Affiliate Publisher Agreement
This Affiliate Publisher Agreement (the “Agreement”) is made and entered into by and between Zetaniche
(“Zetaniche” or “we”), and you, (“you” or “Affiliate”) the party submitting an application to become a Zetaniche
The terms and conditions contained in this Agreement apply to your participation with aff.zetaniche.com
(“Affiliate Program”). Each Affiliate Program offer (an “Offer”) may be for any offering by Zetaniche or a third
party (each such third party a “Client”) and may link to a specific web site for that particular Offer (“Program
Furthermore, each Offer may have additional terms and conditions on pages within the Affiliate Program
and are incorporated as part of this Agreement. By submitting an application or participating in an Offer, you
expressly consent to all the terms and conditions of this Agreement.
1. Enrollment in the Affiliate Program
You must submit an Affiliate Program application from our website, or your account manager will create your
affiliate account. You must accurately complete the application to become an affiliate (and provide us with
future updates) and not use any aliases or other means to mask your true identity or contact information. After
we review your application, we will notify you of your acceptance or rejection to the Affiliate Program. We may
accept or reject your application at our sole discretion for any reason.
2. Obligations of the Parties
Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions
of this Agreement, Zetaniche agrees as follows:
We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/
or other creative materials (collectively, the “Links”) which you may display on web sites owned or controlled by
you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively,
“Media”). The Links will serve to identify you as a member of our Affiliate Program and will establish a link
from your Media to the Program Web Site.
We will pay Affiliate for each Qualified Action (the “Commission”). A “Qualified Action” means an individual
- accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site,
- is not a computer generated user, such as a robot, spider, computer script or other automated,
artificial or fraudulent method to appear like an individual, real live person,
- is not using pre-populated fields
- completes all of the information required for such action within the time period allowed by Zetaniche
- is not later determined by Zetaniche to be fraudulent, incomplete, unqualified or a duplicate.
All actions which are not Qualified Action will be marked as fraud, and they will not be payed. Fraud
commisions will be stated in invoice for each offer where they happen in monthly invoice. Affiliate agree that
Fraud commisions are determined by Zetaniche and cant claim any discrepancy. Zetaniche can provide list
of click ids for Fraud comissions upon Affiliates request.
Zetaniche shall pay any amount due to you on or about the 15th day of each month, including the total undisputed revenue generated during the previous month. We reserve the right to pay you earlier than the 15th of each month, as negotiated on a case-by-case basis. No payments will be issued for any amount less than $100 US dollars (the "Payment Threshold"). Any amount below the Payment Threshold shall be aggregated and paid when the Payment Threshold has been met. We reserve the right to make a chargeback on your account for any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.
Zetaniche shall generate an invoice on behalf of the Affiliate for all Commissions payable under this Agreement, and shall remit payment to the Affiliate based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by Zetaniche at its sole discretion. In the event the Affiliate disputes, in good faith, any portion of an invoice, the Affiliate must submit that dispute to Zetaniche in writing and in sufficient detail within seven (7) days of the date on the invoice. If the Affiliate does not dispute the invoice as set forth herein, then the Affiliate agrees to irrevocably waive any claims based upon that invoice.
In the event that the Affiliate is also tracking Qualified Actions, and the Affiliate claims a discrepancy, then the Affiliate must provide Zetaniche with the Affiliate’s own reports within three (3) days after the end of the month, and if Zetaniche’s and the Affiliate’s reported statistics vary by more than 10%, and Zetaniche reasonably determines that the Affiliate has used generally accepted industry methods to track Qualified Actions, then Zetaniche and the Affiliate agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at reconciliation, then Zetaniche’s statistics shall govern.
Payment for Commissions is dependent on the Clients of Zetaniche providing such funds to Zetaniche, and therefore, you agree that Zetaniche shall only be liable to you for Commissions to the extent that Zetaniche has received such funds from the Clients. You hereby release Zetaniche from any claim for Commissions if Zetaniche has not received such funds from the Clients. Chargebacks requested by an Advertiser may be applied up to sixty (60) days after the end of the month in which the applicable amount was earned. The number or amount of actions, credits for payments and debits for chargebacks, as calculated by the Company, shall be final and binding.
If Affiliate has an outstanding balance due to Zetaniche under this Agreement or any other agreement between
the Affiliate and Zetaniche, whether or not related to the Affiliate Program, Affiliate agrees that Zetaniche may
offset any such amounts due to Zetaniche from amounts payable to Affiliate under this Agreement.
