The Affiliate Program

Simply Dating Affiliate Terms & Conditions

1. The Agreement

   This Agreement is an electronic contract that sets out the legally binding terms of your participation in the Affiliate Program. You indicate your acceptance to the terms and conditions contained or referenced herein by clicking on the "Enrol" 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.

   Authorised Methods of Promotion

   The agreement allows for the affiliate to promote Simply Dating through the following exhaustive means:

   • approved blogs
   • approved websites
   • social network accounts
   • discussion forums
   • solicited email
   • other pre-approved advertising content

   The creation of a specific website to promote Simply Dating is not permitted without prior approval from Simply Dating.

2. Eligibility

   To become an affiliate of Simply Dating, you cannot be a dating site or competitor. You must be at least 18 years of age. You must join the Program via our site. Upon being accepted into the Program you will be allocated your unique URL, you will be able to login to the affiliate interface and start promoting Simply Dating. We may reject your application if we decide, at our sole discretion, that you are unsuitable for the Program. All information submitted by you must be truthful and accurate. Failure to provide same may result in immediate termination of the Affiliate's participation in the Program.

   You must ensure that your affiliate information contains your current email address.

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

   • Attempt to copy and/or assume the creative or business identity of Simply Dating in any manner
   • Otherwise violate intellectual property rights
   • Installing links or banners or any material relating to Simply Dating on any websites without written permission from Simply Dating
   • Promoting violence
   • Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
   • Promoting illegal activities

   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, we have the right to delete your Affiliate account and terminate this Agreement at any time, without payment of any accrued commission to the Affiliate.

3. Ownership of Members

   Affiliate Members who open an account and pay to use the services at Simply Dating will be deemed to be customers of Simply Dating. We may change our policies and operating procedures at any time as per our terms and conditions for all members of Simply Dating.

4. Commissions

   We will pay you 10 % commission for referring Simply Dating eligible paying members who pay to use our site.

   To be eligible for commission, the new member must follow an affiliate link from your promotions to our site, register as a member and make a pay to use the site.

   Deductions will be made from the commissions for fraudulent chargebacks by the member, or where a member requests a refund of unused payments upon deactivation from the site.

   Commissions only apply to credits purchased to use the site. They are not paid on travel, accommodation and travel costs.

5. Tax

   You are responsible for any taxes that may be due on the commissions paid to you.

6. Eligible Referrals

   To be eligible for an initial commission payment you must refer to us at least one new member who pays to use the services on the site.

7. Commission Payments

   Commissions are paid in US Dollars and will be paid to you once a month by PayPal. Payments to banks or using methods other than Paypal must be agreed in advance.

   Commissions will be paid 45 days following the end of each calendar month and you are responsible for any taxes that may be due.

8. Reversal of Commission Payments

   • You shall not employ any mechanical means to pull content from Simply Dating website
   • You may not send out any email containing Simply Dating name or branding or any other Simply Dating Intellectual Property
   • You may not sub-contract your affiliate obligations

   Any Affiliate using those and other deceitful techniques, determined at the sole discretion of Simply Dating will be suspended without notice and all accrued commissions will be withheld.

9. Limited License

   We grant you a non-exclusive, revocable right to use your affiliate URL solely for the purpose of generating member income. We may revoke your license at any time by giving you written notice.

   Our trademark or brand name can only be used by express written permission. Any incorrect or abusive use of our trademark or brand name without express written permission can lead to the revoking of your non-exclusive licence immediately via written notice and any accrued commission to be withheld.

10. Promotional Limitations

    You will not adopt or use the Simply Dating names, trademarks, trade names, brands, domain names or URLs (except your own unique affiliate URL) or any variations thereof as your own company name, trademark, trade names, brand, domain name or URL.

    All advertising must be approved in writing by Simply Dating before placement by you. All advertising costs and other expenses must be paid on or before their due date.

    All advertising or posts on social networks, blog articles, website promotions or discussion forums must not say or do anything that may or will bring Simply Dating, its brand, website or services into disrepute.

    The affiliate must use their own social network accounts to promote Simply Dating. All posts in discussion forums must be placed under the affiliates personal name or username and must not appear to be an employee of, or the company Simply Dating.

