TERMS AND CONDITIONS
AFFILIATE PROGRAM AGREEMENT
General Terms and Conditions for Affiliates, last updated 12 2020
READ THIS AGREEMENT CAREFULLY
You should read the following terms and conditions carefully before subscribing to this Affiliate Program Agreement (the "Agreement"). Your acceptance of these terms in accordance with the procedures set out at the end of this Agreement indicates your acceptance of the terms and conditions of this Agreement
LUST PRODUCTIONS S.L, an association established by law and existing under the laws of Spain, with CIF registration number B63521165, having its registered address at street Diputacio 185, floor Principal, 08011 Barcelona, provides the LUST PRODUCTIONS S.L services to customers from the Erika Lust Films Sites.
You, the affiliate, have requested access to Link to one or more of the Erika Lust Films Sites and Your acceptance of these Terms and Conditions forms a binding contractual agreement between you and Lust Productions S.L
The Rights hereby granted to you by LUST PRODUCTIONS S.L under this Agreement shall commence on the Commencement Date and continue until terminated by either party in accordance with this Agreement. In addition, LUST PRODUCTIONS S.L may terminate this Agreement immediately upon notice to you of your breach of any provision of this Agreement.
3. REFUSAL OF YOUR APPLICATION
LUST PRODUCTIONS S.L reserves the Right to refuse your Application for the Right to Link to the Erika Lust Films Sites after you have accepted the terms and conditions of this Agreement. LUST PRODUCTIONS S.L may refuse your Application if your website is deemed by LUST PRODUCTIONS S.L to be unsuitable because, in LUST PRODUCTIONS S.L's opinion, it:
(a) contains, promotes or links to sexually explicit material or violent material or promotes adult services such as phone sex or escort services;
(b) contains, promotes or links to material containing explicit, vulgar or obscene language;
(c) Promotes, depicts or links the material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, AIDS, sexual orientation or any questionable or controversial subject matter;
(d) Promotes, depicts or links the material that defames, abuses or threatens physical harm to others or to you;
(e) contains unlawful material, including but not limited to materials that may violate another's intellectual property rights, or links to a site that contains such material;
(f) contains information regarding, promotes or links to a website that provides information or promotes illegal activity or investment, money making opportunities or advice not permitted under law;
(g) contains any spoofing or trafficking from adult related websites in an effort to gain traffic;
(h) for any other reason that is deemed by LUST PRODUCTIONS S.L to be unsuitable.
You agree that, if LUST PRODUCTIONS S.L accepts your Application, such Application is deemed to be part of and included in the terms and conditions of this Agreement.
4. PROVISION AND USE OF LINK4.1 Promotion of Affiliate Relationship
LUST PRODUCTIONS S.L will make available to you the Link necessary for you to promote and offer the LUST PRODUCTIONS S.L Services which, subject to sub-clause 5.3 of this Agreement, you may display as often and in as many areas on your website as you require. The Link will serve to identify your website as a member of the Affiliate Program and will establish an internet link from your website to the Erika Lust Films Sites.4.2 Provision
Upon LUST PRODUCTIONS S.L's acceptance of your Application, LUST PRODUCTIONS S.L will provide you with a Link. The Link will contain the HTML code to enable you to connect your website to the Erika Lust Films Sites and in particular, those web pages containing LUST PRODUCTIONS S.L's Services.4.3 Utilisation of Link
In utilising the Link, you agree that:
(a) you will co-operate fully with LUST PRODUCTIONS S.L in order to establish and maintain the Link;
(b) you will display in your website only those graphic images provided to you by LUST PRODUCTIONS S.L indicating the Link and you will substitute such images with any new images provided by LUST PRODUCTIONS S.L from time to time throughout the Term of this Agreement;
(c) you shall display the Link prominently in relevant sections of your website and if directed by LUST PRODUCTIONS S.L in those positions as requested by LUST PRODUCTIONS S.L at its sole discretion from time to time; and
(d) all Links may be modified and/or extended from time to time throughout the Term of this Agreement.
You will make all reasonable efforts to maintain the access route and interconnection between your website and the Erika Lust Films Sites via the Link.
5. LUST PRODUCTIONS S.L'S RESPONSIBILITIES
LUST PRODUCTIONS S.L will endeavour to:
(a) process each application for LUST PRODUCTIONS S.L Services placed by a customer via the Link;
(b) monitor and record the number and amount of Sales generated via the Link from your website; and
(c) provide you access to the Tap Affiliate Web Page upon LUST PRODUCTIONS S.L accepting you into the Affiliate Program.
