If you have an adult website, it can be cost effective
to become an AdamEve Cash Affiliate. All you have to do is post our banner on your
pages and link to the adameve.com catalog on your site. You will then receive a
commission on every purchase made by customers who come to adameve.com from your
site.
Additionally, you may choose to utilize our Build Your Own Store (BYOS) feature,
which creates a new URL in the format http://yourstorenamhere.adameve.com, which
acts as a mirror to our site and includes your own store name where the adameve.com
logo usually resides.
By becoming an adameve.com affiliate, you enter the world of e-commerce, and in
effect, you have your own adult toy and video store. There is little effort and
no cost for you. Just join the program, post the banner, make sure your members
see it, and cash the checks we mail you.
Of course, all of our descriptions of the AdamEve Cash Affiliate Program are subject
to certain specific terms and conditions. They are set forth below, and you should
read them carefully.
When you become an AdamEve affiliate, you will be working
with the industry’s leading adult toy and video company. You earn money when anyone
who comes from your website makes a purchase. We pay commissions of 20%. In addition,
we pay you $1.00 every time someone who comes from your website registers with the
adameve.com catalog and makes a purchase within 30 days of signing up.
In essence, you have the ability to turn the thousands of visitors to your website
into extra income. Traffic to your site is often a burden, leading your service
provider to charge you for extra bandwidth. Now you can turn that traffic into a
benefit, putting money directly into your pocket.
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Adam & Eve affiliates enjoy the highest commission rates
of any e-commerce site on the Internet today, earning at least 20% on sales generated
through their own links, plus a $1.00 reward for every new, unique customer who
registers on our site and makes a purchase. Affiliates also earn bonus commissions
for future purchases their customers make, $5.00 for every new affiliate they refer
to our program, and 5% of that affiliate's commissions.
Commissions are earned on all web sales made by your customers, and you may retain
customers for life. Your affiliate ID is attached to the customer login, so the
site will recognize them as your customer when they log in to make a purchase. We
do not use cookies to retain affiliate information for each customer.
We sometimes feature special higher promotional rates, allowing you to earn even
more. Some high-volume affiliates may have a preset, contracted commission rate
based on sales and traffic. Not all affiliates are paid at the same rate.
Your commission check will be mailed no later than 30 days after the close of the
month. These commissions are paid on purchases made by customers who come to adameve.com
directly from your site. Once such a customer has made a purchase—or even registered
with adameve.com and not made a purchase on the first visit—you will receive commissions
on any purchases that customer makes, even if they come to adameve.com directly
and not through your site! In other words, once you have recruited a new customer,
it is not necessary for them to return to our website directly through your link
in order for you to earn the commission.
Sales reports showing product sales by date range are available online within the
adamevecash.com website. This will list total sales, but will not list the names
of the purchasers, as these are confidential. Not all affiliates earn commission
at the same rate, and some affiliates may have a preset rate that does not change,
as part of their agreement with AdamEveCash.
*Note: "Product Sales" is total monthly sales for products sold, and does not include
shipping, insurance, or other charges. It also does not include commissions for
new customer signups or new webmaster recruitment. For more information, contact
affiliate@adameve.com
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The adult mail order business has sometimes been given
a bad name as a result of companies that offer poor products and poor service. At
Adam & Eve, we pride ourselves on offering excellent products and service. Adam
& Eve is the most respected adult mail order company. We have been in business for
over 30 years and have been selling on the Internet since 1995.
We own our headquarters, a major, modern building, and have the most up-to-date
computerized order processing, packing and shipping facilities. We have strong relationships
with the US Postal Service and UPS. We have rapid turnaround times, and can ship
overnight. We are one of the largest buyers of adult toys and videos, and get excellent
prices that we pass on to our customers. We deal with the major adult video producers,
and offer videos with major name adult stars. We also produce our own award-winning
videos.
At Adam & Eve, customer service and satisfaction come first. Our customer service
phones are staffed from 7:30 AM to 10:00 PM, Monday through Saturday (ET), and our
products are fully guaranteed.
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AdamEveCash is committed to offering erotic content on
the Internet that meets the highest possible standards for acceptability, and that
prevents minors from viewing inappropriate material. Therefore we require the following
of any affiliate prospective affiliate website in order for them to be accepted
into the program:
- You must have a notice of age requirements (18 or older) at the entrance to your
site before any explicit sexual material, pictures or text. Any depiction of actual
sexual conduct should be viewed only following a user passing through age verification.
