complaint that an Independent Affiliate is infringing upon the intellectual property rights of a third party;
d. HDK determines that Independent Affiliate has not complied with these Terms and Conditions;
e. HDK determines that Independent Affiliate is spamming or undertaking other marketing efforts that are illegal or damage the brand name, reputation, goodwill or image of HDK sites;
f. HDK determines that Independent Affiliate is abusing this program;
g. HDK determines that Independent Affiliate is representing itself as anything other than an Independent Contractor in relation to HDK.
h. HDK determines that Independent Affiliate is, in any way, marketing, advertising or promoting adult material to minors;
i. HDK determines that Independent Affiliate is conducting itself in such a manner as to damage the brand name, reputation, goodwill or image of HDK and HDK sites.
V. Joint Representations
HDK and Webmaster/Independent Affiliate jointly agree as follows:
1. Nature of Relationship: Independent Affiliate is solely and only an independent contractor of HDK. NOTHING IN THIS INDEPENDENT AFFILIATE 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 HDK AND INDEPENDENT RESELLER.
2. Termination: Either party may terminate this Independent Affiliate Agreement at any time without notice. Should HDK determine in its sole and absolute discretion that Independent Affiliate has violated this Independent Affiliate Agreement, all commissions then due to Independent Affiliate shall be forfeited.
3. Waiver: Failure of HDK to require compliance with the terms of this contract or act upon perceived breaches by Independent Affiliate, does not constitute a waiver of the rights, claims and remedies available to HDK.
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 Affiliate shall indemnify and defend HDK for any claims arising from a site of Independent Affiliate unless HDK 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 Nevada 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 Las Vegas, Nevada, 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. Sever-ability: 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 by email to affiliates (at) hotdesertknights.com or by phone at 760-416-1070, or by writing to: 5348 Vegas Drive, #1299, Las Vegas, NV 89108
9. Acceptance of Terms and Conditions: Webmaster/Independent Affiliate hereby acknowledges that you have read this entire Independent Affiliate 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.