6. YOUR OBLIGATIONS6.1 Covenants
You covenant and agree that:
(a) LUST PRODUCTIONS S.L may at its discretion and at any time, require you to disconnect the Link, stopping the access and use of the Erika Lust Films Sites if:
6.2 Misleading or Fraudulent Conduct
(i) in the opinion of LUST PRODUCTIONS S.L, the Link is or has been the cause or is likely to be the cause of failures, interruptions, errors or defects to the Erika Lust Films Sites; or
(ii) through your websites or through other omissions or actions, you bring LUST PRODUCTIONS S.L or its associates into disrepute or promote any form of slander, racism or unfair business practices,
and that all outstanding commissions will be forfeited by you if the Link is disconnected pursuant to this clause.
(b) you shall be responsible for all maintenance of the Link including but not limited to your software and hardware that operate the Link;
(c) you shall not use the Link in a manner inconsistent with this Agreement; and
(d) LUST PRODUCTIONS S.L has no responsibility to provide training in the use of the Link pursuant to this Agreement.
(a) You must use the Link and the Erika Lust Films Sites in a manner that does not mislead any customers.
(b) If you are found to have acted fraudulently by:-
(i) Falsely inflating your Sales rate; or
(ii) Using fake redirects, automated software and/or fraud to generate the Sales,
then you shall forfeit your entire Commission which remains outstanding (if any) and this Agreement will be immediately terminated.
(c) It is your obligation to prove to LUST PRODUCTIONS S.L that you are not committing fraud or acting fraudulently.6.3 Compliance
(a) Your continuing compliance with the terms of this Agreement is a condition of continuing to use the Link. LUST PRODUCTIONS S.L reserves the Right to review and audit your website and/or advertising practices from time to time to ensure continued compliance with this Agreement.
(b) If LUST PRODUCTIONS S.L considers that you are not complying with the terms of this Agreement then LUST PRODUCTIONS S.L reserves the Right to terminate this Agreement.
7. USE OF THE AFFILIATE PROGRAM & LINK7.1 Complying with Directions
Throughout the Term of this Agreement, you shall comply with all reasonable directions that LUST PRODUCTIONS S.L may issue in its discretion from time to time concerning the Link.7.2 Proper Use
You shall ensure that the Link is not used for engaging in disruptive activities which may include, but is not limited to, the circulation of any unsolicited publicity or advertising material, propagation of computer worms and viruses, the sending of harassing, obscene, offensive or threatening electronic mail, forgery of electronic mail, the placement or transmission or storage of any defamatory or pornographic material on the internet, posting to non-commercial newsgroups, cross-posting to multiple newsgroups at once, and advertising in any way that effectively conceals or misrepresents your identity, domain name or return email address.7.3 Prohibited Use
(a) You will not send any Spam which promotes, or makes reference to LUST PRODUCTIONS S.L, or any of its associated companies, partners, or employees. You will not cause advertisements to be posted to non-commercial news groups. You will not cross-post to multiple news groups at once. You will not advertise in any way which conceals or misrepresents your identity, your domain name or your return email address. LUST PRODUCTIONS S.L reserves the Right to suspend, terminate or take any other action at its own discretion if you are found to have engaged in any form of Spam.
(b) You agree, while engaging in marketing and promotional activities of any of LUST PRODUCTIONS S.L's Services to comply with any applicable laws or regulations which apply to the marketing and promotion of LUST PRODUCTIONS S.L's Services. LUST PRODUCTIONS S.L reserves the Right to terminate this Agreement in addition to seeking monetary compensation for any loss or damage incurred in rectifying any breach by you of any applicable laws or regulations which apply to the marketing and promotion of LUST PRODUCTIONS S.L's Services.
(c) You may not offer to any potential customers any consideration or incentives to subscribe as a customer on a Erika Lust Films Site. You are solely responsible for publishing only current pricing for LUST PRODUCTIONS S.L's Service. Further, you will not use or include any intervening windows, redirects, advertising, or webpages including but not limited to pop-up or pop-under windows to promote LUST PRODUCTIONS S.L, LUST PRODUCTIONS S.L Services or Erika Lust Films Sites.7.4 Illegal Use
You will not use, nor permit any other party to use, the Link for any purpose or activity of an illegal or fraudulent nature. You will not use the Link to contribute to or aid the commission of a crime or to infringe the Rights of a third party.7.5 Terminating Event
If LUST PRODUCTIONS S.L considers on reasonable grounds that you have breached your Obligations in this clause, LUST PRODUCTIONS S.L may terminate your access to the Erika Lust Films Sites through the Link without notice to you or take any other action deemed appropriate by LUST PRODUCTIONS S.L from time to time, and all outstanding commissions will be forfeited by you.
