Titan Media Affiliate Agreement

General Terms

This TitanMenCash Affiliate Agreement contains the complete terms and conditions which apply to your participation as a member of the program. By advertising sites owned by the Company, you agree to be bound by this Affiliate Agreement.

You must be over 18 (or 21 if that is the age of majority in your country of residence) to participate in the program.
We reserve the right to reject any application for any reason.
We reserve the right to close an account, or deactivate any program or subprogram in an account that is not generating sales or traffic. In such case, we will pay any Affiliate Fees due, unless the Affiliate violated the terms of the Affiliate Agreement.

Definitions:

"Affiliate" means the individual or entity applying to be, or operating as, a member of Program as described herein. Any person who applies for an Affiliate Account and supplies the required information and documentation to set up an Affiliate Account shall be considered an Affiliate for the purposes of this Agreement.
"Affiliate Agreement" or "Agreement" means the terms and conditions set forth herein.
"Affiliate Fees" or "Affiliate Rates" means a percentage of Revenue generated from customers the Affiliate sends to the websites, and which Titan Media agrees to pay out to Affiliates under the Terms and Conditions set forth herein.
"Free Content" means Titan Content identified by Titan Media and offered to Affiliates with an express Agreement that Affiliates may use such Free Content in connection with the promotion of Titan Media's websites, services, or products.
"Titan Content" means all of Titan Media's intellectual property rights including, but not limited to, patents, copyrights, authors' rights, trademarks, trade names, know-how and trade secrets, irrespective of whether such rights arise under U.S. or international intellectual property, unfair competition or trade secret laws.
"Revenue" means the gross amount actually collected from customers, subtracting any and all bank fees, processing fees, credits and chargeback's for each period or calendar month. Revenue includes initial and recurring charges.
"Parties" means Titan Media and Affiliates.

Payouts:

Affiliate Rates may be subject to change upon e-mail notice to Affiliates and/or notice posted on the TitanMenCash website. Titan Media only will pay an Affiliate Fee if the visitor to the approved Titan Media site can be tracked by the system from the time of the click on the Affiliate's link to the time of the sale. Titan Media will not pay an Affiliate Fee if the visitor's payment to Titan Media cannot be tracked directly to the Affiliate's site by Titan Media's system, or if the customer does not make full payment for goods or services provided by Titan Media.

Affiliates earn Affiliate Fees for both initial and recurring revenue and future purchases by the consumer.

Payout periods are from the 1st-15th and the 16th-31st of each calendar month. Titan Media pays out Affiliate Fees within 14 days of the end of each payout period. If the Affiliate disputes Titan Media's calculation of Affiliate Fees due, the Affiliate must notify Titan Media of the dispute within thirty days of receipt of the Affiliate Fees, otherwise the payout becomes final.

Affiliate Rates:

50% of initial and recurring membership subscriptions

Affiliate Rates are subject to change at any time.

All funds are paid in U.S. Dollars via check or PayPal. Checks are issued only if Commissions exceed $100.00 per period (PayPal minimum $250). Commissions earned below $100.00 (or $250 if payment is made via PayPal) will be carried forward to the following pay period until the Affiliate has accrued the minimum payout amount. Payments will be sent via regular mail to the address on file.

Prohibited Activities:

Affiliates may not use the following trademarks or terms in association with any form of paid or pay for click/impression advertising:

Titan®
TitanMen®
Titan Media®
TitanMen® Fresh

Affiliates may not promote their own sites as being the official website of Titan Media or any of the abovementioned prohibited Titan Media trademarks or terms.

Affiliates may not link to Titan Media from any web pages with content that might infringe the rights of third parties, including but not limited to: password selling or trading sites, or sites that infringe rights of publicity, copyrights or trademarks.

Affiliates may not register or use any domain name that includes or is similar to any of the abovementioned prohibited Titan Media trademarks or terms.

Affiliates must receive permission to promote Titan Media by mass email. Spamming is strictly prohibited. Affiliates may not use unsolicited e-mail, newsgroup postings, message board postings, irc, icq, chatrooms or any other spamming methods to promote Titan Media's sites or programs.

Affiliates must comply with the CAN SPAM ACT of 2003 regardless of whether Affiliate is located in the United States. If an Affiliate violates the CAN SPAM Act, Titan Media will terminate the Affiliate's Account and void all amounts due.

Affiliates may not promote Titan Media sites or programs on sites that endorse, promote or feature child pornography, bestiality, rape, torture or any illegal activity. This also applies if the activity is legal in your jurisdiction.

Affiliates agree to indemnify Titan Media for any damages it suffers as a result of the Affiliate's violation of any of the Prohibited Activities including without limitation violations of the CAN-SPAM Act. Such indemnification shall include the costs of defending against any claims resulting from the Affiliate's violation of the Prohibited Activities. This indemnity requirement survives the termination of the Affiliate Agreement.

Use of Titan Content:

Titan Media provides Free Content to promote Titan Media services and products. Affiliates can use Free Content for that purpose only, and only for advertising on the Internet. Once the Affiliate has stopped promoting the Affiliate Program or if Titan Media terminates the Affiliate's account, the Affiliate's rights to use the Free Content shall immediately cease. Affiliates may only use Titan Media Content that Titan Media Provides. Titan Media does not license Affiliates or otherwise grant permission for Affiliates to use any other Titan Content without express written permission in advance.

Prohibited countries:

Titan Media will not approve accounts originating from webmasters from within: Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Cost Rica, Croatia, Czech Republic, Estonia, Georgia, Hungary, India, Indonesia, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Korea, Kyrgyzstan, Latvia, Lithuania, Malaysia, Moldova, Pakistan, Poland, Philippines, Romania, Russia, Singapore, Slovakia, Slovenia, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan and Yugoslavia.

Termination:

Titan Media reserves the right to terminate any Affiliate and or Affiliate Account if it believes the Affiliate has breached any terms and conditions. In the event of such breach the Affiliate forfeits any accrued funds Titan Media also reserve the right to terminate any account for any other reason by giving the Affiliate seven (7) days' notice. In such an event, Titan Media will pay all accrued funds. Upon termination, whether for breach or any other reason, Affiliates are required within seven (7) days to remove all Titan Media Content, including without limitation, photos and videos, banners, graphics and logos from the Affiliate's site(s) and cease sending web traffic to Titan Media.

Technology:

Titan Media is not responsible for any faults, delays or downtime that may affect the performance of our sites or programs. There will be no compensation for technical problems. Titan Media uses NATS third party proprietary software to measure and record unique hits and sign ups from Affiliates. In all disputes, the NATS software will prevail in determining the number of unique hits and sales sent by any Affiliate.

Jurisdiction and disputes:

This Agreement and all matters relating to these terms and conditions shall be governed by the laws of the State of California. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of California for resolution of all disputes. Exclusive venue for any litigation permitted under this Agreement shall be with the state and federal courts located in San Francisco County, California.

Relationship of the parties:

The relationship between the Parties under this Agreement is that of independent contractors and shall not be, nor represent themselves to be, a partner, franchiser, franchisee, broker, employee, servant, agent, or representative of the other for any purpose whatsoever. No Party is granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of, or in the name of, another party or to bind another in any manner or thing whatsoever.

Binding agreement:

The Parties acknowledge the legally binding nature of this Agreement. By applying for an Affiliate Account with Titan Media you agree to the conditions outlined in the terms Agreement, and by supplying all the required information and documentation, Affiliate acknowledges and affirmatively states that he or she has read and understand the terms set forth herein and agree to be bound by the terms and conditions hereof.

To contact us or to cancel your account, please email affiliates@TitanMedia.com.