Fantasy Affiliate Network

Standard Affiliate Agreement

This Standard Affiliate Agreement (the "Agreement") contains the complete terms and conditions that apply to an individual or entity's participation in the FantasyAffiliateNetwork.com Affiliate Program. As used in this Agreement, "we" and "us" means the website FantasyAffiliateNetwork.com, and its operator, Rical LLC, and "you" and "Affiliate" mean the individual or entity which applies for affiliate payment in accordance with the terms and conditions herein.

  1. GENERAL

    1. This is the most recent version of the Agreement. This version modifies, replaces and supersedes all prior versions of this Agreement.
    2. By registering as an Affiliate through the Website, and by marketing to and referring new Sign-Ups to the website, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. On your acceptance of this Agreement via the website, we will automatically become counter-parties to this Agreement.

  2. DEFINITIONS

    1. "Affiliate(s)" is the individual or entity which has registered for and been accepted in our Affiliate Program and which complies with the terms of this Agreement.
    2. "Affiliate Account"" is the unique account that each Affiliate creates after successful registration and acceptance in our Affiliate Program.
    3. "Affiliate Commission" is the amount due and payable to you, based solely on FantasyAffiliateNetwork.com's system's data.
    4. "Affiliate Number" is the numeric code you are assigned when you register to participate in the Affiliate Program.
    5. "CPA Plan" or "Cost Per Acquisition Plan" is a type of Payment Plan whereby your Affiliate Commissions are based on the number of Paying Customers you send to a Product Site.
    6. "Fraud Traffic" means deposits, Revenue or traffic related to the Website and generated by illegal means or in bad faith to defraud us, regardless of whether or not it actually causes us harm. Fraud Traffic includes but is not limited to Spam, false advertising, acquisitions generated on stolen credit cards, manipulation of the service, system, bonuses or promotions, offers to share the Affiliate Commission directly or indirectly with Sign-Ups, and any other unauthorized use of any third party accounts, copyrights or trademarks.
    7. "Monthly Revenue" means Revenue as calculated at the end of each calendar month for determination of your Affiliate Commission, which is typically paid in the next month provided that we have received funds from the Product Site.
    8. "Referral Codes" are unique offline alphanumeric codes that Sign-Ups may enter when opening an Account. When properly entered, the system automatically logs the Referral Codes and records you as the Affiliate. To encourage potential Sign-Ups to use Referral Codes, extra cash or other Bonus Incentives may be given to Sign-Ups that enter Referral Codes. Referral Codes may not be offered with every Product Site.
    9. "Spam" or "Unsolicited Promotions" means emails or any other messages that are related to the Website in any way and are circulated by you, directly or indirectly, including messages that are posted on newsgroups, chat boards, instant messaging systems, and other types of online forums or sent to mobile phones and which:
      1. are directed at people who have not consented to receiving promotional messages from you;
      2. contain false or misleading statements;
      3. do not truthfully identify the source or the originating IP Address;
      4. purport to be, but are not, generated by us;
      5. do not provide the recipient with an option to easily "remove" them from receiving future mailings or promotions; or
      6. violate applicable laws or regulations regarding unsolicited electronic communications.
    10. "Tracker(s)" means the unique Tracking Codes or Referral Code(s) that we provide exclusively to you, through which we track customers to your Affiliate Account.
    11. "Tracking Code" means a unique hyperlink (URL) to a Product Site through which you refer potential Customers. When the Sign-Up opens his/her Account, the system automatically logs the Tracking Code and records you as the Affiliate.

  3. PERSONAL INFORMATION

    1. Identity and Disclosure. You must provide true and complete information to us at all times; including but not limited to, your identity, contact information, payment instructions, nationality, residency, your participation in affiliate programs for other websites, the location and nature of your marketing activities, and any other information that we may request from time to time. So long as you are our Affiliate, you will have a continuing obligation to disclose your affiliate relationships with other websites upon our request.

