Terms of Use

By registering an affiliate account with Swurve.com’s Affiliate Program (referred to herein as “the Program”) you are expressly signifying you agree to the following terms and conditions and affirm you will abide by the acceptable use policies outlined in this Agreement (“the Agreement”) in conjunction with the promotion of Swurve Media Corporation’s web properties (“the Service” or “the site”). We encourage you completely read the following terms and conditions carefully as they form the Agreement between you (also referred to herein as “you”, “affiliate” or “user”) and Swurve Media Corporation (referred to hereinafter as “swurve.com”, “we” or “us”) and you agree to be bound by these terms and conditions for as long as you continue to interact with the program.

This Agreement pertains to anyone who enrolls in the Swurve Affiliate Program and to all websites owned, operated, published and / or controlled by Swurve Media Corporation, including and without limitation www.swurve.com.

We reserve the right to modify the terms of the Agreement at any time. Any changes made will be considered effective immediately upon notice. Notice of changes to the Agreement will be posted on the site whenever significant updates are made. Your continued use of the Program after such notice signifies your acceptance of these changes. A link to the Agreement will always be made available to you through inclusion in the footer located on the bottom of the Program’s home page for your review at any time.

ELIGIBILITY

Swurve.com’s Affiliate Program, its websites and services are intended for use solely by adults only. Access or use of the Program or the Service in any way by individuals under the age of 18 years old is strictly prohibited.

By registering and submitting an application to the Program you warrant that you are of legal age (18 years of age or older) and that you have the right, authority and capacity to enter into this Agreement and abide by all terms and conditions outlined herein.

ENROLLMENT

To enroll in the Swurve affiliate program you must submit an application via our secure registration form. You agree that the information you provide about yourself and your business (“account data”) is truthful, accurate, current and complete. It is also your responsibility to update your account data to ensure its continued accuracy as long as you are an active participant in the Program. You acknowledge that should your account data be found to be false or inaccurate in any respect we reserve the right to withhold commissions and suspend access to the program, up to and including possible termination of your account.

Applications to the program shall be approved or denied at our sole discretion. We reserve the right to reject or deny any application for enrollment into the Program for any reason whatsoever.

ACCEPTABLE USE

As a registered affiliate of Swurve.com you agree to use the Program in accordance with the following guidelines for acceptable use. Failure to abide by the guidelines outlined in the Agreement may result in actions including withheld commissions and suspended access to the program up to and termination of your account.

You agree that in your use of the Program you will abide by the following:

1. SPAMMING OR SENDING UNSOLICITED COMMERCIAL EMAIL OF ANY SORT IS NOT TOLLERATED.
2. You may not place links on or promote the service through any website that promotes illegal activities or questionable, illegal or obscene content. Examples include but are not limited to content that is harassing, abusive or obscene; advocates violence or harm to one’s self or others; encourages password trading, copyright violation, hacking or warez activities, depicts minors in sexual situations (including implied nudity and teen pornography concepts); or promotes racism, hate speech, or encourages violations of civil rights.
3. You may not place links on or promote the service through any website that targets / is marketed directly to children under the age of 18 years old.
4. You may not place links on or promote the service through malware of any kind. Examples include but are not limited to: spyware, adware, worms, computer viruses, trojan programs, crimeware, root kits, or other malicious or unwanted software applications.
5. All banners, ad tools, and creatives made available through the Program may only be used exclusively in conjunction with promotion of the service. Any graphics, banners, ad tools or creatives not provided by the Program must be pre-approved in writing by an affiliate account manager prior to use.
6. You may not create links or other advertizing materials that are misleading or misrepresent the content of the site or the aspects of service in any way.
7. Banners, ad tools, and creatives provided through the Program may not be used to market any other website or service.
8. Use of the company’s branding, marks, domains and other terms protected as intellectual property of Swurve in meta data, paid search, or keyword advertising is strictly prohibited.
9. You may not perform any action intended to circumvent the navigational structure or security of the Program or the Service, including, without limitation, forged routing or email address information, IP spoofing, alteration of registration including bypassing manual submit of a date of birth and TOS agreement, or manipulation of cookies.
10. You may not modify, adapt, sublicense, sell, reverse engineer, manipulate or otherwise disassemble any portion of the website or any of the proprietary software of the Service or encourage others to do so;
11. You may not perform any action intended to interfere with or damage the Service, including, without limitation, the use of viruses, Trojan horses, spyware, malicious code, or denial of service attacks; and
12. You may not assist any third party in performing any of the actions listed above

