The Dating Experts - Table For Six Total Adventures Affiliate Agreement

Affiliate agreement - Please read below before applying.

I accept these terms and wish to apply.

This Agreement ("Agreement") shall govern participation in the Table For Six Total Adventures Affiliate Program ("Program"). Table For Six Total Adventures operates the web site known as www.Tableforsix.com. The Affiliate Program is offered to entities operating other web sites that accept this Agreement and that meet standards accepted by Table For Six Total Adventures. The term 'you', "your", or "Affiliate" shall refer to any individual or entity who accepts this Agreement by clicking the "Apply" and "Accept" button.

1.) Table For Six Total Adventures Affiliate Program

The program enables potential Affiliates to add certain links and promotional materials to their web sites for which they will be eligible for compensation in accordance with, and subject to this Agreement. Table For Six Total Adventures reserves the right, in its sole discretion, to altar or terminate the Program at any time for any reason or no reason.

2.) Becoming An Affiliate

2.1) Evaluation of Affiliate Application

To begin the application process, you must submit a completed Affiliate Application through Table For Six Total Adventures. Table For Six Total Adventures will evaluate your application and may accept or reject your application once we determine, in our sole discretion, whether or not your web site ("Site") is suitable for our Affiliate Program. Rejection can be for any reason, including but not limited to inclusion of content that is, in our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable.

2.2) Acceptance or Rejection of your Affiliate Application

Table For Six Total Adventures will notify you by email of your acceptance or rejection in the Program. If you are accepted, Table For Six Total Adventures will provide you with the materials needed to begin operating as an Affiliate. If Table For Six Total Adventures accepts your application and your Site is thereafter determined (in our sole discretion) to be unsuitable for the Affiliate Program, we may immediately terminate this Agreement.

2.3) Linking to Table For Six Total Adventures

Upon your acceptance as an Affiliate in the Program, Table For Six Total Adventures will make available to you graphical and textural buttons, and URL Links ("Table For Six Total Adventures Link (s)"), which you may display on your Site in accordance with this Agreement. You agree that you will fully cooperate with us in order to establish and maintain such Table For Six Total Adventures Links and not to alter Table For Six Total Adventures Links or their content in any way. You also agree that you will display in your Site and email campaigns only those graphic or textual images (including a Table For Six Total Adventures Link) that are provided by us, and you will immediately substitute such images with any new images that are provided by Table For Six Total Adventures, from time to time.

3.) Affiliate's Obligations and Representations

3.1) Your Site's Obligations

You are solely responsible for the complete development, operation, and maintenance of your Site and for all material and content that appears on your Site. Such responsibilities include, but are not limited to, the technical operation of your Site and all related equipment and the accuracy and propriety of materials posted on your Site including among other things, all Table For Six Total Adventures materials.

3.2) PPC Advertising Restrictions

Table for Six affiliates are welcome to employ Pay Per Click (PPC) advertising to drive traffic to their own web site, but not directly to Table for Six. Table for Six affiliates are prohibited from bidding on Table for Six trademark keywords or their derivatives, such as "TableforSix.com", "tablefor6.com", "Table for Six", "table4six", et. al.

3.3) Representations and Warranties

You hereby represent and warrant that (a.) you have requisite power and authority to enter into this Agreement and to consummate the transactions contemplated hereby and that the transactions contemplated hereby have been duly and validly authorized by all necessary corporate or other relevant action (b.) your Site shall not contain any material that is unlawful, lewd, pornographic, harmful to minors or others, threatening, defamatory, obscene, harassing, or otherwise inappropriate or offensive, ( c.) you are the sole and exclusive owner of all intellectual property and all materials on the Site and have the right and power to grant to us a license to use your trademarks in the manner contemplated herein, and such grant does not and will not breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or infringe upon any trademark, trade name, service mark, copyright, or other right of any other person or entity.

4.) PAYMENT AGREEMENT

4.1) Affiliate Compensation

Affiliate will receive a $250.00 fee ("referral fee") for every new Table For Six Total Adventures member that joins through a Table For Six Total Adventures Affiliate link tracked from your Site. You understand that Table For Six Total Adventures pays referral fees based only on Completed Transactions. Notwithstanding anything to the contrary, Table For Six Total Adventures shall have no obligation to pay you for Completed Transactions from any non-Table For Six Total Adventures Link(s). In no case will Table For Six Total Adventures pay more than one referral fee to an affiliate for the same Membership.