Prior to age verification, the viewing of pictures showing nude individuals is acceptable;
however, there must be no sexual activity, self-touching of genitals, or detailed
depictions of genitals or the pubic area displayed or described. This standard includes
your own content as well as visuals in other banners and advertisements on your
site.
- The following types of subject matter are considered unacceptable and will not
be permitted on an affiliate website:
- Incest
- Bestiality
- Depictions of underage participants (including participants who are dressed and depicted as underage, even though the participants are clearly adults)
- Non-consenting or coercive sex (including depictions of sex with individuals who are sleeping or under the influence of drugs or alcohol)
- Sex acts associated with pain or violence
- Bondage (where consent of participants is not clearly depicted)
- Urination and defecation
- Any website that "takes over" a user's web browser, installing software without the user's permission or not releasing the browser to the user's control (multiple pop-ups) on exit from any page within the affiliate site. (If leaving your site causes a user to reboot their system to close the browser, your site will not be accepted.)
- WAREZ sites
- We reserve the right to reject sites on Geocities/Yahoo, Angelfire, AOL/Compuserve, MSN, Tripod, or any other free web host, or any web host on which adult content is not in compliance with the host's terms and conditions
Note that should your website have some bondage pictures, we may find them acceptable
if it is clear that the participants are willing. If you have very heavy bondage
material, we will probably not be able to accept you.
- If your site is members only, registration only or has other restricted areas
where the Adam & Eve banner may be placed, you must provide a user name and password
on the application form so these areas can be reviewed for acceptability. Your site
must be live and online at the time of review. Because of the review standards above,
we DO NOT accept websites that are offline or have not been built.
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Abbreviations
This Agreement contains the complete terms and conditions that apply to an individual's
or entity's participation in the AdamEveCash Affiliate Program (the 'Program').
As used in this Agreement:
- 'AE' refers to Adam & Eve, a division of PHE, Inc., located at 302 Meadowlands
Drive, Hillsborough, NC 27278
- 'Affiliate' refers to the applicant
- 'Site' means a World Wide Web site.
- The AE Site means Adam & Eve site located at the URL www.adameve.com.
- The 'Affiliate's Site' is a Site owned and operated by the Affiliate
that will link to the AE Site.
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Enrollment in the Program
The Affiliate applies for enrollment in the Program by submitting the enrollment
form found on the AE Site. AE will evaluate the Affiliate's application and notify
the Affiliate of the Affiliate's acceptance or rejection. AE may reject the Affiliate's
application for any reason at its sole discretion. If AE accepts the Affiliate's
application, the Affiliate agrees not to allow any content on the Affiliate's Site
which constitutes unacceptable subject matter and to abide by the other Requirements
for Affiliates set forth above (which are incorporated herein by this reference).
Termination of Affiliate
AE may at any time and for any reason, at its sole discretion, terminate an Affiliate's
participation in the Program. Such termination may be made by postal mail or e-mail.
Upon being notified of such termination, the former Affiliate must immediately remove
any and all AE icons and links from the Affiliate's Site to the AE Site, and must
cease making any claims of being an AE Affiliate. Without limiting AE's discretionary
right to terminate for any reason, as stated above, AE reserves the right to terminate
any account that does not have a valid and functioning e-mail address or if the
URL of the Affiliate's Site becomes invalid or inoperative. In the event an Affiliate
is terminated from participation in the Program for violating of the terms of this
Agreement, the Affiliate will forfeit any earned and unpaid commissions beginning
the date the violation was found. AE may in its sole discretion agree to reinstate
an account upon receipt of a request for reinstatement in writing sent to affiliate@adameve.com.
affiliate@adameve.com.
Link on The Affiliate's Site
Upon acceptance into the Program, the Affiliate may post an AE logo on the Affiliate's site and a link to the AE site.
Referral Commissions Schedule
The Affiliate will earn referral commissions based on Qualifying Revenues according
to referral commissions schedules to be established by AE. 'Qualifying Revenues'
are revenues derived by AE from AE's sales of products with respect to which Affiliate
is entitled to a commission (as described below), but excluding costs for shipping,
handling, gift-wrapping, taxes, service charges, credit card processing fees, and
bad debt. Products returned by customers for refunds shall not qualify for referral
commissions.
