Affiliate Terms of Services
Youreeeka Affiliate Terms of Service This Agreement contains the complete Terms of Service that apply to an individual's or entity's participation in the Youreeeka Affiliate Program. As used in this Agreement, "we" means Youreeeka! or Content Owners (Producers) and "you" means the Affiliate. "Site" means a World Wide Web site, blog or social networking site, and, depending on the context, refers to any of the URLs associated with us or this Affiliate Program, or to any site that you will link to our site. “Embeddable code” refers to any embeddable Youreeeka Player, Youreeeka images and links that signify your affiliation with Youreeeka.
1. Enrollment in the Affiliate Program In order to become a Youreeeka Affiliate, you must be a Youreeeka Member and place embeddable code on any web outlet. Despite your acceptance into the program, we may revoke your Affiliation if it is determined (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 sexually explicit materials
- include any brand associated or affiliated with Youreeeka, or clients, or variations or misspellings thereof in their domain top-level, domain name (e.g., ".com", ".net", etc.), e-mail addresses, printed materials, or other representations to the public.
- otherwise violate intellectual property rights.
If your affiliation is revoked, you are welcome to rejoin the Affiliate Program at any time as long as the embeddable code is placed on a site that is deemed appropriate by the terms of this agreement.
2. Utilizing Our Embeddable Code on Your Site As an Affiliate, we will make available to you an embeddable player to stream video content and enable purchases to be made through. All purchases made through your player will be tagged with your unique Youreeeka Account information. A player may not be modified and/or expanded in any way. We have the right in our sole discretion to monitor your site at any time to determine if you are in compliance with the terms of this Agreement.
3. Transaction Processing Youreeeka’s secure, PCI compliant payment gateway will process transactions placed by customers who purchase content through your embeddable player. We reserve the right to reject transactions that do not comply with any requirements that we may establish periodically. We will track sales made to customers who purchase streaming video content through the embeddable code on your site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion.
4. Payment We will pay you (in accordance with terms below) commission on content purchased by third parties through your embeddable player. For a sale to be eligible to earn commission, the customer must successfully complete a purchase through your embeddable player. You may not: (a) 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 your embeddable player to purchase content through (e.g., by implementing any "rewards" program for persons or entities who use the your embeddable player to purchase content through); (b) 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 our site; (d) you may not, in any way, represent to a third party that you are responsible for any of the aspects of the Affiliate Relationship which we in fact provide. 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 commission otherwise payable to you under this Agreement and/or terminate this Agreement.
5. Commissions and Payment The applicable commission rate is displayed on the player embed code panel. The commission is chosen by the content producer and varies from one video to the next. Payments will be made by corporate check within 60 days from the date of purchase, and each month thereafter when the balance owed exceeds $50. If the player/link has been deactivated at your request or ours, you will not be paid for the commissions earned prior to the deactivation, unless the amount exceeds $50.
6. Policies and Pricing Customers who buy content through this Affiliate Program will be deemed to be customers of Youreeeka. Accordingly, all Youreeeka rules, policies, and operating procedures concerning transactions, customer service, and streaming video content sales will apply to those customers. We may change our policies and operating procedures at any time. Content availability may vary from time to time.
7. Identifying Yourself as an Affiliate We will make available to you the embeddable player/links for your website which will indicate your Affiliation with Youreeeka. We may modify the player (dimensions, new features, etc) from time to and all embeddable players/links will be automatically updated when the changes are final. Other than in a subscription player, we will not change the content of the player without notifying you unless your Affiliation with Youreeeka has been terminated, in which case, the content will no longer appear. 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 Youreeeka supports, sponsors, endorses, or contributes money to any charity or other cause).
8. Limited License We grant you a nonexclusive, revocable right to use the Youreeeka embeddable player/links on your site. You may not modify the image, player or embeddable code in any way without our prior consent. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your Affiliate rights at any time.
