ASB CASH AFFILIATE and REFERRAL FEE AGREEMENT
This Affiliate and Referral Fee Agreement (“Agreement”) between Molly Ventures Limited doing business as Adult Site Broker and ASBCash, a Nevis corporation, Company Number C51853, Molly Ventures Limited,Lighthouse Trust Nevis Ltd.,
Suite 7, Henville Building, Main Street, Charlestown, Nevis hereinafter “Broker,” and Hereinafter “Company” and Affiliate.
Affiliate agrees to the following terms when signing up for the ASBCash Affiliate Program. Company and Affiliate are each referred to herein as a “Party” and, collectively, as the “Parties.”
- Referral Business:
This Agreement shall be determined by the Affiliate’s ability to provide the Company leads of sellers and buyers of adult websites, with introductions done by email, between ASBCash and the person being referred or by placing a unique link acquired from the ASBCash.com website’s affiliate system (“Referral Business”).
- Term, Changes and Termination:
This Affiliate and Referral Agreement shall be in effect for twenty-four (24) months unless cancelled. Agreement can be cancelled or revised by Company at any time for any reason. In the case of cancellation, the Affiliate will be due commissions on any referrals made during the term of the agreement, even if the deal closes after the term of the agreement. The agreement will automatically renew for a period of an additional 24 months unless cancelled. In the case of any revisions of terms, affiliate agrees to the new terms when the agreement renews.
- Right to Terminate Accounts.
The Program reserves the right to terminate the Account of any Affiliate and/or Referred Client at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Affiliate and/or Referred Client’s conduct to be in violation of these Terms or if Referral was not made in good faith.
Right to Cancel Program or Change Terms.
ASBCash reserves the right to unilaterally change, modify or cancel the Affiliate Program and to revise these Program Terms from time to time. If we make any material changes to these Program Terms, we’ll notify you of those changes by posting them on the website, ASBCash.com. Examples of bad faith include providing misleading or intentionally incorrect information, referrals by interested parties, or attempts to use the services of ASB for illegal activity. ASBCash reserves the right to determine eligibility and the decisions of ASBCash are final.
- Referrals and Referral Commissions:
The Company shall pay the Affiliate the following referral amount: 20% of our broker commission on all clients referred to Adult Site Broker.
Once Affiliate has referred a client to ASBCash, Affiliate is eligible to be paid a referral commission on all future deals made with that client. Affiliate will receive a confirmation email within two (2) business days after the Referral is received. If you do not receive a confirmation email, your Referral was not received, and you are not qualified to receive a Referral fee. By submitting your Referral, you Accept these Terms and accept ASBCash’s decisions as final.
Referral commission does not apply on clients Broker is already working with or for affiliates who have their site sold by Adult Site Broker where the lead comes from that the seller’s affiliate site.
- Independent Contractor Status:
The Affiliate is an independent contractor and neither the Contractor’s employees or contract personnel are, or shall be deemed, the Company’s employees.
In its capacity as an independent contractor, Affiliate agrees and represents:
Affiliate has the right to perform services for others during the term of this Agreement;
Affiliate shall decide on their own starting and ending times and days of work. The Affiliate shall not be required by the Company to devote full-time to the performance of the Services required by this Agreement.
The Affiliate is NOT an employee of the company and thus will not receive insurance or any other company benefits.
The Referral Amount shall be paid by the Company to the Affiliate no later than 30 days after the final payment of commission is collected by the Company from the escrow account.
No Exclusivity. This Agreement shall not be construed to be a commitment by either of the Parties to work exclusively with one another regarding referrals of potential new business or any other business activities.
- Non-Circumvention: The Parties agree that all third (3rd) parties introduced to one another represent significant efforts and working relationships that are unique to, and part of, the work product and intellectual capital. Therefore, without prior written consent the Parties agree to refrain from conducting direct or indirect business dealings of any kind with any third (3rd) party so introduced without the consent of the other Party and with the exception of third (3rd) parties with either of the Parties previously had a formal business relationship, for a period of three (3) years before the Effective Date of this Agreement.
- Payment Conditions:
The Payment shall be made by the Company to the Affiliate after collecting full payment for the goods or services referred. If for any reason the transaction in connection with the Referral Amount(s) shall be refunded or disputed, the Company shall be owed any and all Referral Amount(s) paid to the Affiliate. At the option of the Company, the owed Referral Amount(s) from a dispute or refund shall be paid immediately by the Affiliate to the Company.
The Parties acknowledge that the existence and the terms of this Agreement, and any oral or written information exchanged between the Parties in connection with the preparation and performance of this Agreement, are regarded as confidential information. Each Party shall maintain confidentiality of all such confidential information, and without obtaining the written consent of the other Party, it shall not disclose any relevant confidential information to any third (3rd) parties, except for the information that:
(a) is or will be in the public domain (other than through the receiving Party’s unauthorized disclosure);
(b) is under the obligation to be disclosed pursuant to the applicable laws or regulations, or orders of the court or other government authorities; or
(c) is required to be disclosed by any Party to its shareholders, investors, legal counsels or financial advisors regarding the transaction contemplated hereunder, provided that such shareholders, investors, legal counsels or financial advisors shall be bound by the confidentiality obligations similar to those set forth in this Section. Disclosure of any confidential information by any employee, officer, staff, affiliates, or other agents by any Party shall be deemed disclosure of such confidential information by such Party, which Party shall be held liable for breach of this Agreement. This Section shall survive this Agreement for a period of the maximum allowed under Federal law.
- Governing Law:
This Agreement shall be governed in all respects by the laws of the nation of Switzerland. Any dispute, controversy or claim, arising out of or relating to this Agreement or the breach, termination, interpretation, or validity thereof shall be finally settled in arbitration by one arbitrator in accordance with the Arbitration Rules of Arbitration Resolution Services Inc.* with reasonable costs awarded to the Prevailing party and enforceable under the United Nations Convention of the Recognition and Enforcement of Foreign Arbitral Awards (1958). The arbitration shall be conducted online, and the proceedings shall be conducted in the English language.
In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, shall be considered invalid.
- Entire Agreement:
This Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings, and negotiations between the Parties.