Affiliate also agrees to:
- Have sole responsibility for the development, operation, and maintenance of, and all content on or
linked to, your Media.
- Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program
(i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party and
(iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually
explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race,
ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity
or otherwise contains materials that Zetaniche informs you that it considers objectionable (collectively,
- Not make any representations, warranties or other statements concerning Zetaniche or Client or any of
their respective products or services, except as expressly authorized herein.
- Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or
create the impression that your Media is endorsed by Zetaniche or Clients or a part of the Program Web
Site, without prior written permission from us.
- Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules
and regulations as they relate to your business, your Media or your use of the Links.
- Comply with the terms, conditions, guidelines and policies of any third party services used by Affiliate
in connection with the Affiliate Program, including but not limited to, email providers, social networking
services and ad networks.
- Always prominently post and make available to end-users, including prior to the collection of any
and thoroughly discloses all information collection, use and sharing practices, including providing for
the collection of such personally identifiable information in connection with the Affiliate Program and
the provision of such personally identifiable information to Zetaniche and Clients for use as intended by
Zetaniche and Clients.
- Always prominently post and make available to end-users any terms and conditions in connection with
the Offer set forth by Zetaniche or Client, or as required by applicable laws regarding such Offers.
- Make sure to not place Zetaniche ads on any online auction platform (i.e. eBay, Amazon, etc).
The following additional program-specific terms shall apply to any promotional programs set forth below:
Advertising Zetaniche sites and services through the use of e-mail or links within e-mail is not permitted
unless specifically approved. Zetaniche reserves the right to suspend and/or terminate any affiliate account
without further notice or pay if it is discovered that the affiliate (or someone acting on his behalf) has violated
this rule. If you would like to promote any of Zetaniche sites by e-mail please send a request to support@
zetaniche.com. Any email marketing which is not previously approved by Zetaniche, including spamming of
any sort and violation of any of the applicable rules and regulations will result in an immediate ban from the
affiliate program without pay. It is your responsibility to obtain a copy of our email policy guidelines before you
start promoting any of our campaigns via email marketing.
No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise
agreed by Zetaniche in writing. Any pop-ups/unders used for the Affiliate Program shall be clearly identified
as Affiliate served in the title bar of the window and any client-side ad serving software used by Affiliate shall
only have been installed on an end-user’s computer if the function of the software is clearly disclosed to endusers
prior to installation, the installation is pursuant to an affirmatively accepted and plain-english end user
license agreement and the software be easily removed according to generally accepted methods.
Affiliate Network Campaigns.
For all Affiliate’s that maintain their own affiliate networks, Affiliate agrees to place the Links in its affiliate
network (the “Network”) for access and use by those affiliates in Affiliate’s Network (each a “Third Party
Affiliate”). Affiliate agrees that it will expressly forbid any Third Party Affiliate to modify the Links in any
way. Affiliate agrees to maintain its Network according to the highest industry standards. Affiliate shall not
permit any party to be a Third Party Affiliate whose web site or business model involves content containing
Objectionable Content. All Third Party Affiliates must be in good standing with Affiliate. Affiliate must require
and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this Agreement prior
to obtaining access to the Links. Affiliate shall promptly terminate any Third Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects any wrongdoing by a Third Party Affiliate with respect to the Links, Affiliate
shall promptly disclose to Zetaniche the identity and contact information for such Third Party Affiliate. Affiliate
shall promptly remove any Third Party Affiliate from the Affiliate Program and terminate their access to future
Offers of Zetaniche in the Network upon written notice from Zetaniche. Unless Zetaniche has been provided
with all truthful and complete contact information for a Third Party Affiliate and such Third Party Affiliate has
affirmatively accepted this Agreement as recorded by Zetaniche, Affiliate shall remain liable for all acts or
omissions of any Third Party Affiliate.
Except as otherwise provided in this Agreement or with the consent of Zetaniche, you agree that all information,
including, without limitation, the terms of this Agreement, business and financial information, customer and
vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf
of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by
you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that
any such information is generally known or available to the public through a source other than you. Affiliate
shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service
that competes with the Affiliate Program, or assist another party to do the same.
4. Limited License & Intellectual Property
Affiliates are not allowed to modify the company or websites’ logos in any shape or form. Should you wish to
obtain a copy of a specific size/format, you can send your request by email. Affiliates are not allowed to register
any domain names which are identical to or similar to our brands and trademarks, both registered marks and
unregistered marks. Affiliates are specifically prohibited from creating negative sites in order to drive traffic
towards our sites e.g. www.Zetaniches.com . Any use of our trademarks, registered and unregistered is
prohibited without our express permission.