9. Responsibility for Your Site You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- the technical operation of your site and all related equipment
- adding the buttons, links, and any other information proper under this agreement to your site
- the accuracy and appropriateness of materials posted on your site (including, among other things, all content-related materials)
- ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- ensuring that materials posted on your site are not libelous or otherwise illegal
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
10. Prohibition on Unsolicited Commercial E-mail (No Spam) As a Youreeeka Affiliate, you agree to abide by the
CAN SPAM ACT of 2003. Failure to comply with this act will result in the immediate termination of an Affiliate's relationship with us, per section 12 below, including forfeiture of Affiliate's commissions receivable. Violations shall be determined to have occurred at the sole discretion of Youreeeka.
View a summary of this act's major provisions.
11. Prohibition on Comment Spam - Blog Comment Spam - You agree not to post comments on blogs used for the sole purpose of keyword spamming, or post comments on legitimate blogs that violate the comment policy of the blog owner. You further agree that it is your responsibility to make yourself aware of any blog rules or policies.
- Forum, Newsgroup, Message Board, and Chat Room Spam - You agree not to post messages to forums, newsgroups, message boards, and chat rooms that are unrelated to the topic of discussion, cross-posted to unrelated forums, newsgroups, message boards, and chat rooms, posted in excessive volume, or posted in against the rules of the forum, newsgroup, message board and chat room. You further agree that it is your responsibility to make yourself aware of any forum, newsgroup, message board, and chat room rules.
- Instant Messaging (IM) and Relay Chat Spam - You agree not to post solicitations to individuals and groups you do not know via Instant Messaging systems (i.e. AOL Instant Messenger, Skype, and Trellian). You further agree that it is your responsibility to make yourself aware of any Instant Messaging and Relay Chat rules.
12. Prohibition on Software to Interfere with Referrals (Parasiteware) You may not employ software to interfere with, or redirect, referrals of another Youreeeka Affiliate. You may not interfere with or seek to improperly influence the referral of a potential customer or visitor to the website of another Youreeeka Affiliate. This includes the use of technology to alter or replace the embeddable player/links or other tracking identifier of any Youreeeka Affiliate or Youreeeka's websites, with the identification of another Affiliate. No Affiliate may otherwise intercept or redirect an end-user from completing a purchase through a Youreeeka embeddable Player/links located on another Youreeeka Affiliate’s site. You may not use passive or invisible methods to generate referrals. All referrals must be initiated by an affirmative end-user action.You may not employ technology to alter, change, substitute, or modify the content of another Youreeeka Affiliate’s embeddable player/link and customer transactions which will take place through that player.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 commissions otherwise payable to you under this Agreement and/or terminate this Agreement.
13. Term of the Agreement The term of this Agreement will begin upon the placement of Youreeeka embeddable player/links on the web space you control and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, the Youreeeka embeddable player/links on your site will be deactivated and you will immediately cease use of, and remove from your site, all links to our site, and all Youreeeka trademarks, trade dress, and logos, the Youreeeka embeddable player/links, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Affiliate Program. You are eligible to earn commission only on our sales of video content that occur during the term, and referral fees earned through the date of termination will remain payable only if the commissions payable to you meets or exceeds $50.00. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid, or in the case of a violation of section 11 regarding unsolicited commercial e-mail, any commission payable may be forfeit.
14. Modification We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available commission, commission schedules, payment procedures, and Affiliate Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM, FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE, WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
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.
16. 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 Affiliate 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
17. Disclaimers We make no express or implied warranties or representations with respect to the Program or any video content sold through the Affiliate Program (including, without limitation, warranties of fitness, 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 our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. Customers purchasing video content through your site are covered by the Youreeeka Terms of Service. The content provided through the Youreeeka embeddable player/links provided by Youreeeka, for the web space you control, will include these terms.
18. Confidentiality We may disclose to you certain information as a result of your participation as part of the Affiliate Program, which information we consider being confidential (herein referred to as "Confidential Information"). For purposes of this agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program; web site, business and financial information relating to us; customer and vendor lists relating to us; and pricing and sales information for us and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.
19. Independent Investigation YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MA
AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
20. Miscellaneous This Agreement will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in San Diego, California, and you consent irrevocably to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