  4. REGISTRATION

    1. Minimum Age. You must be at least 18 years of age to be eligible to become an Affiliate.
    2. You must have a US Tax ID or Social Security Number. We will send Form 1099-MISC, Miscellaneous Income tax to all Affiliates who earn commissions of at least $600 in a calendar year.
    3. Registration. This Agreement will take effect when you receive your Trackers from us and when you start promoting the Website. This Agreement will be continuous until terminated. Notwithstanding the foregoing, we reserve the right to reject your registration application to join the Affiliate Program. In the event that we elect to reject your application subsequent to your receipt of the Trackers, we shall notify you of the same and we shall be entitled to render the Trackers inoperative.
    4. Multiple Accounts. You may not register or possess more than one Affiliate Account without our prior written consent.

  5. MARKETING AND PROMOTION

    1. Marketing Activities and Responsibilities. You will, at your own cost and expense, market to and refer potential Sign-Ups to Product Sites. You will be solely responsible for the content and manner of your marketing activities. However, you agree that all marketing activities must be professional, proper and lawful under applicable rules or laws.
    2. Unauthorized Marketing Activities. You represent and warrant that you will not place promotional materials including but not limited to Widgets, Banner Ads or Text Links related to us on any website, or use any media or medium, which contains materials that:
    3. infringe any intellectual property rights (including but not limited to trademark rights);
    4. promote discrimination based on national origin, race, gender, religion, disability, sexual orientation or age;
    5. are libelous, obscene, or unlawful;
    6. are sexually explicit, pornographic, obscene, hateful or violent; or
    7. are otherwise considered inappropriate at our sole discretion.
    8. In your marketing activities related to the Product Sites you will not use Spam, Unsolicited Promotions, Adware or Spyware in any marketing activities related in any way, shape or manner. Widgets, Banner Ads and Text Links may not be placed within Spam, Unsolicited Promotions, unauthorized newsgroup postings, chat rooms or through the use of "bots."
    9. Non-Assignment of Trackers. Trackers and Tracking Codes are for your sole use and are not to be assigned to others without our prior written consent.
    10. Disclaimers. We reserve the right to demand that you post a disclaimer adjacent to any Marketing Materials which you display anywhere. We further reserve the right to determine the language of a reasonable disclaimer in our sole discretion.
    11. Good Faith Marketing. You will not knowingly or unknowingly benefit from any known, unknown, suspected or unsuspected Fraud Traffic. We reserve the right to withhold or back out from Affiliate Commissions amounts generated by Fraud Traffic, regardless of whether you participated in or knew about the Fraud Traffic. In the event that we determine that you have knowingly participated in, or knowingly benefited from, Fraud Traffic with the intent to defraud us, we may terminate this Agreement immediately and you will forfeit all Affiliate Commissions that you have earned.

  6. REPORTS & PAYMENTS

    1. Reports. We will track and report Sign-Up activity for purposes of calculating your Affiliate Commissions. You will be able to log into your Affiliate Account and view your reports at any time.
    2. Time and Minimum Amount of Payment. Affiliate Commissions will be paid and sent out to you within thirty (30) days of the close of each calendar month, except that, if the total amount due is less than USD$50, the balance will be carried over and added to the next month's Affiliate Commissions until the total amount is more than USD$50. In the event, the balance amount carried over does not total USD$50 within a consecutive eighteen (18) month period, then the amount due will be voided and cancelled, and we may terminate this Agreement.
    3. Holdover for Fraud Traffic. In the event of any activity deemed suspicious by us, in your Account or in multiple Accounts, then we may delay payment of the Affiliate Commissions to you for up to one hundred and eighty (180) days to verify the relevant transactions. In the event that we determine the activity to constitute Fraud Traffic, we shall be entitled to terminate this Agreement and to recalculate or withhold your Affiliate Commissions accordingly and in our sole discretion.
    4. Method of Payment. All payments will be due and payable in United States Dollars only. Currently all payments are made through PayPal. More payment options may become available at a later date.
    5. Sign-Up Tracking. You understand and agree that potential Sign-Ups must link through a Tracking Code or enter a Referral Code when they sign up in order for you to receive Affiliate Commissions in relation to such potential Sign-Ups. In no event are we liable for your failure to use the right Trackers, for potential Sign-Ups' failure to properly enter Referral Codes, or for system malfunctions that cause Trackers, Referral Codes or hyperlinks to be deleted, corrupted or unusable.
    6. Disputes. Deposit of payment, acceptance of payment transfer or acceptance of other payment by you will be deemed full and final settlement of Affiliate Commissions due for the month indicated. Hence, if you disagree with the reports or amount payable, do NOT accept payment for such amount and immediately send us written notice of your dispute. Dispute notices must be in writing and be received within thirty (30) days of the end of each month for which payment is made, or your right to dispute such report or payment will be deemed waived and you shall have no claims in such regard.
    7. Sign-Up Verification. Affiliate Commissions in relation to new Sign-Ups will be dispatched only following our verification and investigations concerning all new Sign-Ups.