Affiliates are not allowed to copy or “lift” text or photos or any other content from any of the Zetaniche websites.
If you would like to use some copy to promote one of our sites and have found some useful information on
our sites, we ask you to re-phrase the texts. Failure to do so can result in rejection from the affiliate program.
It is prohibited to use any text ads created by affiliate himself unless the creatives have been approved by
It is prohibited to post any information that does not correspond to the authentic data about the services
offered and may affect the Company’s reputation or be a reason for customer complaints (Example: ‘Limited
time Offer’/’Offer Expires: today’s_date’ / ‘Free Chatroom’ / or any other paid features available for Premium
Any trademarks of Google, Apple companies and their subsidiaries including but not limited to Google Play
and iTunes are prohibited to be used on any adult, pornographic, sexually explicit or offensive creatives and
promotion pages. It is prohibited to abuse any third party copyright or trademarks.If we become aware of any
affiliate breaching this provision and are contacted by the third party whose rights have been infringed, we
shall provide that third party with any and all assistance they require to pursue a claim against you.
We grant you a nonexclusive, nontransferable, revocable right to use the Links and to access our web site
through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program
You may not alter, modify, manipulate or create derivative works of the Links or any Zetaniche graphics,
creative, copy or other materials owned by, or licensed to, Zetaniche in any way. You are only entitled to use
the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your
license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement
is intended to grant you any rights to any of Zetaniche’s trademarks, service marks, copyrights, patents or
trade secrets. You agree that Zetaniche may use any suggestion, comment or recommendation you choose
to provide to Zetaniche without compensation. All rights not expressly granted in this Agreement are reserved
This Agreement shall commence on the date of signing and shall continue thereafter until terminated as
provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links
from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers
or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to
you by disabling the Links or providing you with a written notice. Upon termination of your participation in
one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all
Links, plus all Zetaniche or Client intellectual property, and will cease representing yourself as a Zetaniche or
Client affiliate for such one or more Offers. All rights to validly accrued payments, causes of action and any
provisions, which by their terms are intended to survive termination, shall survive any termination.
6. Affiliate Rejections
Although all affiliate applications are approved by our account manager, we reserve the right to suspend/
reject an affiliate when:
- Our terms and conditions have been breached
- Our PPC Guidelines and Email Policy have not been properly followed
- Your site has been using our brand name to promote a dating site that is not part of our portfolio
- Your site is a free-hosted site
- Your site only contains banners and very little content
- Your site is not relevant to our industry
- Your site is still under construction
- Your site is not available or is returning an error
- Your site contains unacceptable or offensive material
- You are operating an automatic re-direct from your site to one of our domains
- Your website(s) takes payments from customers for the provision of services of a sexual nature
- Your website(s) contains illegal photographic material or content
In addition to any other rights and remedies available to us under this Agreement Zetaniche reserves the
right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or
charge back paid Commissions to your account if:
- Zetaniche determines that you have violated this Agreement,
- Zetaniche receives any complaints about your participation in the Affiliate Program which Zetaniche
reasonably believes to violate this Agreement or
- any Qualified Action is later determined to have not met the requirements set forth in this Agreement
or on the Affiliate Program. Such withholding or freezing of Commissions, or charge backs for paid
Commissions, shall be without regard as to whether or not such Commissions were earned as a result
of such breach. In the event of a material breach of this Agreement, Zetaniche reserves the right to
disclose your identity and contact information to appropriate law enforcement or regulatory authorities
or any third party that has been directly damaged by your actions.
7. Anti-Spam Policy
You must strictly comply with the federal CAN-SPAM Act of 2003 (the “Act”). All emails sent in connection with
the Affiliate Program must include the appropriate party’s opt-out link. From time to time, we may request -
prior to your sending emails containing linking or referencing the Affiliate Program that you submit the final
version of your email to Zetaniche for approval by sending it to your Zetaniche representative and upon
receiving written approval from Zetaniche of your email the email may be transmitted to third parties.
It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon Zetaniche’s
approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act
based upon Zetaniche’s approval.
You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud,
violate any applicable law, interfere with other affiliates or falsify information in connection with referrals
through the Links or the generation of Commissions or exceed your permitted access to the Affiliate Program.