Affiliate will receive a $15.00 fee (“lead fee”) for every new qualified lead. A qualified lead is determined by our marketing and sales team as any visitor who personally completes our online registration form and provides Table For Six Total Adventures valid contact information for a follow-up interview. Table For Six Total Adventures MUST communicate with the referral in order to qualify the lead. Valid contact information consists of First Name, Last Name, Email Address, Home or Work Phone Number, City, and State. Table For Six Total Adventures shall have no obligation to pay you for Qualified Leads from any non-Table For Six Total Adventures Link(s). In no case will Table For Six Total Adventures pay more than one lead fee to an affiliate for the same qualified lead.

Affiliate will receive a $50.00 fee (“sub-affiliate referral fee”) for each new Table For Six Total Adventures member that joins through a Table For Six Total Adventures affiliate link tracked from the site of an affiliate that you recruited (Your 2nd Tier). You understand that Table For Six Total Adventures pays referral fees based only on Completed Transactions. Notwithstanding anything to the contrary, Table For Six Total Adventures shall have no obligation to pay you for Completed Transactions from any non-Table For Six Total Adventures Link(s). In no case will Table For Six Total Adventures pay more than one sub-affiliate referral fee to an affiliate for the same Membership.

4.2) Payment of Referral Fee

Payments of all referral fees and bonuses will occur on a monthly basis. Such payments exclude, and affiliate will pay, any sales, use or other taxes associated with such payments or this Agreement (excluding taxes based on TABLE FOR SIX's net income). By the 15th of each month, Table For Six Total Adventures will send you a check for the amount earned during the previous month. All payments will be sent by first-class U.S. mail to the person at the address listed on the application submitted to Table For Six Total Adventures for participation in the Program.

5.) PROPRIETARY RIGHTS AND LICENSES

5.1) Intellectual Property

Each party owns and shall retain all rights, title and interest in its intellectual property, including but not limited to its names, logos, trademarks, service marks, copyrights and proprietary technology, currently used or which may be developed and/or used by it in the future.

5.2) Table For Six Total Adventures License

Subject to the terms and conditions of this Agreement, including but not limited to the use restrictions set forth herein, Table For Six Total Adventures hereby grants you a revocable, limited, non-exclusive, non-transferable license, without the right to sub-license, to graphic images and text, which may include our name, logos, trademarks, service marks and other intellectual property (collectively, the " Table For Six Total Adventures Marks"), only as provided to you by Table For Six Total Adventures and solely for the purpose of (i) establishing the Table For Six Total Adventures Link (s) described above (from the page on your web site specified in your Application to the page of the TABLE FOR SIX.COM web site designed by Table For Six Total Adventures in its sole discretion), and (ii) using and displaying the Table For Six Total Adventures Marks described above.

5.3) Limitations on Table For Six Total Adventures License

You may not use Table For Six Total Adventures Marks in any manner except in connection with establishing the Table For Six Total Adventures Link described above. You may only use the Table For Six Total Adventures Marks in the specific format provided to you by Table For Six Total Adventures. You may not alter, modify, edit or change the Table For Six Total Adventures Marks or any logos or images or other portions of the Table For Six Total Adventures Marks or any of their elements in any manner, including for example, size, proportion or colors, or animate, or otherwise distort their perspective or appearance. You may not link to the TABLE FOR SIX.COM from any page of your web site other than the page designated by Table For Six Total Adventures in its sole discretion. You may not display the Table For Six Total Adventures Marks in any manner that implies sponsorship or endorsement by Table For Six Total Adventures or any of its affiliates, members or content providers, or in any manner that can be reasonably interpreted to suggest that editorial content on your Site has been authored by, or represents the view or opinions of Table For Six Total Adventures, its personnel, or any of its affiliates, members or content providers. The Table For Six Total Adventures Marks may not be used as a feature or design element of any other logo. You are entitled to use the Table For Six Total Adventures Marks solely to the extent that you are a member in good standing of the Program.

5.4) Affiliate License

You grant to us a worldwide, non-exclusive license to utilize your name, titles, and logos, as the same may be amended from time to time (the " Affiliate Marks"), to advertise, market, promote, and publicize in any manner our rights hereunder; provided, however, that we shall not be required to so advertise, market, promote, or publicize the Affiliate Marks. This license shall terminate upon the expiration or termination of this Agreement.

6.) Termination

Either you or Table For Six Total Adventures may terminate this Agreement at any time, for any reason or no reason, upon five (5) days prior written notice.

