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Operating Agreement

This agreement describes the entire terms and conditions that apply to an individual or entity’s participation in the CD Universe Affiliate Program. In this agreement, "Affiliate Site" refers to you, the applicant, and your Internet site. "CDU" refers 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 your application.

Program Enrollment

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
  • Promote illegal activities
  • Include "CD Universe," “Video Universe,” “Games 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.

Chargebacks
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.

Promotional Restrictions

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 CDU site.
  • 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 with 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).
  • Place or use any CDU links except with the intention of delivering valid sales, leads, applications, accounts, clicks or other specified compensable actions.
  • 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 commissions.

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 as well.

Affiliates must describe your store/site/paid advertising as an affiliation between your site and the CDU site. For instance:
My Store - in affiliation with CD Universe
My Store - an affiliate of CD Universe
My store – CDU affiliate

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.

Reporting

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 reject orders 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 notice.

Site Management

You shall be solely responsible for creating, operating and maintaining your site at your own expense, including, but not limited to, reviewing, deleting, editing, creating, updating and otherwise managing all 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 of or against 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.

Disclaimers

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 of 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 Agreement.

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 all laws, 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 now in 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) that 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 until either party provides 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 site.

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)].

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