| 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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