TERMS OF AGREEMENT
This agreement describes the entire terms and conditions for participation in the White Buffalo Ventures, LLC. Affiliate Program. The White Buffalo Ventures, LLC. Affiliate Program is operated by White Buffalo Ventures, LLC. In this agreement, the term "Affiliate" refers to you (the applicant), and "sponsoring Web site" refers to the Web site from which you will link to White Buffalo Ventures, LLC.' various online dating sites. Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refer to White Buffalo Ventures, LLC.
 
1. Privacy:
In order to join the Affiliate Program, you will need to provide White Buffalo Ventures, LLC. with an email and password log-in combination. For US based associates a social security number or taxpayer ID number for payment and record keeping purposes. If you do not provide White Buffalo Ventures, LLC. with a valid ssn/ein or tax payer ID, you forfeit your rights to commission payment. Non-US based affiliates need not submit social security number, EIN or taxpayer ID. DO NOT REVEAL YOUR LOG-IN INFORMATION TO ANYONE. If you share your log-in information with a third party, we are not responsible for any changes made to your Personals Profile and/or your affiliate site (GUI) information by said third party. We also reserve the right to terminate this agreement if we discover that you have shared this information with any third party in violation of this agreement.
 
2. Payment:
All Affiliates will be paid by White Buffalo Ventures, LLC. commission fee arrangement and is subject to change by White Buffalo Ventures, LLC. upon 30 days prior written notice to its Affiliates..
Only new subscribers from whom White Buffalo Ventures, LLC. actually collects cash for subscriptions on one of White Buffalo Ventures, LLC. various online dating sites via valid credit card will qualify as a new subscriber on which the commission will be paid. White Buffalo Ventures, LLC. reserves the right to not pay a new subscriber commission on any subscriber who was previously a White Buffalo Ventures, LLC. subscriber and who discontinues such membership and re-signs as a new member under the same or a new user name within 3 months of dropping their old membership, or any other new subscribers who are the result of unreasonable "churning" by the applicable Affiliate. Qualifying new subscribers do not include users of White Buffalo Ventures, LLC. who purchase any other services or goods on the White Buffalo Ventures, LLC. Web site aside from online dating subscriptions.
All affiliate commissions, are calculated based on the net amount of subscriptions earned, less chargebacks, refunds, resignations and other transactions that may occur.
You will receive your payments by check. White Buffalo Ventures, LLC. will send your referral fees and a statement of customer purchase activity to the Affiliate within approximately 30 days after the end of each calendar month.
 
3. Refunds and Chargebacks:
If a subscription is later refunded to the customer or charged back by the customer, the referral fee, and any affiliated charge back fees, will be deducted from the next monthly payment sent to the Affiliate. Additionally, all affiliate commissions, are calculated based on the net amount of subscriptions earned, less chargebacks, refunds, resignations and other transactions that may occur.
 
4. Subscription Payment Processing:
White Buffalo Ventures, LLC. will be solely responsible for processing every subscription order placed by a customer. Subscription orders will be accepted via the White Buffalo Ventures, LLC. online ordering process. Payment processing, renewal payment processing, cancellations and refund processing, and related customer service are the responsibility of White Buffalo Ventures, LLC. All of the rules, operating procedures and policies of White Buffalo Ventures, LLC. regarding customer subscriptions will apply to all subscription orders we receive through the Affiliate's referrals. White Buffalo Ventures, LLC. reserves the right to reject any subscription order that does not comply with our rules, operating procedures and/or policies. Affiliate is not permitted to make any exceptions from these rules or otherwise communicate with subscribers about these rules except with White Buffalo Ventures, LLC. 's prior authorization.
 
5. Subscription Sales Tracking:
White Buffalo Ventures, LLC. will be solely responsible for tracking subscription sales. Statements of subscription sales activity will be provided to the Affiliate. To protect White Buffalo Ventures, LLC. customer privacy, the names or other personal information about specific customers will not be provided to the Affiliate but shall be retained exclusively by White Buffalo Ventures, LLC. . In addition, all personal information about specific customers collected by White Buffalo Ventures, LLC. shall be owned solely and exclusively by White Buffalo Ventures, LLC. . Affiliate agrees to comply with the posted White Buffalo Ventures, LLC. privacy policy, as it may be changed from time to time, with regard to any personal information collected by Affiliate from subscribers of White Buffalo Ventures, LLC. in their status of White Buffalo Ventures, LLC. subscribers. Affiliate need not comply with the White Buffalo Ventures, LLC. privacy policy in its other dealings with persons who are also White Buffalo Ventures, LLC. subscribers as long as it is clear to the user that they are not dealing with Affiliate as a representative of White Buffalo Ventures, LLC. when such information is being collected.
 
