ACCOUNT INFORMATION
* First Name:		* Last Name:
Company:
* Address 1:
Address 2 :
*City:
* State/Province/Region :		* Zip/Postal Code:
*Country:
Date of birth:
Phone:
*Email:
*Confirm Email:
*Password:
*Confirm Password:
PAYMENT INFORMATION
*SSN or Tax ID (For US Affiliate Only) :
* Checks Payable To :
SITE INFORMATION
Web Site name:
Web site URL:
Describe your web site or marketing strategy :
How do you plan to market our products? :
Pay per click
Pay per acquisition
Web site
Search engine optimization
Ad network / Banner network
Adware / Browser Plug-in
Blog
Other
AFFILIATE PROGRAM AGREEMENT
AFFILIATE PROGRAM AGREEMENT
________________________________

This Affiliate Program Agreement describes the entire terms and conditions for participation in Gilad Creative Media Affiliate Program. By filling out the signup form you acknowledge that you have read the terms and conditions of the agreement, understand, and agree with them. In consideration of the terms and covenants of this agreement, and other valuable consideration, the parties agree as follows:

The name of this affiliate program is Gilad Creative Media Affiliate Program (the "Affiliate Program"). For purposes of this Agreement, the term "you" or "your" refers to the individual or legal entity that applies for and is accepted into the Affiliate Program. 
The term "us" or "we" refers to Gilad Creative Media Inc., the sponsor of the Affiliate Program. The term "our website" refers to the website that we maintain at http://www.eroticmastery.com . The term "your website" refers to the website(s) on which you agree to place a link to our website as specified in your affiliate signup form. "Merchandise" means most of the products, merchandise and stock that is offered by us for sale through our website.

1. AFFILIATE PROGRAM REGISTRATION. To register for the Affiliate Program, you must complete and submit to us an Affiliate Program Application Form. The Affiliate Program Application Form is included on our website and can be completed and submitted through our website.  It is on auto-approve.

2. APPROVAL OR REJECTION OF AFFILIATE PROGRAM APPLICATION. We reserve the right to approve or reject ANY Affiliate Program Application in its sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.  We in particular do not want any marketing that is not respectful of sexuality, of men and of women.

3. REASONS FOR REJECTION. Without limiting the right to reject any application for any reason whatsoever in our absolute discretion, your application will be rejected if it is non complete, if your website contains images or content that is not acceptable to us or is inconsistent with the image that we wish to create in association with our website, or if your website contains any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference, or if your site contains any material that appears to us to violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party.

4. TERMINATION AFTER ACCEPTANCE. Even after we have accepted you as an Affiliate Program member, we reserve the absolute right to rescind or terminate your affiliate status for any reason in its sole and absolute discretion, including but not limited to the reasons set forth above. 

5. FINANCIAL RESPONSIBILIITES. You will be fully responsible for all costs and expenses of maintaining and marketing your Affiliate activities, including but not limited to all costs associated with the creations, hosting, modification, and improvements to your website, costs of search engine placement and other Internet marketing, costs of inserting our links into your website, offline marketing costs, postage costs, and all other costs and expenses, and you hereby hold us harmless from or against the same.

6. NO REPRESENTATIONS REGARDING INCOME POTENTIAL. We make no representations and warranties regarding potential income that may result from participation in this Affiliate Program and specifically disclaims any and all warranties relative to earning potential from your affiliate status.

7. RESPONSIBILITY TO LINK TO OUR SITE. As a Program Affiliate, you will have the opportunity to place links on your site or in emails directing users to our site. We will make available to you button links, text links, banner advertisements, and html advertisements to be placed on your website which will direct users to our website via hypertext link. As a Program Affiliate, you are given a limited term license, during the term of your active participation as a Program Affiliate, to utilize our logo images provided to you on the website that you designate in your Affiliate Program Application.
a. We make available to our Affiliates, links, banners, and other information advertising our site to be used subject to the terms of this Agreement. These materials will contain our trademarks and other proprietary property. You may display these materials on your website for the purpose of promoting our site and participating in this Affiliate Program. If you discontinue the Affiliate Program or if your participation is terminated for any reason, you will immediately cease using these materials and will delete all such materials from your website and from your computer. You must obtain our approval of all links to our site that you place on your website. You will cooperate with us in the establishment and placement of links on your website.