8. INTELLECTUAL PROPERTY8.1 Licence
As from the Commencement Date LUST PRODUCTIONS S.L grants you a non-exclusive, non-transferable, revocable Right:
8.2 Restrictions on Licence
(a) to access the Erika Lust Films Sites through the Link solely in accordance with the terms of this Agreement; and
(b) to use LUST PRODUCTIONS S.L's logos, trademarks, business name and similar identifying material relating to LUST PRODUCTIONS S.L ("Licence Materials") for the sole purpose of establishing the Link to the Erika Lust Films Sites so users of your website can purchase LUST PRODUCTIONS S.L's Services. You shall not alter, modify or change the Licence Materials in anyway.
(a) You may not distribute, transfer, sublicence or otherwise use the Licence Materials in any manner other than specifically authorised in this Agreement.
(b) You may not promote LUST PRODUCTIONS S.L on any of your related websites without the prior written consent of LUST PRODUCTIONS S.L, which consent may be withheld at LUST PRODUCTIONS S.L's sole discretion.8.3 Use of Licence Materials
Other than establishing the Link from your website to the Erika Lust Films Sites, you must not make any use of the Licence Materials without first obtaining LUST PRODUCTIONS S.L's prior written consent. You must not use the Licence Materials in any manner that would affect the reputation of LUST PRODUCTIONS S.L.8.4 Your Intellectual Property
You grant to LUST PRODUCTIONS S.L a non exclusive licence to utilise your company name and logo and any other associated Intellectual Property, to advertise, market, promote and publicise in any manner your participation in the Affiliate Program. LUST PRODUCTIONS S.L however, is not obliged in any way to be required to advertise, market, promote or publicise you as an Affiliate.8.5 Upon Termination
The licence described in this clause will expire upon the termination or expiration of this Agreement.8.6 Infringement of Intellectual Property
(a) You will not reproduce, distribute, transmit, publish, copy, transfer or commercially exploit any information, data, images, programs, or other Intellectual Property supplied to you by LUST PRODUCTIONS S.L in relation to the Affiliate Program including creating a website or a webpage without the prior written consent of LUST PRODUCTIONS S.L, which consent may be withheld at LUST PRODUCTIONS S.L's sole discretion.
(b) You agree not to register a domain name using the term "LUST PRODUCTIONS S.L" or "Erika Lust" or any other domain name whether used alone or in combination with other words which is likely to be confused with a LUST PRODUCTIONS S.L domains names. You are also prohibited from registering a trademark which is similar to or is likely to be confused with any trademark of LUST PRODUCTIONS S.L.
(c) LUST PRODUCTIONS S.L shall have the sole discretion to determine if the material is confusing and may require the removal or redesign of the offending webpage, website, domain name or trademark.8.7 Notice of Infringement
You must as soon as practicable notify LUST PRODUCTIONS S.L immediately upon becoming aware of any infringement of LUST PRODUCTIONS S.L's Intellectual Property Rights as they relate to the Licence Materials.
9. AVAILABILITY OF LUST PRODUCTIONS S.L'S WEB SITE9.1 Operation
LUST PRODUCTIONS S.L shall use all reasonable endeavours to provide access to the Erika Lust Films Sites and provide your customers with access to the LUST PRODUCTIONS S.L Services on a continuous basis during the term of this Agreement subject to the following:
9.2 No Claim
(a) the malfunction or breakdown of any of LUST PRODUCTIONS S.L's equipment;
(b) electrical storm, electrical short circuit, power failure, telecommunications failure or fault; or
(c) industrial dispute or any other cause beyond the control of LUST PRODUCTIONS S.L.
No Claim shall lie against LUST PRODUCTIONS S.L in respect of any loss of access or functionality to your website after a customer has attempted to access the Erika Lust Films Sites through the Link on your website.
10. COMMISSION10.1 Commission for initial referral
LUST PRODUCTIONS S.L will pay you the Commission in Item 1 of the Schedule for the initial Sale (as defined in clause 10.2) to each customer who purchases LUST PRODUCTIONS S.L Services from the Link from your website.