6. Copyrighted material:
As an Affiliate, you are solely responsible for ensuring that any and all materials provided by you, including your logo and preamble text do not infringe upon the rights, including the intellectual property rights, of any third parties. You must have express permission to use another party's copyrighted material. White Buffalo Ventures, LLC. will not be responsible if you use another party's copyrighted material in violation of the law. Between White Buffalo Ventures, LLC. and Affiliate, the following will apply:

A. Each party shall retain all right, title and interest in and to its respective trademarks, service marks and trade names worldwide ("Intellectual Property") subject to a limited non-exclusive, non-transferable license necessary to perform this Agreement. Each party grants the other a royalty-free, non-exclusive, non-transferable license, during the term of this Agreement to include such party's pre-approved Intellectual Property solely in connection with the promotions and marketing contemplated hereunder as set forth above.

B. Each party shall use the other's Intellectual Property only as provided, and shall not alter the Intellectual Property in any way, nor shall it act or permit action in any way that would impair the rights of the owning party in its Intellectual Property. Each party acknowledges that its use of the other party's Intellectual Property shall not create any right, title or interest in or to such Intellectual Property. Each party shall have the right to monitor the quality of the other party's use of its Intellectual Property. Any references to a party's Intellectual Property shall contain the appropriate trademark, copyright or other legal notice provided from time to time by owning party.

C. Neither party may alter or remove any proprietary notices from the other's Intellectual Property. Any goodwill accruing from the use of such Intellectual property shall inure to the licensor of such Intellectual Property hereunder.

D. Each party expressly reserves all rights not granted to the other party herein.

E. Affiliates are prohibited from using the individual profiles and information of White Buffalo Ventures, LLC. users on their referring affiliate site or anywhere else. Any use of a White Buffalo Ventures, LLC. user profile as an advertisement or for any other use on a White Buffalo Ventures, LLC. referring affiliate site or elsewhere is strictly prohibited and unauthorized. Doing so violates the privacy policy of the White Buffalo Ventures, LLC. User Agreement and will result in immediate termination or suspension of your affiliation with White Buffalo Ventures, LLC. .
 
7. White Buffalo Ventures, LLC. Policies Apply to All Orders:
Every customer who buys a subscription through this program is deemed to be a customer of White Buffalo Ventures, LLC. . Affiliate does not have the authority to make or accept any offer on behalf of White Buffalo Ventures, LLC. . All White Buffalo Ventures, LLC. policies regarding customer orders, including pricing and problem resolution, will apply to these customers. White Buffalo Ventures, LLC. is not responsible for any representations made by Affiliate that contradict our policies.
 
8. Prices and Availability:
The price charged for subscriptions sold under this program will be determined by White Buffalo Ventures, LLC. according to our own pricing policies. Prices may vary from time to time as determined in White Buffalo Ventures, LLC. 's sole discretion. White Buffalo Ventures, LLC. policies will always determine the price paid by the customer.
 
9. Acknowledging White Buffalo Ventures, LLC. on the Sponsoring Web site:
A small graphic image will be displayed on the Affiliate's Personals Pages that identifies the sponsoring Web site as a White Buffalo Ventures, LLC. Affiliate Program Affiliate. The image and the phrase "... in association with the "Site Name" Affiliate Program (where "Site Name" refers to the various sites with which Affiliate desires to become affiliated) will be prominently displayed on all Affiliate pages. For Example, "in association with LonghornSingles.com Affiliate Program."
 
