TERMS AND CONDITIONS:

CITEBEUR AFFILIATE PROGRAM is run by STUDIO PRESSE SARL provides Internet adult entertainments and offers an CITEBEUR AFFILIATE PROGRAM to websites operators (Affiliates), aiming to promote its activities. Its headquarters are located in Paris, BP6444, 75064 Paris Cedex 02, France.Legal Entity RCS Paris B434996419. Numéro de TVA: FR60434996419

THE AFFILIATE operates an Internet Website of gay oriented content intended for use by adults only and wishes to promote websites from CITEBEUR AFFILIATE PROGRAM (Citebeur.com, Bolatino.com, Universblack.com, Gayarabclub.com, Hotcast.fr, Darkcruising.com) on his/her own websites by the means of links or promotional banners.

This, is the Legal Agreement which you must read and accept when submitting your application to become a member of CITEBEUR AFFILIATE PROGRAM’s CITEBEUR AFFILIATE PROGRAM. By accepting this Legal Agreement you will agree to its Terms and Conditions described below:

1- OBJECT:

This legal agreement describes the conditions by which the Affiliate agrees to commit in promoting CITEBEUR AFFILIATE PROGRAM’s websites by the mean of links, promotional banners or websites.

2- CITEBEUR AFFILIATE PROGRAM’S LIABILITY:

2-1. CITEBEUR AFFILIATE PROGRAM agrees to pay the Affiliate a commission based on the rate after-specified in section 4 and all the related applicable taxes.

2-2. CITEBEUR AFFILIATE PROGRAM agrees to give access to the Affiliate’s sales figures in the form of online statistics.

2-3. In addition to the services described in this agreement, CITEBEUR AFFILIATE PROGRAM and the Affiliate may agree to additional services. Such future additional services will be submitted to this agreement and added as possible annexes with the agreement of both parties.

3-THE AFFILIATE’S LIABILITY:

3-1. By accepting the terms and conditions the Affiliate agrees that he/she is over the age of eighteen (18) or of legal age if he/she is a resident of a State/Country where the legal age is greater than eighteen (18).

3-2. The Affiliate is the sole responsible for the content of his/her website and the possible damages caused by its publication or use.

3-3. The Affiliate will not use any form of spam (email, newsgroup etc.) to generate profit.

3-4. The Affiliate is responsible for the creation, development, update and modification of the content related to the Partner’s websites.

3-5. The Affiliate agrees to follow and respect the Net Etiquette while promoting CITEBEUR AFFILIATE PROGRAM’s services. A breach of this commitment will result in the immediate termination of this contract and without damages.

3-6. The Affiliate agrees not to mislead his website users by giving false information about CITEBEUR AFFILIATE PROGRAM’s services and prices. A breach of this commitment will result in the immediate termination of this contract.

3-7. The Affiliate agrees to promote CITEBEUR AFFILIATE PROGRAM’s services on websites which are in accordance with the laws of the country in which he/she operates.

4- COMMISSION PAYMENTS:

4-1. Each customer who has clicked on one of the links, banners or galleries that the AFFILIATE has put on its site(s) will be linked to the AFFILIATE Account in our database but only at the condition that this client hasn't already created an account prior to being redirected through the AFFILIATE website. The AFFILIATE will benefit from a commission on his spending for a period of 3 months from the first client 's purchase if the client is an EU resident and 4 months for a non EU resident. For each purchase completed during the above period, the Affiliate will receive a commission. The commission rate applying for VOD purchase (all taxes include) from EU customers is 25% and 30% from a non EU customer. The commission rate applying for DVD and accessories purchases (all taxe included), on CITEBEUR shops, is 10% for both EU customers, and non EU customers.
Stand Commission rates and revenue sharing period can be modified through bilateral contract between Citebeur and Affiliate.
Payments will be made on a monthly bases, no later than 30 days after the last day of the previous month.

4-2. CITEBEUR AFFILIATE PROGRAM agrees to give access to different turnover figures in an online statistical area of its CITEBEUR AFFILIATE PROGRAM website.