  7. TERM AND TERMINATION

    1. Termination By You. You may terminate this Agreement, with or without cause, immediately upon written notice to us. In addition, you may cease marketing the Website any time you want.
    2. Termination By Us. We may terminate this Agreement, with or without cause, upon thirty (30) days written notice to you. Further, we may terminate this Agreement immediately, without notice, upon the occurrence of any of the following events:
    3. You materially breach this Agreement;
    4. The total cumulative balance of Affiliate Commissions due to you is less than USD$50 for eighteen (18) consecutive months;
    5. We determine, in our reasonable discretion, that you issued a Press Release in violation of Section 5.11 herein.
    6. We determine, in our reasonable discretion, that you knowingly benefited from Fraud Traffic as set forth in Section 2.12 herein;
    7. We determine, in our reasonable discretion, that you knowingly participated in Fraud Traffic, as set forth in Section 2.12 herein.
    8. The total number of new Sign-Ups introduced by you in a sixty-day period is less than one;
    9. We determine that you have used Spam, Adware, or Spyware or have engaged in an unauthorized marketing technique as set forth in Section 5.2 herein.
    10. Our Produce Site partner company ends its affiliate advertising agreement with Fantasy Affiliate Network.
    11. Effect of Termination. The following will apply upon the effective date of termination:
    12. You will cease all promotional activity related to us and all rights and licenses given to you under this Agreement will terminate immediately, except as expressly stated herein;
    13. We may leave open, redirect or deactivate any Trackers in our sole discretion without any obligation to pay you on new Sign-Ups who come in or would have come in on those Trackers; For ongoing Rev Share agreements we reserve the right to end payments for existing Sign-Ups at our discretion.
    14. In the event that your Sign-Up Account and or Affiliate account is closed for any reason, we reserve the right to extend the closure to all your activity related to the Website, including but not limited to withholding your Affiliate Commissions without prior notice. If any such closure occurs, we reserve the right to dispose of any remaining funds in your Sign-Up Account and or Affiliate account at our sole discretion. If we suspect Fraud Traffic, we may withhold payment of Affiliate Commissions for up to one hundred eighty (180) days, from the original due date, to ensure that the payment is correct and that any fraud has been reversed out.
    15. In the event that we determine, in our reasonable discretion, that you knowingly participated in Fraud Traffic, as set forth in Section 2.12 herein, you will forfeit all Affiliate Commissions that you have earned and we reserve the right to terminate this Agreement.