10. Prohibited Content:
No website which is a member of the White Buffalo Ventures, LLC. Affiliate Program may display any of the following content or engage in any of the following activity. White Buffalo Ventures, LLC. reserves the right to immediately terminate this Agreement and to remove all White Buffalo Ventures, LLC. Intellectual Property from Affiliate's site and to sever all links to the Affiliate's pages if any of the following content or activity is present:
  • Sexually explicit material (pornography);
  • Violent images or messages that promote violence;
  • Promotion of discrimination based on race, sex, religion, national origin, physical disability, sexual orientation or age;
  • Promotion of illegal activities;
  • Promotion or display of defamatory, libelous or harmful material or material that otherwise infringes upon the rights of any third parties;
  • Content that is inconsistent with White Buffalo Ventures, LLC. 's policies and/or practices;
  • Spamming (repeated, unsolicited emails) of Affiliate's users who have purchased a White Buffalo Ventures, LLC. subscription
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    11. Web Site Service Interruption:
    White Buffalo Ventures, LLC. will make every effort to keep its Web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate agrees not to hold White Buffalo Ventures, LLC. liable for any of the consequences of such interruptions.
     
    12. Term of the Agreement:
    Affiliate will receive referral fee payments on orders that are placed during the term of this agreement. Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the subscriptions are not refunded. Payment of the final referral fee payment to Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.
     
    13. Modifications:
    White Buffalo Ventures, LLC. reserves the right to change any of the terms and conditions in this Agreement, at any time and in its sole discretion, upon prior notice to Affiliate by posting a new agreement on our Web site. Such new terms will take effect 10 days after posting. Without limiting the generality of the foregoing, referral fee schedules, and all other provisions of this Agreement are subject to change without notice other than posting such information on our Web site, except that we will not reduce the referral fees on subscriptions purchased prior to the effective date of the modifications to this Agreement. Affiliate may not change or modify this Agreement.
     
    14. Cancellation of this Agreement:
    Either party, acting in their sole discretion, may choose to cancel this Agreement at any time by written notice of cancellation to the other. Such cancellation will be effective 3 days after notice to the other party unless the Agreement is terminated by White Buffalo Ventures, LLC. for violation of Section 15, in which case termination will be effective immediately upon notice to the Affiliate by White Buffalo Ventures, LLC. . Affiliates should know that White Buffalo Ventures, LLC. intends to terminate any Affiliate that generates $0 referral fees during a consecutive 120 day period.
     
    15. Warranty Disclaimer:
    White Buffalo Ventures, LLC. makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in White Buffalo Ventures, LLC. then current terms and conditions which are posted on the Web site, any subscriptions sold hereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. Further, White Buffalo Ventures, LLC. expressly disavows any obligation to indemnify Affiliate or any of its representatives or owners in connection with any lawsuit or other proceeding arising out of any of Affiliate's users use of White Buffalo Ventures, LLC. .
     
    16. Limitation of Damages:
    White Buffalo Ventures, LLC. shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or the program, even if White Buffalo Ventures, LLC. has been advised of the possibility of such damages. Further, White Buffalo Ventures, LLC. 's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by White Buffalo Ventures, LLC. to Affiliate under this Agreement.
     
    17. Representations and Warranties:
    Affiliate represents and warrants that it has the necessary and full rights, power, authority and capabilities to enter into this Agreement and to perform its obligations hereunder; that it owns or controls the rights granted or licensed to the other party herein; and that the execution of and performance of its obligations under this Agreement will not violate the rights of any third party, nor any applicable federal, state and local law or regulation.
     
    18. Indemnification:
    Affiliate shall defend, indemnify and hold harmless White Buffalo Ventures, LLC. , its parent, subsidiary and affiliated companies and its and their directors, officers, employees, affiliates and agents, against any claim, demand, cause of action, debt or liability, including reasonable attorney's fees, to the extent that (i) it is based upon a breach of Affiliate's representations, warranties or obligations hereunder; (ii) it arises out of the negligence or willful misconduct of Affiliate; or (iii) it is based upon Affiliate's violation of any applicable federal, state or local law or regulation in providing products or services hereunder.
     
    19. Miscellaneous:
    Affiliate and White Buffalo Ventures, LLC. are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Affiliate shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of White Buffalo Ventures, LLC. Subject to the foregoing restriction, this Agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. Affiliate and White Buffalo Ventures, LLC. agree that the terms of this Agreement and the Agreement itself are confidential and neither party shall divulge the business terms and conditions of this Agreement or the existence of the Agreement itself without the prior written consent of the other party.
     
    20. Governing Law:
    This Agreement shall be governed by the laws of the United States and the State of Texas without reference to its choice of law principles.
     
     

    I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.