10.3 Minimum Performance
A Sale occurs when:
(a) a customer purchases, via the Link from your website, any subscription to use LUST PRODUCTIONS S.L Services through one or more of the Erika Lust Films Sites; and
(b) the customer remits payment in full to LUST PRODUCTIONS S.L.
If during a Period, the total value of your Commissions do not exceed the Minimum Amount $300, then you shall not be entitled to receive any Commission during that applicable Period. Subject to this sub-clause, you will be paid by the Commission within 90 days of the end of each Period provided that your aggregate unpaid Commission exceeds the Minimum Amount. At such time, you will also be paid all previously earned and unpaid Commission which has been withheld in respect of any prior Period.10.4 Method of Payment of Commission
Payment will be made using Bank Transference or PayPal and will be calculated and paid in US dollars. We are not responsible for paying interest on Commission which have accrued but has not yet been paid.10.5 Reports of Sales
LUST PRODUCTIONS S.L shall make available a Tap Affiliate Web Page for you to access to monitor your Sales. You shall use your Log In to access the Tap Affiliate Web Page. LUST PRODUCTIONS S.L will use its reasonable endeavours to update your sales statistics on a real time basis.10.6 Bank Charges
You acknowledge and agree that LUST PRODUCTIONS S.L is not liable for any bank charges or bank costs incurred by you as a result of LUST PRODUCTIONS S.L paying Commission (if any) to you pursuant to this Agreement. LUST PRODUCTIONS S.L reserves the right to alter or change the method by which it pays your Commission at any time.10.7 Credit Card Fraud, Charge-Backs and Bad Debt
You are only eligible to earn Commission on Sales occurring during the Term, and LUST PRODUCTIONS S.L reserves the Right to exclude those amounts from your Commission due to credit card fraud, charge-backs, bad debts and credits for cancelled LUST PRODUCTIONS S.L Services. LUST PRODUCTIONS S.L reserves the Right to withhold the payment of your Commission or a portion thereof for a reasonable time to ensure that the correct amount is paid.
11. POLICIES AND PRICING11.1 LUST PRODUCTIONS S.L Polices Apply
Customers who buy LUST PRODUCTIONS S.L Services through the Affiliate Program will be deemed to be customers of LUST PRODUCTIONS S.L, and LUST PRODUCTIONS S.L will be solely responsible for processing all orders for product orders received through the Link. All LUST PRODUCTIONS S.L rules, policies, and operating procedures concerning customer applications, customer services and sales of LUST PRODUCTIONS S.L Services, will apply to those customers. LUST PRODUCTIONS S.L may change its policies and operating procedures at any time in its sole discretion.11.2 Orders May Be Rejected
We reserve the Right to reject any orders that do not comply with our policies and operating procedures.
11.3.1 The Affiliate must claim their commissions through an invoice that includes all the legal info referring to their company or freelance identification: Company Registration Number, Country, Address and Contact Email/Phone
11.3.2 The affiliate must send the invoice by email, during the first 5 days of the month, to the firstname.lastname@example.org and adding as Subject: Affiliate Invoice + Affiliate Account Name
11.4 Compliance Duties
11.4.1 LUST PRODUCTIONS S.L will request extra documentation to the affiliate who earn more than 3.000€/Year in order to accomplish compliance laws
12. PROPAGATION OF MATERIAL
You shall not create, publish, distribute or permit any material, written or otherwise that makes reference to LUST PRODUCTIONS S.L without first submitting such material to LUST PRODUCTIONS S.L for its prior written consent which LUST PRODUCTIONS S.L agrees shall not be unreasonably withheld.
13. LIABILITY13.1 No Liability
LUST PRODUCTIONS S.L shall not be liable to you in contract or in tort arising out of, or in connection with, or relating to, the use of the Link or any breach of the conditions of this Agreement or any fact, matter or thing relating to the Link, including any representations made by you which contradict our policies and operating procedures.13.2 Indemnity
You hereby indemnify and hold LUST PRODUCTIONS S.L harmless from all Claims relating to the development, operation, maintenance and contents of any and all websites from which the Erika Lust Films Sites may be accessed under this Agreement using the Link.13.3 Consequential Loss
LUST PRODUCTIONS S.L shall not be liable to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to this Agreement or in respect of a failure or omission on part of LUST PRODUCTIONS S.L to comply with its Obligations under this Agreement.13.4 Implied Terms
Subject to sub-clause 13.5, any condition or warranty which would otherwise be implied in this Agreement is hereby excluded.13.5 Trade Practices Act
Where legislation implies in this Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of all exercise of all liability under such condition of warranty, the condition or warranty shall be deemed to be included in this Agreement. However, the liability of LUST PRODUCTIONS S.L for any breach of such condition or warranty shall be limited, at the option of LUST PRODUCTIONS S.L to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii)the payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) or the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the suppling of the services again; or
(ii) the payment of the cost of having the services supplied again.