8. ANTI-SPAM POLICY. We strictly forbid the use of unsolicited commercial email (UCE) or SPAM campaigns. We maintain a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate (You) or similar agent acting on your behalf. As such, we reserve the right to terminate any violating accounts or any part thereof, without notice or compensation.

If you are found to be involved in a SPAM/UCE campaign, including flooding newsgroups, distributing messages to recipients that do not want the information or any other abuse contravening UCE legislation will be met as follows:
a. Your account will be closed immediately, without burden of notice or compensation.
b. A US $500.00 administration fee will be incurred against you.
c. Our Privacy Policy becomes forfeit, and all pertinent information will be provided to any investigating authorities or anti-Spam organizations.
You will be held accountable for any monetary damages suffered by us, sustained through contravention of this Affiliate Program Agreement. This will include, but not limit to punitive damages related to lost clients and brand deterioration.

9. CUSTOMER SERVICE. We will be responsible for handling all customer inquiries, product orders, customer billing and collection, product shipment relative to customers that enter our site through the links from your site. Pricing of our products and services is totally within its discretion and we reserve the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advanced notice to you or users accessing our site. Our only responsibility to you in this regard is to track customer orders that occur through links from your website and make reports to you of the commissions due to you as a result thereof. All such reports shall be un-audited. We will have no obligation to provide you with any specific information relative to any customer, regardless of whether they access our site through the link from your site.
We are not responsible for the failure to assign any sale or commissions to you if the same results from the improper formatting of the link from your website (so please be extra-careful it is set up right!  We want you paid!). You should assure at all times that the link is appropriately formatted and report any problems that you may have with the same to us immediately.

10. REFERALL FEES. Referral-fees will be paid to you based upon a per sale basis. Referral-fees will only be paid on sales that are tracked through our online tracking system and indicate your website''s link as the source. Referral-fees will be paid in accordance with schedule A.

a. Gilad Creative Media Inc. will be solely responsible for tracking sales we make to customers who follow special links from your website. You will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of sales activity will be provided to you in real-time with a special login that you are assigned.

b. Gilad Creative Media Inc. will send a referral-fee check for the applicable referral-fee within the first week of every other calendar month starting with the first month of February. All payments will be made via company check sent to the address that you supplied in the Affiliate Program Application or Paypal when requested on the signup form. We do not send payment if the total commission due to you is not at least $200.00. Amounts below $200.00 will accrue to your account and payment will be made for the months when your total commissions achieve the minimum $200.00.

11. ORDER PROCESSING. Gilad Creative Media Inc. will be solely responsible for processing every order placed by a customer following a special link from your sponsoring website. Order entry will use Gilad Creative Media Inc.''s secure online ordering process, our toll-free phone line, or our mailing address. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of Gilad Creative Media Inc.

All of the rules, operating procedures and policies of Gilad Creative Media Inc. regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. Gilad Creative Media Inc. reserves the right to reject any order that does not comply with our rules, operating procedures and policies.

12. AFFILIATES SIGNING UP UNDER THEMSELVES. Signing yourself up as your own "sub-affiliate" is strictly prohibited. Our software monitors this extensively. If an affiliate is ever found signing themselves up as a "sub-affiliate, the account(s) in question will be immediately terminated and any referral fees unpaid since our last referral payout will remain sole property of Gilad Creative Media Inc..

