Wolfe Video Affiliate Service Agreement

After you have read this agreement in its entirety please return to our Affiliate Form and click the checkbox to acknowledge that you have read and agree to be bound by the terms and conditions of the Wolfe Video Affiliate Service Agreement.

This Agreement contains the terms and conditions agreed upon between you (Third Party) and Wolfe Video (herein to be referred to as "Wolfe Video") with respect to Wolfe Video serving as your e-commerce service provider for VHS videos, DVDs and books.

Getting started as a Wolfe Affiliate is as easy as 1-2-3 (4-5)!

1) Sign Up as a Wolfe Video Affiliate (create links, post banners, etc.)

The most important thing for you to remember as an affiliate is to create your links properly so that your sales are effectively tracked and you are compensated for all sales that come through your website. As soon as your affiliate application has been approved, you will be directed to our fabulous Affiliate Program page which will help you create your links and provide you with a selection of Wolfe Video banners for you to place on your site. Our Affiliate Services Manager is always available by email if you have any questions or need help setting up your links.

2) Wolfe Handles All the Orders, Customer Service, etc.

Wolfe Video's excellent selection of LGBT DVDs & videos, competitive prices and top customer service are just a few of the reasons why we're one of the top LGBT e-commerce/mail order companies around! All orders that come to us from your site will be handled with our signature attention to detail. Your commission payments will be sent out on a quarterly basis (plus, you can always log on to your account page to check your current sales activity). REMEMBER: It is your responsibility to make sure all your links are properly created in order for your commission to be effectively tracked.

3) We Pay the Best Commissions (Here's how it all really works)

Wolfe will pay you a 15% commission on all of our regularly available titles, and a 20% commission on all titles released on the Wolfe Video label (click here to see a complete list of Wolfe Video titles). These commissions will be credited to your Affiliate account based on the links you create on your website using your affiliate code number. When visitors to your website follow your link and visit the Wolfe website - you will be paid commissions on purchases that occur during that visit (or additional visits that come through your website and utilize your affiliate code link). If visitors come to the Wolfe website directly (without using your affiliate link) you will not accrue any commissions on those transactions.

Your commission is based on Gross Revenue (gross receipts minus sales tax, shipping costs and credit card charges). For transactions to generate commissions for you, each transaction must be complete (the visitor follows the affiliate link from your website to WolfeVideo.com, purchases a video/DVD/book, pays for it and receives their order).

Returns
Commissions on returned titles will be deducted from your subsequent affiliate commission check. If no subsequent affiliate check is due to you, Wolfe will bill you for the amount of the return, and you hereby agree to make payment within 30 days. Please note also that a credit card processing fee of [2.5% of Gross Revenue] will be deducted from each commission check.

Accounting and Affiliate Payments
You can view your current sales activity at any time on your Affiliate area of our website. Wolfe Video mails out commission checks on a quarterly basis if your account has earned a minimum of $40 in commissions. If your quarterly affiliate commission amount due is less than $40, the amount will be carried over to subsequent quarters until it rises above $40, at which point an affiliate commission check will be sent to you.

4) Your Responsibilities as an Affiliate (More Important Details)
It is your sole responsibility to maintain your website in accordance with recognized standards and practices of the Internet. You agree that Wolfe has no responsibility or liability for the Content, advertising, products, or other materials available through your website. Further, you will not send unsolicited emails (Spam) containing the Wolfe logo or WolfeVideo.com affiliate links (all affiliate email marketing must be directed to legitimate subscribers or members of your lists or newsletters).

Linking to Wolfe
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Wolfe so long as the link does not portray Wolfe, its affiliates, or their items or services in a false, misleading, or offensive matter. You may not use any Wolfe logo or graphic or trademark as part of the link without the express written permission of Wolfe.

Limitation of Liability
Wolfe Video will not be responsible or liable for any loss of revenue to you as an Affiliate. Wolfe will maintain and operate the WolfeVideo.com website to the best of our abilities and in accordance with recognized standards and practices of the Internet. However, we will not be liable for any loss of revenue to you as an Affiliate due to outages or technical difficulties on the WolfeVideo.com website

Term of Agreement
The term of this agreement shall begin on receipt thereof and continue for one year, to be automatically renewable annually unless terminated in writing by either party with thirty days notice. Commission rates are subject to change without notice following the initial one-year term.