4-3. In the event of the applicable tax rate being changed, Sutdio Presse reserves the right to modify the commission paid to the Affiliate in accordance to the new tax scale.

4-.4 Terms and conditions of payment. The payment of the commission will be made within thirty (30) days starting from the end of each month.

4-5. The Affiliate has the right to claim the commission generated over a period of twelve (12) months after which he/she will lose the ownership of these commission and will no longer be entitled to their payment.

5- AFFILIATE’S WEBSITE CONTENT:

5-1. The Affiliate declares and guarantees that all material, services and content appearing on his/her website does not violate in any way the laws of the country in which he/she operates, including copyrights, trademarks, privacy, or other personal or proprietary rights. The Affiliate declares and guarantees that he/she will not publish illegal material or material violating the laws of the Public Authorities. The Affiliate will defend and indemnify CITEBEUR AFFILIATE PROGRAM from and against any and all third party damages, liabilities, claims, costs and expenses arising out of the operation of his/her website.

5-2. CITEBEUR AFFILIATE PROGRAM reserves the right to terminate this contract without notice if the material, services and content of the Affiliate’s website are in breach of the above 5-1. section . CITEBEUR AFFILIATE PROGRAM reserves the right to terminate without notice this contract if the Affiliate modifies in a significant way the content, material and services of his/her website without CITEBEUR AFFILIATE PROGRAM’s prior authorization. “Significant” defined as that which CITEBEUR AFFILIATE PROGRAM deems to be significant.

6- SECURITY AND CONFIDENTIALITY

6-1. The Affiliate is responsible for any loss and non-authorised access to CITEBEUR AFFILIATE PROGRAM data available to him/her on his/her own website.

6-2. The Affiliate is responsible for and in charge of any documents, information and instruction given to him/her by CITEBEUR AFFILIATE PROGRAM.

7- RELATIONSHIP BETWEEN PARTIES:

Both parties are independent and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. The parties of this agreement hereinafter are CITEBEUR AFFILIATE PROGRAM and you the Affiliate.

8- COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS:

The use of any of CITEBEUR AFFILIATE PROGRAM’s graphic elements, material and technical solutions by the affiliate grants him/her no rights in relation to copyrights, trademark or intellectual property rights. The affiliate agrees to use the above material, content and technical solutions within the terms and conditions of this agreement.

9- CONTRACT DURATION:

9-1. This contract will be valid for a period of one year from the day of the online acceptance of CITEBEUR AFFILIATE PROGRAM’s Terms and Conditions. This contract will be automatically renewed upon expiration of the initial period for another year and so on unless a letter of termination (registered post with confirmation of delivery) is sent by the Affiliate to CITEBEUR AFFILIATE PROGRAM at least two months before the end of the contract.

9-2. Any amendment to the present contract will be added in annexes.

10- EARLY TERMINATION OF THE CONTRACT:

10-1. This contract will be terminated in case of non-respect of any of the Terms and Conditions present in this contract by any of the parties, fifteen (15) days after reception of a notice letter (registered post) and no subsequent action.

10-2 The above termination of the contract does not free the Affiliate from an obligation, in particular regarding the privacy, confidentiality and copyrights of the parties. The above rights and obligations prevail upon the termination of this contract.

11- MISCELLANEOUS

11-1. Force majeure. None of the parties will be considered at fault if unable to fulfill part of or the totality of their obligations as per this contract by case of force majeure. Force majeure is an event which is unpredictable, irresistible and therefore makes the execution of those obligations impossible.

11-2. CITEBEUR AFFILIATE PROGRAM reserves the right to concede, transfer or to bring, in whatever form to a third party, the rights and obligations uprising from this contract.

11-3 These Terms and Conditions shall be governed and interpreted in accordance with the laws of France. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of The Tribunal du Commerce de Paris, France.

CITEBEUR CITEBEUR AFFILIATE PROGRAM
BP 64444 - 75064 Paris Cedex 02
Tel + 33 1 40 39 02 64