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Qualifying for Referral Commissions
AE will track all purchases made from the AE Site by customers who come directly
from the Affiliate's Site, or who have come to the AE Site from the Affiliate Site
and have returned later and made a purchase. The Affiliate will receive referral
commissions from all such purchases as described below. AE reserves the right to
reject any order from any customer for any reason, including, but not limited to
the age or location of the customer. For a product sale to be eligible to earn a
referral commission, the customer must enter the AE Site by way of a link from the
Affiliate's Site, select and purchase the product using AE's automated ordering
system, accept delivery of the product at the shipping destination, and remit full
payment to AE. Once a customer coming from the Affiliate's Site has registered with
the AE Site—whether or not they have made a purchase—the Affiliate shall qualify
for referral fees from that customer, even if the customer comes to the AE Site
by a route other than the Affiliate's Site. If the new customer does not make a
purchase within 30 days of registering with AE, the Affiliate loses any claim to
any commissions on later purchases from that customer.
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Commissions from Downline
In addition to commissions from customers coming directly from the Affiliate's Site,
Affiliates will receive fees from customers coming from the Affiliate's Downline
Sites. A downline Site is a Site that has signed up for the AdamEveCash Affiliate
Program by coming to the sign up site directly from the Affiliate's Site.
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Referral Commission Amounts
The base referral commission is 20% for customers coming from the Affiliate's Site
and 5% for all downline sites. On subsequent purchases from an Affiliate's customers,
AE will add a 5% bonus payment (for a total of 25%) for all future product purchases
made online. The 5% bonus will be paid on sales from product and Video on Demand
Sites only, and is not available for recurring membership entertainment sites. AE
reserves the right to change these fees upon notification by an alteration to this
Agreement posted on the AE Site. AE reserves the right to compensate different Affiliates
with different referral fees. The Affiliate understands that AE may at any time—directly
or indirectly—solicit customer referrals on terms that may differ from those contained
in this Agreement or operate websites that are similar to or compete with the Affiliate's
Site. Adam & Eve does not pay referral fees on sales from the Adam & Eve retail
stores, orders placed by mail or phone, or via the Adam & Eve catalog.
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Referral Commissions Credited on Shipping
Referral commissions will be credited to the Affiliate's account only at the time
the customer's credit card is charged, not at the time the purchase is made. AE
charges the customer's credit card at the time the product is shipped. While AE
does everything possible to maintain adequate stock, out-of-stock items can sometimes
delay shipping.
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Referral Commissions for Registration
AE will pay the Affiliate a referral commission of $1.00 for each unique visitor
to the AE Site referred from the Affiliate Site who registers as an AE member, if
the visitor makes a merchandise purchase from the AE Site within 30 days of registration.
However, AE does not pay for new registrations of previously registered customers.
AE will also pay the Affiliate $5.00 for each new webmaster approved for the Affiliate
Program, referred through the Affiliate's link. This is in addition to the downline
commissions referred to above.
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Referral Commission Payment
AE will pay the Affiliate referral commissions on a monthly basis. Approximately
30 days following the end of each calendar month, AE will send the Affiliate a check
for the referral commissions earned on AE's sales of qualifying products that were
shipped during that month, less any taxes that AE are required by law to withhold.
However, if the referral fees payable to the Affiliate for any calendar month are
less than $25, AE will hold those referral fees until the total amount due is at
least $25 or until this Agreement is terminated. If the customer returns a product
that generated a referral fee, AE will deduct the corresponding referral fee from
the Affiliate's next monthly payment. If there is no subsequent payment, AE will
send the Affiliate a bill for the referral commission.
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Identifying The Affiliate as an AE Affiliate
AE will make available to the Affiliate one or more icons bearing the AE logo that
will enable customers to 'click' and go the AE Site. These icons may be changed
by AE from time to time at AE's sole discretion. Because the Affiliate posts a URL
to the icon—which resides on a server maintained by AE—AE will be able to change
icons at any time without any actions on the part of the Affiliate. AE reserves
all of its intellectual rights to its logo and any other graphic images or text
that appears on its icons or the adameve.com website.
