This agreement describes the entire terms and conditions that apply
to an individual or entitys participation in the CD Universe Affiliate Program. In this agreement, "Affiliate Site" refers
to you, the applicant, and your Internet site.
to CD Universe, Video Universe, Games Universe or any of our affiliate
companies. CDU Site refers to CD Universe, Video Universe, Games Universe or any affiliate urls.
Please read this agreement carefully. By clicking on the Join Today button below you acknowledge you have read, understood
and agree to the terms and are bound by it. If you do not agree to
all the terms and conditions below, CDU is unwilling to consider
To begin the enrollment process, you will submit a complete Program
application via the CD. We may reject your application if we determine
(in our sole discretion) that your site is unsuitable for the Program.
Unsuitable sites include those that:
- Promote violence
- Promote discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age
- Include "CD Universe," Video
Universe, any other name associated with CDU, or variations
or misspellings of any of them, in their URLs to the left of
the top-level domain name (e.g., ".com", ".net", ".uk",
etc.) -- for example, a URL such as "cduniverse.mydomain.com" or "cdumiverse.com would
be unsuitable and otherwise violate intellectual property rights.
By participating in the Program you agree that you will not engage
in any such activities. If we reject your application, you are welcome
to reapply to the Program at any time. You should also note that
if we accept your application and your site is thereafter determined
(in our sole discretion) to be unsuitable for the Program, we may
terminate this Agreement.
If at any time following your enrollment in the Program you become a resident of
Arkansas, Colorado, Illinois, New York, North Carolina, Rhode Island, or Wisconsin,
you will become ineligible to participate in the Program and this Agreement will automatically terminate,
on the date you establish residency in that state.
Commissions and Payment Structure
CDU will pay Affiliate Site a fixed commission rate of 10% of the selling price for each non-adult-oriented product purchased and shipped and 20% of the selling price of each adult-oriented item that is purchased and shipped by Affiliate Customer.
CDU will set a 30-day cookie on Affiliate Customers. Affiliates will receive credit for the first purchase made by Affiliate Customer during the 30-day cookie session and the cookie will expire thereafter. The cookie will expire after 30 days when no purchases are made by the Affiliate Customer.
CDU to provide an itemized list of all items that generate commissions.
Itemization to include: Order number, order date, artist, title,
and selling price.
Store credit to be issued to customer account or commission check
to be mailed to Affiliate Site via first class mail within 15 days
of the end of each month. There is a 45-day waiting period before first commission payment can be sent upon signing up with the Program. Commission payments will be sent within 15 days of the end of each month, thereafter.
For affiliates choosing to receive checks, monthly commissions totaling
less than $20.00 will be held for additional months until minimum
payment exceeds $20.00. All payments will be made in US dollars.
Gift certificates are only paid upon redemption and not the purchase of the gift certificate.
When CD Universe receives a chargeback or a product return from the credit card processor
for an order placed through an affiliate account, the commissions
earned for that order will be deducted from the affiliate's commissions
in the month the chargeback or product return occurs.
You may not issue any press release with respect to this Agreement
or your participation in the Program; such action may result in your
termination from the Program. We may modify the text or graphic image
of this notice from time to time. In addition, you may not in any
manner misrepresent or embellish the relationship between us and
you, or express or imply any relationship or affiliation between
us and you or any other person or entity except as expressly permitted
by this Agreement (including by expressing or implying that we support,
sponsor, endorse, or contribute money to any charity or other cause).
In addition, you agree that you will not:
- Directly or indirectly offer any person or entity any
consideration or incentive (including, without limitation, payment
of money (including
any rebate), or granting of any discount or other benefit) for
using Special Links on your site to access the CDU Site.
- Read, intercept,
record, redirect, interpret, or fill in the contents of any electronic
form or other materials submitted to us by any
person or entity; (c) in any way modify, redirect, suppress, or
substitute the operation of any button, link, or other interactive feature of
- Make any orders or subscription requests, or engage in
other transactions of any kind on the CDU Site on behalf of any
third party, or authorize,
assist, or encourage any other person or entity to do so; (e) take
any action that could reasonably cause any customer confusion as
to our relationship with you, or as to the site on which any functions
or transactions (e.g., search, order, browse, and so on) are occurring
other than providing Special Links on your site in accordance with
this Agreement, post or serve any advertisements or promotional
content promoting the CDU Site or otherwise around or in conjunction
the display of the CDU Site (e.g., through any "framing" technique
or technology or pop-up or pop-under windows), or assist, authorize,
or encourage any third party to take any such action.
- Attempt to
intercept or re-direct (including, without limitation, via user-installed
software) traffic from or on, or divert referral
fees from, any web site that participates in the Program.
- Seek to
purchase or register any keywords, search terms or other identifiers
that include the word "CD Universe", "Video Universe", "Adult Video Universe", "Sensual Universe" or variations
thereof for use in any search engine, portal, sponsored advertising
service or other search or referral service. If we determine, in
our sole discretion, that you have engaged in any of the foregoing
activities, we may (without limiting any other rights or remedies
available to us) withhold any referral fees otherwise payable to
you under this Agreement and/or terminate this Agreement.