You are solely responsible to ensure your actions in marketing the Service are not in violation of our Acceptable Use or any other terms included in the Agreement. If you are unsure if a marketing practice falls within the guidelines of Acceptable Use we encourage you to contact your account manager or email the company directly. We are more than happy to review your proposed advertising methods, offer advice and assist you in any way we can to remain compliant with our rules and regulations so we may continue to work together.

COMMISSION

Commissions generated through “Pay Per Sale” plans allow an affiliate to earn a one-time flat fee when a new premium membership is successfully initiated by a user referred by an affiliate. Affiliates selecting Pay Per Sale commission plans do not earn on revenue generated by recurring transactions.

Commissions generated through “Rev-Share” plans allow an affiliate to earn a percentage of all revenue generated by membership fees of users they have referred. Affiliates selecting Rev-share commission plans earn a percentage of the initial sale as well as a percentage of all subsequent successful recurring transactions that result from the referred user’s membership.

Payout amounts and available commission plans are subject to change. Affiliates may also switch their plans and payment options at any time through the account controls available through the Program, by contacting an account manager, or sending an email request to [email protected] . The new plan will apply to all users referred to the site after the plan change has been processed. Users of the Service who have been referred previous to plan changes will not be transferred and will continue to generate commission based on the plan that was active at the time of their referral. Should the company exercise its right to edit a commission plan changes shall take immediate effect. All pending commissions will not be recalculated and will remain unaltered Commissions are earned on revenue generated by membership fees paid to access the service only, other transactions customers may make through the service, its affiliates, or partners are not eligible to be included in the Program. Any commission earned from revenue that is entered into dispute by an issuing bank or cardholder will be deducted from the account balance.

PAYOUTS

Pay periods run from the 1^st through the 15^th and from the 16^th to the end of each calendar month. Payouts are calculated and are due to be cut 5 business days from the close of the previous pay period. Payouts are made semi-monthly and occur bi-weekly on average.

If an account is flagged for suspicious or fraudulent activity payments may be held until an investigation can be completed and a resolution can be determined. Investigations are typically resolved in 2 weeks but can take up to 30 days. During that time any residual sales will be calculated and added to the pending commission on hold. At the conclusion pending commissions will either be released at the close of the following pay period or removed at the time of account termination depending on the result of the investigation.

TAX POLICY

All participants of the Program that are subject to U.S. taxes are responsible to report their earnings to the IRS. If your physical address on file with the Program is based within the United States we are required to have a completed W-9 form on file for your account.

You can download a W-9 form at the following: http://www.irs.gov/pub/irs-pdf/fw9.pdf

You can submit your completed form by fax to 727-330-7225, by attaching a scanned completed document to [email protected] or by mailing to our physical address at: Swurve Media Corp, 1497 Main St, Suite 331, Dunedin, FL 34698

We reserve the right to withhold all pending payments to you until a completed W-9 form has been received.

RELATIONSHIP OF PARTIES

This Agreement does not constitute any employment relationship and shall not be construed to create any partnership or joint venture between the parties. As an affiliate and participant in the Program you are not a sales representative, agent, or employee of the Company and have no authority to make any representations or accept any offers on our behalf.

TERMINATION

You acknowledge and understand that Swurve may choose to end your affiliate relationship to the Program at our sole discretion for any reason, including, but without limitation, your breach of the terms outlined in the Agreement. Should we choose to sever your affiliate relationship with the Program without cause you will receive notification in writing sent to the email address on record and any pending commission due at the time of severance will be paid out by check. Upon notice of termination you agree to immediately remove from your site any and all links, company marks, branding, and related ad materials as well as promptly destroy or return any and all creative that contain or relate to our products and services in your possession.