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Term of the Agreement
The term of this Agreement will begin upon AE's acceptance of the Affiliate's Program
application and will end when terminated by either party. Either the Affiliate or
AE may terminate this Agreement at any time, with or without cause, by giving the
other party written notice of termination by postal mail or e-mail. Upon the termination
of this Agreement, the Affiliate will immediately cease use of—and remove from the
Affiliate's Site—all links to AE's Site, and all AE trademarks, logos, and all other
materials provided by or on behalf of AE to the Affiliate pursuant hereto or in
connection with the Program. The Affiliate is only eligible to earn referral commissions
on AE's sales of qualifying products occurring during the term, and referral commissions
earned through the date of termination will remain payable only if the related orders
are not canceled or returned. AE may withhold the Affiliate's final payment for
a reasonable time to ensure that the correct amount is paid. Notwithstanding anything
to the contrary in this Agreement, Affiliate will forfeit any earned but unpaid
commissions at the time of termination if termination of the Affiliate from the
Program is with cause.
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Modification of the Agreement
AE may modify any of the terms and conditions contained in this Agreement, at any
time and in AE's sole discretion, by posting a change notice or a new agreement
on AE's Site. Modifications may include—but are not limited to—changes in the referral
commissions, referral commission payment schedules, payment procedures, and Program
rules. If any modification is unacceptable to the Affiliate, the Affiliate's only
recourse is to terminate this Agreement. The Affiliate's continued participation
in the Program following AE's posting of a change notice or new agreement on AE's
Site will constitute binding acceptance of the change.
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Relationship of Parties
The Affiliate and AE are independent contractors, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship between the parties. The Affiliate will have no authority
to make or accept any offers or representations on AE's behalf. The Affiliate will
not make any statement—whether on the Affiliate's Site or otherwise—that reasonably
would contradict anything in this paragraph or in this Agreement as a whole.
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Fulfillment and Customer Service
AE is responsible for receiving, processing and shipping of all orders and resolving
all customer service problems—including shipping, authorization of credit cards,
customer questions and returns. AE is not responsible for delays in shipment including,
without limitation, delays caused by product availability, failure to authorize
customer credit cards, or incomplete information given by the customer. While AE
is infrequently out of stock due to carrying large inventories, AE cannot guarantee
product availability for shipment or sale.
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Sales Performance
AE is not responsible for the performance of sales from the Affiliate Site. Affiliates
are responsible for their own equipment and software and for compliance with all
laws applicable to their sites. Proper website design and placement of links on
the Affiliate Site is solely the responsibility of the Affiliate. AE is not responsible
for sales not attributed to the Affiliate due to improper coding or placement of
links.
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Email Promotions and Spamming
Affiliates may not send any e-mail messages to customers or prospective customers—including
any “spamming”—that mention the AE name, utilize or display AE trademarks, or feature
any AE products, promotion or content. Affiliate may send promotional e-mail messages
that promote the Affiliate Site (without mentioning AE) to its existing customers,
but may not send any unsolicited e-mails (i.e., no spamming) and may not utilize
any third party mailing lists. Affiliate shall comply with all federal and state
laws relating to e-mail.
Affiliate shall ensure that its promotional e-mail messages contain:
- the words "THIS EMAIL IS AN ADVERTISEMENT", clearly in the body of the
e-mail
- clear notice that the recipient may unsubscribe from future e-mail from
the Affiliate
- a functioning return e-mail address that remains valid throughout the term
of the Affiliate agreement
- clear notice of the Affiliates' physical postal address. Commercial e-mail
messages sent by Affiliates must not contain any sexually explicit images or text.
If the message links to a website that includes sexually explicit images or text,
the subject line of the e-mail must begin with the words "SEXUALLY-EXPLICIT.” The
body of the e-mail must also include the words "SEXUALLY-EXPLICIT,” and the link
to the Affiliate's website must be accompanied by a warning that the viewer should
not click on the link if he or she wants to avoid viewing sexually explicit images
or text. Any violation of this Section 18 may result in immediate termination from
the Affiliate Program and forfeiture of any earned commissions not yet paid.
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Search Engine Placement and Search Terms Advertising
Affiliate may not place search engine advertisements (pay per click, paid advertising,
etc.) using the adameve (or any variations of) trademark or brand name without express
permission of adameve. In addition, you may not run paid placement listings (such
as via Yahoo Search Marketing or Google AdWords) where ads for the program:
- link directly to any of our stores
- are triggered by words directly associated with Adam & Eve or any of the
sites in our network, specifically company names ( or variations of) or URLs.