5) Customer & Affiliate Terms of Service (You need to read all of this)
All customers referred to Wolfe Video through your site will become customers of Wolfe Video and are subject to the terms of use  and privacy policy of the Wolfe Video.com site. As an Affiliate, you are also subject to the terms of use and privacy policy of the WolfeVideo.com site.

Terms of use

Introduction
This Web Site is provided to you under these "Terms of Use" and any amendments or supplements to them that may be posted by Wolfe Video, L.L.C. ("Wolfe") from time to time (collectively referred to as this "Agreement"). Your use of this Web Site shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not use the Web Site or order any items from it.

Ownership
This Web site ("Web Site") is owned by Wolfe Video, L.L.C. ("Wolfe"). All right to, title to, and interest in the content displayed on the Web Site, including but not limited to the Web Site's look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of Wolfe or its respective partners, agents, or third parties.

Modifications to the Agreement
Wolfe may make changes to the Agreement from time to time in its sole discretion, and will post any such changes on the Web Site. Each time changes are made to the Agreement, notice of these changes will be posted on the home page. Your continued use of the Web Site or placement of orders following the posting of changes constitutes your acceptance of any such changes.

Web Site Intended Audience
This Web Site is intended for and directed to adults in the United States only. This Web Site is not intended for any children under the age of 13.

Privacy
The information that we obtain through your use of the Web Site, whether through the registration process or otherwise, is subject to our Privacy Policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Web Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use the Web Site or order any items from it.

Protection of Intellectual Rights and License
You acknowledge that content available through the Web Site, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by Wolfe herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Web Site or any content (including, without limitation, any software) available through the Web Site.

You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Web Site for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, distribute, or sell content retrieved from the Web Site in any way, for any commercial use or provide it to any commercial source, including other Web sites, regardless of whether you receive compensation, without the prior written permission of Wolfe. You may not frame any trademark, logo, or other proprietary information on this Web Site without the express written consent of Wolfe. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Web Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Wolfe's Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.

Information Disclaimer
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES ON THE WEB SITE ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND ARE NEITHER MEDICAL NOR HEALTHCARE ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEB SITE. WOLFE AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEB SITE. WHILE WOLFE STRIVES TO KEEP THE INFORMATION ON THE WEB SITE ACCURATE, COMPLETE, AND UP-TO-DATE, WOLFE AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.

Disclaimer of Warranties With Respect to Use of Web Site
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WOLFE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

WOLFE DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WOLFE MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WOLFE OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WOLFE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (6) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WOLFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

  • Indemnification
    You agree to indemnify and hold harmless Wolfe, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Web Site; Content you submit, post, or transmit through the Web Site; your breach of the Agreement; and your connection to the Web Site.
  • Trademark Notices
    Wolfe Video, the Wolfe Video logo and design and WolfeVideo.com are registered trademarks of Wolfe Video, L.L.C. All other trademarks and servicemarks are the property of their respective owners. You may not use or display any trademarks or service marks owned by Wolfe Video without our prior written consent. You may not use or display any other trademarks or service marks displayed on this site without the permission of their owners.
  • Modification or Suspension of the Web Site
    You agree that Wolfe may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that Wolfe will not be liable for the consequences of doing so.
  • Termination
    You agree that Wolfe may, in its sole discretion, and at any time, terminate your use of the Web Site, and may remove or delete any or all of your Content within the Web Site, without prior notice to you for any reason that Wolfe, in its sole discretion, deems appropriate. You further agree that Wolfe will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Web Site. In the event of any termination of your use of or access to the Web Site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.
  • Severability of Agreement
    If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
  • Limitations of Actions Brought Against Wolfe
    You agree that any claim or cause of action arising out of your use of the Web Site or the Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
  • Applicable Law
    The Agreement and the resolution of any dispute related to the Agreement, the Web Site, or items you purchase through the Web Site shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Wolfe and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California, County of San Francisco and/or the Northern District of California, and you agree to submit to the personal and exclusive jurisdiction of such courts.

I have read and agree to be bound by the terms and conditions of the Wolfe Video Affiliate Service Agreement.