You agree that termination of your access to the Program may occur without prior notice or written warning should your account be found in violation of any of the terms outlined in the Agreement. By breaching the Agreement you understand you are not entitled to any unpaid balances, transfers, or credits remaining at the time of termination. Termination of your affiliate account does not terminate the Agreement.

Email marketing is strictly prohibited to approved partners only. If you would like to be approved to market the Service by email you will need to contact your account manager to receive approval to do so in writing. Accounts sending email generated traffic that have not been approved are in breach of the Agreement and are subject to termination.

Accounts that have become dormant following a period of inactivity of longer than 60 days are subject to being frozen. Frozen accounts will remain in stasis until they are reactivated by the affiliate or account manager. Frozen accounts that remain dormant for a period of over 180 days are subject to termination.

The primary markets for the Service are English speaking countries including the United States, Canada, Australia and the United Kingdom. Affiliates sending disproportionate traffic that does not primarily originate from these countries are also subject to termination.

PROPRIETARY RIGHTS

All content and materials available on Swurve.com as well as those made available through the Program are the sole property of Swurve Media Corporation and are protected by our rights and /or the rights of our licensors including but not limited to trademarks, copyrights, service marks, publicity, patents, trade secrets, and proprietary software. Except for that information which is public domain or which you have been given express permission you will not duplicate, modify, publish, transmit, distribute, perform, display, sell, license or rent any such proprietary information.

You agree to not systematically retrieve data, content, or other materials from the Service with intention to create or compile a collection, compilation, database, directory or the like whether by manual methods, employing the use of scripted programs or by any other means. You agree not to use our company name, domain name, or any of our other trademarks as metadata for other websites. You agree not to hot link, display in a frame or otherwise link any content not made available through the Program originally hosted on our Service.

COOPERATION WITH LAW ENFORCEMENT AGENCIES

Swurve.com reserves the right to fully comply with any and all law enforcement agencies and court orders requesting or directing the company, its affiliates and content providers to disclose information regarding any individual who is using or has used the Program or has obtained content available or in association with the website. By accepting this Agreement and through continued access to and use of the Program you agree to waive and hold harmless the company, its affiliates and content providers from any and all claims resulting from any and all actions that result from cooperation with any law enforcement agency or legal authority’s investigations.

DISCLAIMER OF WARRANTY

YOU ACKNOWLEDGE AND UNDERSTAND THAT IN USING OUR SERVICE PROVIDED THROUGH THE SWURVE.COM WEBSITE YOU DO SO AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY IN REGARDS TO THE SERVICE OR THE WEBSITE. SWURVE.COM EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF AVAILABILITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

YOU ACKNOWLEDGE AND UNDERSTAND THAT WE DO NOT WARRANT THE PROGRAM OR THE SERVICE WILL BE ALWAYS ACCESSABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE OR ERRORS ON THE SITE WILL BE CORRECTED. YOU UNDERSTAND THAT WE WILL NOT BE HELD LIABLE FOR ANY POTENTIAL LOSSES DUE TO DOWNTIME FROM ERRORS IN HARDWARE OR SOFTWARE, HOSTING ISSUES, OR OTHER TECHNICAL ERRORS. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS, TECHNICAL ERRORS OR MALFUNCTION OF ANY TELEPHONE LINES, COMPUTER SYSTEMS, NETWORKS, COMPUTER EQUIPMENT, SERVERS OR PROVIDERS, HARDWARE, SOFTWARE, EMAIL CLIENT, OR MEDIA PLAYERS ON ACCOUNT OF THECNICAL PROBLEMS OR TRAFFIC CONJECTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINTION THEREOF, INCLUDING DAMAGE OR INJURY TO USERS’ OR ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE PROGRAM. UNDER NO CIRCUMSTANCES AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY SHALL THE COMPANY OR ANY OF ITS AFFILIATES, ADVERTIZERS, PROMOTERS, DISTRIBUTION PARTNERS, SHAREHOLDERS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S ACCESS TO THE WEBSITE OR USE OF THE PROGRAM OR ANY CONTENT ON THE SITE.