13. TRADEMARKS AND COPYRIGHTS. You will have a non-exclusive, limited term license to use the trademarks, logos, and copyrighted material that we provided to you for use solely on your website. You may not distribute, reproduce, modify, or amend these images in any way. You may use these images only for the purposes of promoting our website and products on your website in compliance with the Affiliate Program policies and procedures and the terms of this Agreement. The license so granted is subject to complete compliance with all terms and conditions of this Agreement and any policies we may create and amend from time to time regarding the Affiliate Program. 
a. You agree that we retain all right, title and interest in and to all such materials. We will retain all goodwill and other value associated with any of these materials. You will not gain any trademark, copyright or other proprietary rights to such materials. You agree not to take any action that is contrary to or inconsistent with our rights to these materials. You will not use these materials in any way that is damaging, defamatory, disparaging, derogatory, or negative to our or that paints us in a false or negative light. We may revoke the limited license granted hereunder at any time in writing to you. Upon termination or revocation, you will immediately cease from any use this material.
b. You are not permitted to use any other proprietary materials, including but not limited to trademarks, copyrights, logos, text, and any other materials that belong to us or to any other party and which may appear on our website.
c. We will never license or use your trademarks, trade names, service marks, business names, web page titles, slogans, logos, and copyrighted materials for the purposes of promoting, advertising, announcing, or marketing your participation in our Affiliate Program without your permission. 
15. PRODUCT AVAILABILITY. We cannot guarantee the term of any price or special promotion or offer.
16. RESPONSIBILITIES. You are responsible for all matters pertaining to your own website including its development, maintenance, operation and placing links on your site in compliance with the terms of the Affiliate Program. You are completely responsible for all items that appear on your site and for assuring that such items do not infringe upon or violate the rights of any other party. You are not responsible for any matter pertaining to your site or the content thereof and you hold us harmless and indemnify us from any and all claims, suits, threats, demands, liabilities, actions, causes of action related in any way to your website and business. Such indemnity includes our costs and attorney fees in defending any such matter. You represent and warrant to us that your site does not and will not contain any materials that are illegal and that your site is not operated for an illegal purpose or in an illegal manner.
17. REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant to us to have the complete power and authority to enter into this Agreement and that this Agreement constitutes a valid and legally enforceable agreement. The entry of this Agreement has been duly and validly authorized by all necessary corporate or other organizational actions and approvals. Your entry of this Agreement is not prohibited by the terms of any document, is not contrary to any law, rule or regulations, and is not in violation of any court or administrative order.
18. TERM. The effectiveness of this Agreement shall not commence until your Affiliate Program Application is accepted by us. The effectiveness hereof and binding effect shall occur upon our acceptance of your Affiliate Program Application. This Agreement shall remain in full force and effect until terminated by you or by us. Either we or you may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination in compliance with this Agreement. Notices sent hereunder shall be via Email or phone to you at the Email address or phone number indicated in your Affiliate Program Application. Any and all notices to you via Email or phone shall be deemed to be effective notice to you for all purposes.
19. TERMINATION. You will forfeit all right to receive past commissions that may have accrued to you if this Agreement is terminated as a result of your failure to comply with the terms of this Agreement or any policies and procedures of Affiliate Program that may be established and amended by us in its discretion from time to time. If this Agreement is terminated for any other reason, you will have a right to receive its accrued commissions through the effective date of termination; provided, that if your total commissions due hereunder do not exceed $200.00, such accrued commission shall be forfeited. We have the right to withhold final commission payments for sufficient time in order to assure that the amount paid you is accurate and not subject to later adjustment for returns or any other reason. If following final payment that we determine the amount of commissions that you were paid was too high, as a result of subsequent returns or any other adjustment or reason, the differential shall be a debt from you to us and we shall have all legal right to receive a refund of such overpaid commission from you.
20. MODIFICATIONS. We reserve the right in its sole and absolute discretion, to modify any terms and conditions of the Affiliate Program and the terms and conditions of this Agreement upon notice to you. Notice of any changes may be given via Email to you or by posting such changes in the Affiliate Program sections of our website. Such changes and modifications will take effect upon transmission of Email or posting on our website. You may terminate participation in the Affiliate Program in the event that any of these modifications are unacceptable to you and such termination shall be your sole and exclusive remedy. In the event that you continue to participate in the Affiliate Program following such modifications, you will be deemed by yourself continued participation to accept any and all such changes.