You may use PPC ads ONLY to drive traffic to your own website or store. You may
not use Adam & Eve affiliate links in PPC ads, nor link from PPC ads to any
Adam & Eve store. You may not place banners or links containing your affiliate
id on websites, forums or blogs not directly owned or controlled by you. You may
not append your affiliate ID to a product URL or datafeed and upload it to a free
classified ad site such as Google Base.
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White Label Stores
Certain special terms and conditions will apply to Affiliate if Affiliate
- offers a membership site (i.e., offers content to members who have paid
a fee for membership)
- has received written approbal from AE for a "white label" store.
A white label store is a store which is co-branded with Affiliate's logo and trademarks
and the AE logo and trademarks. White label stores may be either custom designed
or created with a template provided by AE. Note that approval for participation
in the White Label Affiliate Program must be obtained separately from AE, and only
after Affiliate is accepted into the Affiliate Program as described in Section 2
above. Such approval may be requested by contacting
affiliate@adameve.com after Affiliate's acceptance into the Affiliate Program.
If approval is granted, it will be subject to Affiliate's acceptance of the special
terms and conditions applicable to customized or templated white label stores, as
applicable.
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Limitation of Liability
AE 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 AE has been advised of the possibility of such damages. Further, AE's aggregate
liability arising with respect to this Agreement and the Program will not exceed
the total referral fees paid or payable to the Affiliate under this Agreement.
Disclaimers
AE makes no express or implied warranties or representations with respect to the
Program or any products sold through the Program—including, without limitation,
warranties of fitness, merchantability, noninfringement, or any implied warranties
arising out of a course of performance, dealing, or trade usage. AE does not promise,
guarantee, represent or warrant that access to the AE Site will be error-free, accessible
and uninterrupted at any particular time or that AE will always be able to process
orders or information properly or in a timely manner. AE makes no promises, guarantees,
representations or warranties in connection with its operation of the AE Site or
its fulfillment or customer service functions or its products.
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Independent Investigation
The Affiliate acknowledges that the Affiliate has read this Agreement and agrees
to all its terms and conditions. The Affiliate has independently evaluated the desirability
of participating in the Program and is not relying on any representation, guarantee,
or statement other than as set forth in this Agreement.
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Non Assigment
The Affiliate may not assign this Agreement—by operation of law or otherwise—without
AE's prior written consent. Subject to that restriction, this Agreement will be
binding on, inure to the benefit of, and enforceable against the parties and their
respective successors and assigns.
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Non Waiver of AE's Rights
AE's failure to enforce the Affiliate's strict performance of any provision of this
Agreement will not constitute a waiver of AE's right to subsequently enforce such
provision or any other provision of this Agreement.
Paragraph Headings
Paragraph headings contained herein are for the convenience of the parties only.
They shall not be used in any way to govern, limit, modify, or construe this Agreement
and shall not be given any legal effect.
Governing Law
This Agreement will be governed by the laws of the United States and the state of
North Carolina, without reference to rules governing choice of laws. Any action
relating to this Agreement must be brought in the federal or state courts located
in North Carolina and the Affiliate irrevocably consents to the jurisdiction of
such courts.
New York State Affiliate Amendment
Thank you for being an active PHE, Inc. New York state based affiliate. This is an amendment to the standard PHE, Inc. Affiliate Agreement. This automatically binding amendment results from the New York State Tax Department’s April 2008 ruling establishing an Internet sales tax on orders from New York residents for companies with “advertising partners” in New York.
This ruling is so potentially damaging some companies are closing their New York state affiliates. We are not taking this action, but the state of New York’s new Internet Sales Tax requires these amendments:
- Affiliate agrees to market PHE, Inc. websites using approved banners or text links provided by Company.
- Commissions will only be earned when approved banners or text links are used.
- Use of unapproved links or banners may provide cause for immediate termination of Agreement.
- Affiliate agrees not to incorporate product datafeeds on their site or sites.
Acceptance of these amendments and conditions is automatic and effective May 30, 2008. If you would like to opt-out of the PHE, Inc. affiliate program, please email respond to this email.
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