14. TERMINATION14.1 Immediate Termination
LUST PRODUCTIONS S.L may terminate this Agreement immediately if you become insolvent, have a receiver, manager, administrator or liquidator appointed, or appear likely to do so, or if you have breached any of the terms of this Agreement.14.2 Termination of Inactive Link
If the Link is inactive for a period of sixty (60) days, LUST PRODUCTIONS S.L may terminate your access to the Erika Lust Films website through the Link without notice to you or take action deemed appropriate by LUST PRODUCTIONS S.L from time to time.14.3 Termination by You
You may terminate this Agreement at any time by giving at least thirty (30) days notice in writing to LUST PRODUCTIONS S.L. If you terminate this Agreement pursuant to this clause during the Term, LUST PRODUCTIONS S.L shall not be liable to pay you for any Commission you may have accumulated for the sixty (60) day period immediately prior to your notice, or for the notice period. You must, within one (1) business day of the termination or expiration of this Agreement, remove the Link or Links established under this Agreement and discontinue the use of the Licence Materials.14.4 Effect of Termination
If LUST PRODUCTIONS S.L terminates this Agreement under clause 14.1, any and all outstanding Commission payable to you at the time of termination will be forfeited. Subject to this clause, any termination of the Agreement shall not affect any accrued Rights or liabilities of either party, nor shall it effect any provision of this Agreement which is expressly or by implication intended to continue in force after such termination.15. ASSIGNMENT15.1 Assignment by You
You are not entitled to assign your Rights or Obligations under this Agreement without the prior written consent of LUST PRODUCTIONS S.L which consent may be given or withheld or given on conditions, in the absolute discretion of LUST PRODUCTIONS S.L.15.2 Assignment by LUST PRODUCTIONS S.L
LUST PRODUCTIONS S.L can assign its Rights and Obligations under this Agreement at its absolute and unfettered discretion without the consent of you and upon such assignment shall have no further liability whatsoever to you pursuant to this Agreement.15.3 Continuation of Liabilities
After an assignment by you only:
16. GENERAL16.1 Warranty of Authority
(a) you remain principally liable jointly and severally with the assignee for the performance and observance of all Obligations assigned to the assignee; and
(b) you shall procure the assignee to enter into a Deed into which the assignee covenants to be bound by this Agreement, including (without limitation) this clause.
Each party signing this Agreement warrants to the other party, as at the date of signing, that the signatory has the full power and authority to execute this Agreement on behalf of that party.16.2 Notices
The parties agree that:
(a) any notice authorised or required to be given to any party shall be sufficiently given by leaving it or posting it by prepaid post, facsimile or by electronic mail addressed to LUST PRODUCTIONS S.L and you as set out in the Application or to the address last notified;
(b) in a case of a notice to the members of a company the notice shall be sufficiently given by leaving it or posting it by prepaid post at the premises of LUST PRODUCTIONS S.L or its registered office; and
(c) any letters sent by post shall be deemed to have been received in the ordinary course of post.
(d) The Company’s failure to enforce the Affiliate’s strict performance of any provision of this Agreement will not constitute nor be construed as a waiver of the Company’s right to subsequently enforce such provision or any other provision of this Agreement.
(e) The Company may amend, alter, delete, or add to any of the terms and conditions contained in this Agreement at any time and at the Company’s sole discretion. Such amendments, alterations, deletions, or additions may be made on the basis that such amendments, alterations, deletions or changes are being made for the purposes of ensuring the financial and operational stability of the Company.
This Agreement will be governed by the laws of Spain, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought on Barcelona, Spain and the Affiliate irrevocably consents to the jurisdiction of its courts.
