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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

1. BACKGROUND

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

2. TERM

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:

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 LINK

4.1 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:

4.4 Connection

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:

6. YOUR OBLIGATIONS

6.1 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

(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:-

(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 & LINK

7.1 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 PROPERTY

8.1 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) 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 SITE

9.1 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

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. COMMISSION

10.1 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.

10.2 Sales

10.3 Minimum Performance

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 PRICING

11.1 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 Invoicing 

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 invoices@erikalustfilms.com 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. LIABILITY

13.1 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. TERMINATION

14.1 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

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:

16.3 Jurisdiction

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.

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16.4 Validity

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.

16.8 Waiver

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.

17. DEFINITIONS

In this Agreement unless the contrary intention appears:

LUST PRODUCTIONS S.L Services;

"Intellectual Property Rights" means

ITEMS SCHEDULE

1. Commission: 50% on initial subscription sale

2. Minimum Amount: US $300

3. Cookie Life: 45 Days