21. LIABILITIES. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND LIABILITY RELATED TO ANY DOWNTIME OR FAILURE FOR USERS TO BE ABLE TO ACCESS OUR WEBSITE OR TO ACCESS OUR WEBSITE USING THE LINK FROM THE YOUR WEBSITE. FURTHERMORE, WE SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO OUR WEBSITE, THE AFFILIATE PROGRAM, YOUR PARTICIPATION IN THE AFFILIATE PROGRAM, YOUR ABILITY TO MAKE ANY COMMISSIONS OR OTHERWISE PROFIT THROUGH PARTICIPATION IN THIS AFFILIATE PROGRAM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTIBILITY, NON-INFRINGEMENT, OR ANY CLAIM MADE BASED UPON OUR COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ANY APPLICATION, INCLUDING BUT NOT LIMITED TO ITS LINK TRACKING FEATURES, WILL BE ERROR FREE OR THAT THEY WILL FUNCTION WITHOUT INTERRUPTION.
a. WE SHALL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LIABILITIES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, LOSS PROFITS, LOST BUSINESS OPPORTUNITY OR ANY OTHER DAMAGES; REGARDLESS OF WHETHER WE WAS OR HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME AND TOOK NO ACTION TO PREVENT THE SAME.
b. Without limiting the forgoing, our total liability for any damages arising hereunder shall never exceed the total commissions paid and payable by us pursuant to the terms hereof.
22. CONFIDENTIALITY. In the event that any information is disclosed to you through your participation in the Affiliate Program related in any way to our company and business which we deem to be confidential and proprietary, you agree to hold such information in the strictest of confidence and not to disclose such information to any other party or to use any such information for your own purposes. Confidential information will include any information regarding our changes or modifications to this Agreement or this Affiliate Program (which we shall have no obligation to make) or any special treatment that you may receive (which we reserve the right to provide in its sole discretion to any affiliate). Confidential information shall also include any and all information related to our business, business plans, marketing plans, user statistics, financial information, pricing, profits, membership information, affiliations, sales information, and all other information we considers to be confidential and proprietary.
23. ANTI-PREDATORY AND PARASITES. We do not accept download S/W affiliates into our program. Any affiliate caught using a BHO helper application or e-mail spamming agrees to immediately forfeit all commissions earned and pull our links from their pages and BHO. Affiliates will be removed from Gilad Creative Media Affiliate Program and forfeit any pending commissions if they are utilizing or distributing software downloads that potentially enable diversions of commission from other affiliates in our program. 
24. INDEMNIFICATION. You hereby indemnifies and hold us, and all of our stockholders, officers, directors, employees, contractors, affiliates, members, agents, successors and assigns harmless from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that we may incur and which are based in whole or in part your participation in the Affiliate Program, any claims that any of your trademarks and other proprietary material infringe upon the rights of any other party, you breach of any term, covenants, condition, representation or warranty contained in this Agreement or any policies of participation in the Affiliate Program, or any claim related directly or indirectly to your use, operation or the content of your website.
25. GOVERNING LAW. This Agreement shall be interpreted under the laws of the State of California. Any and all legal actions relative hereto shall be in the courts of California. 
26. RELATIONSHIP OF THE PARTIES. The parties hereto are independent contractors and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint venturers, shareholders, employer/employee, agent/servant. You have no power or authority to bind us to any obligation, agreement, debt or liability. You shall not hold yourself out as an agent or representative of us.
27. NOTICES. Notices to us shall be by certified mail, return receipt requested addressed to the address that we provide notice of to you via Email or by posting the same on the Affiliates section of our website. Notices to you shall be by Email addressed to the Email address that you provided to us in you Affiliate Program Application or by posting such notices on the Affiliate section of our website. It shall be your responsibility to check the Affiliate section of our website periodically to monitor all notices set forth thereon.
28. ASSIGNMENT. This Agreement is only for the benefit of the party that you list in the Affiliate Program Application. You shall have not right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void. 
29. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement and understanding between the parties with respect to the subject matter hereof and supercedes any and all prior discussions, understandings, agreements, representations, warranties or covenants between the parties related to the subject matter hereof. This Agreement may only be amended by a writing signed by the authorized representative of each of the parties, except as otherwise set forth herein. Any waiver of a breach or default under this Agreement shall not constitute a waiver of any subsequent or other breach or default and shall not serve to modify the agreements set forth herein. 
If any provision or term of this Agreement is held to be invalid for any reason, it shall not effect the enforceability of the remainder of this Agreement or any other term or condition of this Agreement.

SCHEDULE A COMMISSION RATE STRUCTURE:
You will be paid a referral fee for discrete product sales generated through the links you place on your website for specified products listed on www.eroticmastery.com. We utilize unlimited cookies that secures your referral fee in case the visitor you refer delays purchasing on their first visit or returns to make another purchase.

The affiliate commission is 50% and because this is a free CD offer, it will be paid on the post sale one time offer up-sell and its associated down-sell. 50% Commission will also be paid on the first month of the continuity program after the two-week trial expires.
I agree to be bound by the above Terms & Conditions