  8. LIABILITIES

    1. No Warranties. WE DO NOT WARRANT THAT OUR SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY OF OUR SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES). WE (OR OUR PROVIDERS OR UNDERLYING VENDORS) ARE NOT REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK(S), AND SOFTWARE OR HARDWARE.
    2. Release. The parties hereto will be released from all obligations and liabilities to each other occurring or arising after the date of termination of the Agreement, except with respect to those obligations that by their nature are designed to survive termination, as set forth in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement which occurred prior to termination.
    3. Liability Limitations. Our obligations under this Agreement do not constitute personal obligations of the directors, officers, employees or shareholders of FantasyAffiliateNetwork.com. Any liability arising under this Agreement will be satisfied solely from the revenues generated hereunder. Our liability is limited to direct damages, and in no event will we be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss).
    4. Indemnification. You will defend, indemnify and hold us and our officers, directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including reasonable attorneys' fees, arising from or connected to your breach of this Agreement or the performance of your duties under this Agreement.

  9. INDEPENDENT INVESTIGATION

    1. Independent Investigation. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF MARKETING OUR PRODUCT SITES AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
    2. Independent Research. YOU HAVE INDEPENDENTLY EVALUATED THE LAWS IN YOUR LOCALE WHICH APPLY TO YOUR ACTIVITIES AND BELIEVE THAT YOU MAY PARTICIPATE IN THE AFFILIATE PROGRAM WITHOUT VIOLATING ANY APPLICABLE RULES OR LAWS.

  10. MISCELLANEOUS

    1. Relationship of Parties. There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you or us under this Agreement. Neither party has the authority to bind the other nor to incur any obligation on the other's behalf, except as expressly provided herein. Nothing in this Agreement will be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement.
    2. Non-Exclusive. You understand that we may at any time (directly or indirectly), enter into marketing terms with other Affiliates on the same or different terms as those provided to you herein and that such Affiliates may be similar, and even competitive, to you. You understand that we may re-direct traffic and users from the Website to any other web page that we deem appropriate in our sole discretion, without any additional compensation to you.
    3. Confidentiality and Non-Disclosure. As a promoter of our Product Sites, you may receive confidential information from us regarding the sites, marketing plans and concepts, structure and payments. This information is confidential to us and constitutes our proprietary trade secrets. Therefore, you will not disclose this information to third parties. Your obligations regarding confidential information and trade secrets shall survive the termination of this Agreement.
    4. Assignment. This Agreement and the rights and obligations hereunder may not be assigned by you without our express written consent.
    5. Governing Law. The validity of this Agreement, its construction, interpretation, and enforcement, and the rights of the parties hereto will be determined under, governed by, and construed in accordance with the laws of the United States of America.
    6. Force Majeure. The parties' obligations under this Agreement are subject to and neither party will be liable for, failure to perform, damage, or malfunction of any equipment, or any consequences thereof occasioned by or due to fire, flood, water, the elements, labor disputes, power failures, explosions, governmental actions, unavailability of transportation, acts or omission of third-parties, or any other causes beyond the party's reasonable control.
    7. Severability/Waiver. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
    8. Headings. The headings used in connection with the provisions of this Agreement are for convenience and reference only. Such headings shall not limit or affect the scope or application of the provisions of this Agreement.
    9. Modification. We may modify any of the terms of this Agreement at any time, in our sole discretion, by either (i) E-mailing you a change notice or (ii) by posting the new version of the Agreement on our Website. It is your responsibility to visit the Website frequently to make sure you are familiar with the latest version of the Agreement and its provisions. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AFFLIATE PROGRAM FOLLOWING POSTING OR NOTICE OF CHANGE WILL BE DEEMED BINDING ACCEPTANCE OF THE MODIFICATION. No additions, deletions, modifications or interlineations of this Agreement are permitted or will be recognized by us. None of our employees, officers or agents has the authority orally to modify or waive any provision of this Agreement.
    10. Entire Agreement. This Agreement embodies the complete agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes and preempts any prior understandings or agreements between the parties, written or oral, which may be related to the subject matter hereof. The headings in this Agreement are for convenience only and will have no effect on the construction of this Agreement.
    11. IN WITNESS WHERE OF, you expressly agree to the terms and conditions of this Agreement by checking the "agree" field while creating your account.