NO INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM OUR COMPANY, ITS AGENTS OR EMPLOYEES THROUGH OR FROM THE PROGRAM WILL SUPERCEED THIS AGREEMENT OR CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND UNDERSTAND IN NO EVENT WILL SWURVE.COM BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OT SERVICE INTERRUPTIONS ARISING FROM USAGE OR INABILITY TO USE THE PROGRAM OR ACCESS THE WEBSITE EVEN IF SWURVE.COM, ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE AND UNDERSTAND THE COMPANY WILL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING SERVICE WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, NATURAL DISASTERS, ACTS OF TERRORISM, GOVERNMENTAL ACTS, LAWS AND REGULATIONS, LABOR STRIKES, THE BREAKDOWN OF COMMUNICATIONS SYSTEMS OR INFRASTRUCTURE, HARDWARE OR SOFTWARE FAILURES, PIRACY, OR TRANSPORTATION STOPPAGES.

YOU ACKNOWLEDGE AND UNDERSTAND IN ALL EVENTS SWURVE.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SWURVE.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP AND THAT IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THRID PARTY IN ANY MATTER ARRISING FROM, IN RELATION TO, OR CONNECTED WITH USE OF THE SERVICE OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100 USD).

Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and liability limitations may or may not apply to you based on your state and local laws.

INDEMNITY

You agree to defend Swurve.com, its shareholders, employees and agents, affiliates, service providers, and billers from any and all third party claims, liability, damages, and expenses as well as compensate all costs, including, but not limited to, reasonable attorneys fees, arising from your use (or any other user of your account) of the Service, your violation of the terms outlined in the Agreement, your provision of content to the Service, or your infringement of any intellectual property or other individual’s rights.

GOVERNING LAW AND JURISDICTION

You acknowledge and understand that this Agreement and all matters arising out of or otherwise relating to the Agreement and/or in connection with use of the Program shall be governed by the laws of the State of Florida without regard to conflict of laws provisions. Any and all disputes arising out of the terms outlined in the Agreement must be, without exception, brought to court and litigated in Pinellas County, Florida.
You agree that:

1. All actions or proceedings arising in connection with the terms and conditions of the Agreement or any services or business interactions between you and Swurve.com, its shareholders, agents or other parties that may be subject to the Agreement, shall be tried and/or litigated exclusively in the State and Federal courts located in Pinellas County, Florida
2. Exclusive jurisdiction shall be in, and only in, Pinellas County, Florida
3. Exclusive venue shall be in, and only in, Pinellas County, Florida
4. The choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, the Agreement in a jurisdiction other than that specified in this paragraph
5. You are hereby waiving any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under the Agreement whatsoever
6. You are hereby stipulating that the State and Federal courts located in Pinellas County, Florida shall have personal jurisdiction over you, the company and all parties subject to the Agreement, for the purpose of litigating any dispute, controversy, or proceeding arising out of, or related to, the Agreement and/or the relationship between you and the Service
7. You hereby authorize and accept service of process sufficient for personal jurisdiction in any legal action by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in the Agreement
8. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by such if law enforcement becomes necessary

GENERAL PROVISIONS

This Agreement, accepted by you upon registration to Swurve.com and access to the website and Program, constitutes the entire agreement between you and Swurve Media Corporation regarding the Program and the website and shall supersede all prior and contemporaneous agreements between the parties regarding their subject matter. You understand your account access to the Swurve.com affiliate program shall terminate immediately and all commissions earned may be revoked or withheld without notice should you breach any of the terms and conditions outlined in the Agreement. Unless otherwise explicitly stated the Agreement will survive the termination of your account and access to the Program. The invalidity or unenforceability of any part the Agreement shall not affect the validity or enforceability of the remaining terms and conditions of the Agreement, or the Agreement as a whole, all of which shall remain in full force and effect.

If you have any questions or concerns about the Agreement, our Company, or the Program you can contact us at [email protected] or by sending us postal mail to: Swurve Media Corp, 1497 Main St, Suite 331, Dunedin, FL 34698