In addition, Table For Six Total Adventures shall be entitled to terminate this Agreement immediately if you materially breach or violate any terms or conditions of this Agreement, or if Table For Six Total Adventures determines, in its sole discretion, that there are technical, or operational issues (e.g. interruptions caused by or shifts in online/internet technology) that adversely affect the implementation of the Program, or the orders/referrals were obtained fraudulently, or through misrepresentation, in which case Table For Six Total Adventures reserves the right to withhold payment of associated referral pending an investigation of the suspected fraud or misrepresentation. All rights to payment, causes of action and any provisions that by their terms are intended to survive termination, shall survive termination of this Agreement.

Within 24 hours after termination (by either party), you must remove the Table For Six Total Adventures Marks and deactivate all Table For Six Total Adventures Links. Further, you must destroy or erase from computer memory any items you might have that contain the Table For Six Total Adventures Marks.

7.) CONFIDENTIALITY AND PRIVACY

7.1) Confidentiality

During the term of the Agreement, you may have access to certain non-public information of Table For Six Total Adventures, which is confidential or propriety in nature, including without limitation confidential or propriety information about TABLE FOR SIX's products and services ("Confidential Information"). Confidential information does not include information that is generally available and known, or in the public domain through no fault of yours. You agree (i) not to disclose any Confidential Information to any third parties, (ii) not to use any Confidential Information for any purposes except carrying out your rights and responsibilities under this Agreement and (iii) to keep the Confidential Information confidential using the same degree of care you use to protect your own confidential information, as long as you use at least reasonable care. These obligations survive for five (5) years after the termination of this Agreement.

8.) INDEMNITY

Affiliate shall defend, indemnify and hold Table For Six Total Adventures and its respective officers, directors, employees, and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from (a.) any breach by the Affiliate of any warranty, representation, covenant or Agreement contained herein, (b.) any alleged or actual infringement by any material provided by Affiliate under this Agreement, including without limitation any intellectual property or proprietary right, privacy right or other right of any third party, (c.) the negligence of Affiliate, (d.) any injury to Persons or damages to property caused directly or indirectly by the acts or omissions of Affiliate, or (e.) the unauthorized use of the Table For Six Total Adventures Marks by Affiliate. Table For Six Total Adventures reserves the right, at its own expense, to assume the exclusive defense and control any matter otherwise subject to indemnification by Affiliate, but doing so shall not excuse Affiliate's indemnity obligations. Table For Six Total Adventures shall have the right to participate in the defense of all claims.

9.) DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

9.1 Disclaimer of Warranties

Table For Six Total Adventures MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON - INFRINGEMENT WITH RESPECT TO THE PROGRAM, ITS SERVICES OR TABLEFORSIX.COM, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF.

9.2) Limitation of Liability NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT TO THE EXTENT ARISING OR RESULTING SOLEY FROM A THIRD PARTY CLAIM RELATING TO INTELLECTUAL PROPERTY RIGHTS OF SUCH THIRD PARTY, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM OTHER PARTY'S RIGHTS) FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND - INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA - ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER (INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT), REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. MOREOVER, EXCEPT TO THE EXTENT ARISING OR RESULTING SOLEY FROM A THIRD PARTY CLAIM RELATING TO INTELLECTUAL PROPERTY RIGHTS OF SUCH THIRD PARTY, TABLE FOR SIX'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE CAUSE (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE REFERRAL FEES DUE TO YOU UNDER SECTION 4.

10.) MODIFICATIONS

We may modify these Terms and Conditions at any time in our sole discretion. Modifications may include, but are not limited to, change in the scope of available commissions, commission payment schedules, payment procedures, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our posting of a change notice or new agreement on TableforSix.com will constitute binding acceptance of the change effective from and after the date of such change.

11.) MISCELLANEOUS

Affiliate agrees to comply with all applicable local, national and international laws, including but not limited to laws relating to labor and employment, data privacy, data access and use, and intellectual property. Each party of this agreement shall be acting as an independent contractor, and nothing herein shall be constructed to create a partnership, joint venture or any type of agency relationship between Table For Six Total Adventures and Affiliate or any Affiliate's end users. This Agreement may not be assigned or resold by the Affiliate, or Affiliate's end users. This Agreement shall be construed in accordance with the domestic laws of the State of California, without reference to the conflicts of laws principles thereof. The terms of Sections 3,6,7,9, and 11 shall survive any expiration or termination of this Agreement. All notices given hereunder shall be given by first class mail, return receipt requested. This Agreement is non - exclusive to the parties hereto. Affiliate shall not make any press release or other public announcement regarding this Agreement or the transactions contemplated hereby without prior written consent of Table For Six Total Adventures.

I accept these terms and wish to apply.