- Use forced
or automated clicks and/or cookies.
- Inflate the number of applications,
accounts, clicks or other specified compensable actions or any
impressions of the CDU website, by any
method or using any hidden frames, java pop ups, Web bot, robot,
automatic redirecting of users, autospawning of browsers, or any
other technique or means of generating automated click-throughs,
requiring visitors to click on CDU Website.
- Link before entering
any area of Your Site(s), by placing or including Promotions or
links on pages of Your Site that automatically reload
or go to another page without interaction from the user (for example,
client pull or server push technology, METATAG reload, or refresh
command on page html) or on any page that is not generally accessible
to all Web users (for example, pop-up windows and hidden frames).
or use any CDU links except with the intention of delivering valid
sales, leads, applications, accounts, clicks or other specified
- Make submissions containing the CDU Domain
name or any CDU URLs to search engines or other Internet entities.
- Make use of any known Adware program to promote your affiliation.
- Hide referrers or obfuscate the source of traffic.
Affiliates using any of the aforementioned techniques or methods
to establish a click, and/or place a cookie on a users computer will
be terminated without notice and forfeit all outstanding and future
If you purchase media, including but not limited to placements in
any cost per click search or comparison engine or other search engine
in which search result page listing order is determined by payment
to the engine or other third party, you are bound by the above restrictions
Affiliates must describe your store/site/paid advertising as an
affiliation between your site and the CDU site. For instance:
Please Note: The affiliate program is intended to sell our products to visitors to your website. It is not intended for you to purchase products through the program for your own use. Affiliates abusing this policy (in our sole discretion) may result in the withholding of referral fees or the termination of this Agreement.
My Store - in affiliation with CD Universe
My Store - an affiliate of CD Universe
My store CDU affiliate
You will have access to monthly online reports on the activity originating
from your site, which may include information on impressions, click-throughs,
orders, shipments and Referral Fees earned. You acknowledge and agree
that the names and addresses of our customers, and all related information,
shall be the property of CDU exclusively and no rights in or to such
information are granted to you under this Agreement.
Orders and Pricing
We will be responsible for processing orders placed
by customers acquired through the links. We reserve the right to
that do not comply with any requirements that we may periodically
establish. We currently ship to addresses in the U.S, and International
addresses that have established an account with CDU.
Affiliate Site shall not offer static price information for any
items available through the CD Universe Affiliate Program. CDU determines
all prices and policies for purchases made through the Affiliate
Program. Prices and policies on CDU site are subject to change without
You shall be solely responsible for creating, operating
and maintaining your site at your own expense, including, but not
reviewing, deleting, editing, creating, updating and otherwise
content and services available on or through your site. You
agree to promptly inform us of any information related to your site
that could reasonably lead to a claim, demand, or liability
us by any third party. We shall retain all right, title, and
interest in and to our site and you shall retain all right,
title, and interest
in and to your site.
We make no express or implied warranties or representations with
respect to the Program or any products sold through the Program (including,
without limitation, product availability, warranties of fitness,
merchantability, noninfringement, or any implied warranties arising
out of a course of performance, dealing, or trade usage). In addition, we make
no representation that the operation of the CDU Site will be
uninterrupted or error-free, and we will not be liable for the consequences
any interruptions or errors.
Limitation of Liability
We 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 referral fees paid or payable to you under this
Compliance with Laws
As a condition to your participation in the Program, you agree
that while you are a Program participant you will comply with
ordinances, rules, regulations, orders, licenses, permits, judgments,
decisions or other requirements of any governmental authority
that has jurisdiction over you, whether those laws, etc. are
effect or later come into effect during the time you are a Program
participant. Without limiting the foregoing obligation, you agree
that as a condition of your participation in the Program you
will comply with all applicable laws (federal, state or otherwise)
govern marketing email, including without limitation, the CAN-SPAM
Act of 2003 and all other anti-spam laws.
Terms and Termination
The term of this Agreement shall begin on the
date we accept your application, and shall continue thereafter
written notice of termination. Upon the termination of the
Agreement, you agree to immediately cease using the Promotional Material
and to remove all Links and other CDU site promotions on your
This agreement may be terminated with 7 days written notice from
one party to the other. Any commissions due Affiliate Site at the
time of termination to be paid in accordance with this agreement.
Either party may freely disclose the existence of the relationship
by and between Affiliate Site and CDU.
CDU reserves the right to change any of the terms and conditions
of this agreement, at any time and at its sole discretion, without
notice other than by posting a new agreement on the CDU site.
The laws of the United States and of the State of Connecticut shall
govern this agreement.
Specific State Requirements
California affiliates agree not to solicit California purchasers per California Regulation 1684[Section (c)(9)(A)].