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

    • Unsolicited email (spam)
    • Posting content on forums or other websites that break their terms and conditions
    • Displaying content on adult or porn websites
    • Offering incentives to register or purchase credits
    • Using content which is defamatory, misleading, libelous, hateful or unlawfully threatening, abusive or harassing
    • Including any of Simply Dating trademarks or service marks, or variations or misspellings thereof
    • Employing any mechanical means to pull content from Simply Dating website
    • Sending out any email containing Simply Dating name or branding or any other Simply Dating Intellectual Property
    • Sub-contracting your affiliate obligations

    Any Affiliate using those and other deceitful techniques, determined at the sole discretion of Simply Dating will be suspended without notice and all accrued commissions will be withheld.

11. Auditing Affiliates

    You agree that Simply Dating may monitor or audit your activities in relation to your participation in the affiliate Program. Your failure to reasonably comply with Simply Dating’ efforts to audit your compliance with this Agreement shall constitute a material breach of this Agreement.

12. Responsibility of Affiliates

    You will be solely responsible for:

    • The accuracy and appropriateness of materials posted by you
    • Ensuring all material posted by you does not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights, including images or videos from the site).
    • Posting disparaging articles, comments or editorials which have no verifiable fact or evidence. The offending opinion, statement or comment will be immediately removed at the request of Simply Dating.

    Affiliates may not at any time represent to anybody that they are acting as an agent for Simply Dating without the written agreement of Simply Dating and they shall not be authorised to incur any obligations on behalf of Simply Dating without first obtaining the written consent of Simply Dating.

    Affiliates using those and other deceitful techniques, determined at the sole discretion of Simply Dating will be suspended without notice and all accrued commissions withheld.

13. Term of the Agreement

    The term of this Agreement will commence upon your agreeing to these terms and conditions (enrolling) 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, we will deactivate your affiliate URL and may withhold your final payment in a case of breach of this Agreement.

    If an affiliate fails to promote Simply Dating for a period of 90 days, we may decide that the affiliate wishes to terminate the agreement. If, after 90 days without promotion, we decide that the affiliate wishes to terminate the agreement, we will deactivate your affiliate url and stop paying commissions.

14. Amendment

    Simply Dating may amend this Agreement at any time and at our sole discretion by notifying you by email.

    Amendments may include, for example, changes in the size of commissions, payment procedures, and Program rules.

15. 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.

    Nothing in this Agreement shall imply that the affiliate has any proprietary interest in the business of Simply Dating. At all times the affiliate is an independent contractor.

16. Limitation of Liability

    Simply Dating 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 commissions paid or payable to the affiliate under this Agreement.

17. Force Majeure

    If in the performance or observance of the obligations in this Agreement are prevented, restricted or affected by reason of force majeure including strike, lockout, industrial dispute, failure of equipment due to an act of god or any other cause beyond the reason of all control of either party then that party shall be excused from such performance or observance to the extent of such prevention, restriction or affectation.

18. Governing Law

    This Agreement shall be governed by the laws of New Zealand and the Affiliate and Simply Dating submit to the nonexclusive jurisdiction of the Courts in Wellington, New Zealand.

19. Dispute Resolution

    Should a dispute arise between the parties in relation to this Agreement it shall first be resolved by the parties in good faith entering into mediation. If the parties cannot agree on a mediator within fourteen (14) days of the dispute arising then either party may refer the appointment to the Wellington branch of the New Zealand Law Society whose appointment of a mediator shall be binding on the parties. The cost of such appointment shall be met equally by the parties.

    If the parties have been unable to resolve the dispute by mediation within thirty (30) days following the appointment of a mediator, either party may give fourteen (14) days notice to the other party they wish to resolve the dispute through arbitration in accordance with the Arbitration Act 1996. If the parties cannot agree on an Arbitrator then either party may refer it to the Wellington Branch of the New Zealand Law Society who shall make the appointment and which will be binding on both parties. The cost of such appointment shall be met equally by the parties.

    The cost of mediation and arbitration shall be shared equally between the parties.

20. Language

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

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 and agree that your participating affiliate advertisements and promotions 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 Simply Dating.

    By participating in the affiliate program you agree not to engage in any conduct or any activity that is injurious to the reputation of Simply Dating 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 Simply Dating and/or its affiliates, officers and directors.

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

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 "apply" 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. 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. Confidentiality

    The affiliate will not use, copy, adapt, alter or part with possession of any information which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the affiliate can prove was in its possession at the date it was received or obtained or which the affiliate obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the affiliate or which is independently developed by or for the affiliate.