The provisions of this Agreement shall be constructed so as not to infringe the provisions of any applicable Act or Regulation or be void, invalid or unenforceable at law or in equity, but if any provision on its true interpretation does infringe any applicable Act or Regulation or is void, invalid or unenforceable at law or in equity then that provision shall be read down to such extent as may be necessary to ensure that it does not so infringe or is not void, invalid or unenforceable and as may be reasonable in all the circumstances so as to give such provisions a valid operation of a partial character and in the event that the infringing provision cannot be so read down it shall be deemed to be void and severable from this Agreement.16.5 E-signature
By completing the application steps at the end of this Agreement, you are evidencing your intention to enter into this Agreement and your acceptance of its terms and conditions, and your completion of the application steps have the same legal effect as executing your signature on the Agreement.16.6 Counterparts
This Agreement may be signed or executed in a number of counterparts, with the same effect as if the signatures to or execution of each counterpart were on the same instrument. Facsimile copies of this Agreement shall be treated as originals and signatures on facsimile copies deemed to be original and binding.16.7 Variation
We may vary any of the terms and conditions in this Agreement at any time and at our sole discretion by notifying you by email. If any variation is unacceptable to you, you may terminate this Agreement pursuant to clause 14.3. Your continued participation in the program following notification of our new Agreement will constitute binding acceptance of the variation.
The non-exercise of or delay in exercising a Right of a party shall not operate as a waiver of that Right, nor does a single exercise of a Right preclude another exercise of it or the exercise of other Rights. A Right may only be waived by notice, signed by the party (or its authorised representative) to be bound by the waiver.
In this Agreement unless the contrary intention appears:
"Affiliate Program" means the program to pay Commission to you for the Sale of LUST PRODUCTIONS S.L's Services;
"Application" means the application form completed by you to establish the Link which shall also form part of this Agreement;
"Claim" means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, Right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent;
"Commencement Date" means the date that LUST PRODUCTIONS S.L notifies you of its acceptance of your Application;
"Commission" means the amount specified in Item 1 of the Schedule;
"Confidential Information" means all the information relating to the Link and LUST PRODUCTIONS S.L including but not limited to information in relation to the internal organisation and architecture of the Link and LUST PRODUCTIONS S.L;
"LUST PRODUCTIONS S.L Services" means the production of ethical porn movies operated by LUST PRODUCTIONS S.L distribute among a network of websites described as the Erika Lust Films Sites;
"Erika Lust Films Sites" means the websites owned and operated by LUST PRODUCTIONS S.L and the associated network of websites containing ethical porn sites offering LUST PRODUCTIONS S.L Services;
LUST PRODUCTIONS S.L Services;
"Intellectual Property Rights" means
(a) jointly and severally any Rights as they relate to the Confidential Information, the copyright, the design rights, the trade mark rights, the patent rights, the eligible layout rights, the improvements, and the future Rights;
(b) all other Rights resulting from intellectual property in the industrial, scientific, literary or artistic field;
(c) any application or Right to apply for registration of any of the Rights referred to in the subclause (a); and Intellectual Property shall have the same meaning;
"Link" means a text link or link from a graphic image provided by LUST PRODUCTIONS S.L after it accepts your Application which may change from time to time (subject to LUST PRODUCTIONS S.L's sole discretion).
"Log-In" means the password to be used by you, when you access the Tap Affiliate Web Page. LUST PRODUCTIONS S.L reserves the right to ask you to reset or alter your Log-In at any time;
"Minimum Amount" means that amount in Item 2 of the Schedule or as specified by LUST PRODUCTIONS S.L from time to time as the minimum amount required for LUST PRODUCTIONS S.L to be required to pay the Commission to you;
"Obligation" means any legal, equitable, contractual, statutory or other Obligation, Agreement, covenant, commitment, duty, undertaking or liability;
"Period" means each quarter of a calendar year starting in January;
"Right" includes a legal, equitable, contractual, statutory or other Right, power, authority, benefit, privilege, remedy, discretion or cause of action (and "Rights" shall have the same meaning);
"Sales" means a customer purchasing any subscription to use the LUST PRODUCTIONS S.L Services through one or more of the Erika Lust Films Sites through the Link from your website;
"Tap Affiliate Web Page" includes a legal, equitable, contractual, statutory or other Right, power, authority, benefit, privilege, remedy, discretion or cause of action (and "Rights" shall have the same meaning);
"Spam" means the use of electronic messaging systems to send unsolicited bulk messages;
"Term" means the period from the Commencement Date until this Agreement is terminated pursuant to this Agreement.
1. Commission: 50% on initial subscription sale
2. Minimum Amount: US $300
3. Cookie Life: 45 Days