Such acts include, but are in no way limited to, using automated means to increase the number of clicks
through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing
and other deceptive acts or click-fraud. Zetaniche shall make all determinations about fraudulent activity in
its sole discretion.
9. Representations and Warranties
You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation,
enforceable against you in accordance with its terms and that you have the authority to enter into this
Agreement. Subject to the other terms and conditions of this Agreement, Zetaniche represents and warrants
that it shall not knowingly violate any law, rule or regulation which is applicable to Zetaniche’s own business
operations or Zetaniche’s proprietary products or services.
In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and
conditions of this Agreement at any time by providing you with a notification by email. The changes will
become effective ten (10) business days after such notice. If the modifications are unacceptable to you,
you may terminate this Agreement without penalty solely on the account of such termination within such ten
(10) business day period. Your continued participation in this Affiliate Program ten (10) business days after
a change notice has been posted will constitute your acceptance of such change. In addition, Zetaniche
may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags,
text, graphic or banner ad in connection with a Link. Affiliate agrees to promptly implement any request from
Zetaniche to remove, alter or modify any Link, graphic or banner ad that is being used by Affiliate as part of
the Affiliate Program.
11. 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 participating in the Affiliate Program and each Offer and are not
relying on any representation, guarantee or statement other than as set forth in this Agreement or on the
12. Mutual Indemnification
Affiliate hereby agrees to indemnify, defend and hold harmless Zetaniche and Clients and their respective
subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any
and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses
(including reasonable attorneys’ fees and costs) based on (i) any failure or breach of this Agreement, including
any representation, warranty, covenant, restriction or obligation made by Affiliate herein, (ii) any misuse by
Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, of the
Links, Offers or Zetaniche or Client intellectual property, or (iii) any claim related to your Media, including but
not limited to, the content contained on such Media (except for the Links).
Zetaniche hereby agrees to indemnify, defend and hold harmless Affiliate and its subsidiaries, affiliates,
partners, and their respective directors, officers, employees, owners and agents against any and all claims,
actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including
reasonable attorneys’ fees and costs) based on a claim that Zetaniche is not authorized to provide you with
THE AFFILIATE PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN
CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE “AS IS”. EXCEPT AS EXPRESSLY SET
FORTH HEREIN, ZETANICHE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING
OUT OF COURSE OF DEALING, USAGE, OR TRADE. ZETANICHED DOES NOT WARRANT THAT THE
AFFILIATE PROGRAM OR LINKS WILL MEET AFFILIATE’S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR- FREE OR
UNINTERRUPTED. Zetaniche EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF
A CLIENT OR THEIR PRODUCTS OR SERVICES. Zetaniche DOES NOT GUARANTEE THAT AFFILIATE
WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
14. Limitation of Liability
IN NO EVENT SHALL Zetaniche BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE
LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION
OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND
THE REASONABLE CONTROL OF Zetaniche. IN NO EVENT WILL Zetaniche BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF
BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT
Zetaniche HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. Zetaniche’S CUMULATIVE LIABILITY
TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO
AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY Zetaniche IN COMMISSIONS DURING
THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
15. Governing Law & Miscellaneous
Affiliate shall be responsible for the payment of all attorneys fees and expenses incurred by Zetaniche to
enforce the terms of this Agreement. This Agreement contains the entire agreement between Zetaniche
and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous
agreements or understandings, written or oral. Affiliate agrees that Zetaniche shall not be subject to or bound
by any Affiliate insertion order or online terms and conditions that amend, conflict with or supplement this
Agreement, regardless of whether Zetaniche “clicks through” or otherwise indicates its acceptance thereof.
Affiliate may not assign all or any part of this Agreement without Zetaniche’s prior written consent. Zetaniche
may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will inure
to the benefit of the legal representatives, successors and valid assigns of the parties hereto. The provisions
of Section 3, 4(b), 6, 7, 8, 12-15 and any accrued payment obligations shall survive the termination of this
Agreement. Except as set forth in the “Modifications” section above, this Agreement may not be modified
without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or
inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any
provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the
original intent of the parties. Each party to this Agreement is an independent contractor in relation to the other
party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a
partnership, joint venture, association or employment relationship between the parties. No course of dealing
nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of
any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
By submitting and application to Affiliate Program, you affirm and acknowledge that you have read this
Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to
be bound by this Agreement, you should not submit an application to Affiliate Program. If an individual is
accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement. This Agreement was last
revised on 01-09-2015.
These terms are governed by the law of Cyprus and parties submit to the exclusive jurisdiction of the courts