1) Term of the Agreements
The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.
2) Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
3) Limitation of Liability
We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
4) Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
5) Miscellaneous
This Agreement will be governed by the laws of the Czech Republic, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Czech courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
6) Spyware
We will refuse all applications or signups from affiliates which we believe participate in spyware, adware or parasite-ware techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these practices are in place. Affiliates found in violation of this policy will be immediately terminated from the program and will forfeit all commissions.
We will also refuse payment to sites that promote us while also showing scenes, clips and sections of scenes without our permission. Tube sites must make sure that they have removed our content from their site or sought permission to show our content; failure to do so will render the relationship broken and no commission will be paid out to the Tube site.
7) Promotion
Affiliates will only earn fees if they are actively promoting the site to a level deemed acceptable by the operators of AngelofCash. If they decide the promotion is not sufficient then they can immediately terminate the affiliate's account and no further commissions need to be paid.
8) Payment
Where possible we will try to pay via a means acceptable to the affiliate; however we reserve the right to pay by any mechanism we wish – wire transfer, Paxum, etc.
9) Content & Promotional Materials
By promoting the sites the affiliate accepts that he has no right or title to any of the images or films. All promotional materials must be credited to www.angelofbogota.com or linked directly to one of our commercial sites. Affiliates who at their own discretion display illegally obtained content, such as peer to peer downloads or online streaming sites, will have their account suspended, and all monetary amounts will be retained at the operator's own discretion.
10) Payment Dates
Payment dates on commissions may vary and no compensation can be claimed for late payment. We generally make commission payments 2 months after the close of the payout month.
11) Account Termination or Suspension
If an affiliate account is terminated or suspended, we reserve the right to withhold the last month's payment for six months to cover exposure to credit card chargebacks. The chargeback amounts will be removed from the last payment and then all monies owed will be transferred to the affiliate.
12) Commission Deductions
All commissions are payable as net commissions after removal of the applicable taxes and fees:
- European sales: −21% Czech sales tax and −12.5% credit card fees
- USA and rest of the world: −12.5% credit card fees
These costs of sale are automatically deducted and affiliates will automatically receive their commission on the remainder.
13) Invoicing
13.1 Payment Basis
All commissions earned under this Agreement shall be calculated based on Net Revenue as defined above and shall become payable only in accordance with the invoicing provisions set out below.
13.2 Standard Invoicing (Affiliate Invoice Model)
Unless otherwise agreed in writing, commissions shall be payable against a valid invoice issued by the Affiliate. The Affiliate shall be solely responsible for issuing invoices that comply with all applicable tax laws and regulations, including, where applicable, VAT identification number and correct VAT treatment. The Company shall process payment in a timely manner as stated above under section 10) following receipt and verification of a compliant invoice.
13.3 Self-Billing Arrangement
Alternatively, the Parties may agree to operate under a self-billing arrangement in accordance with applicable VAT regulations. Under such arrangement, the Company shall issue self-billing invoices on behalf of the Affiliate for commissions due.
The Affiliate expressly agrees:
- not to issue separate invoices for the same commissions,
- to accept each self-billing invoice unless disputed in writing within 7 days of issuance,
- to provide accurate and up-to-date tax and VAT information.
Each self-billing invoice shall contain all legally required information under applicable VAT law and shall be deemed accepted if not disputed within the specified period.
13.4 VAT Treatment
Where applicable, the reverse charge mechanism shall apply and must be correctly indicated on the invoice or self-billing document.
13.5 No Payment Without Proper Documentation
The operators of AngelofCash shall have no payment obligation unless a valid invoice has been submitted or a self-billing invoice has been properly issued in accordance with this Agreement.
13.6 Right to Withhold
The operators of AngelofCash reserve the right to withhold payments in the event of:
- incomplete tax information,
- non-compliant invoicing,
- fraud suspicion, or
- regulatory requirements.
14) Account Queries
Due to the high number of account queries, we will now levy a charge of $50 per enquiry if we have to prove that we have paid your bill. We pay all our bills on time, so if we have paid and it is in your account, we need to be recompensed for the effort in showing you that you have in fact received our payment.