Affiliate Agreement

This Affiliate Agreement (the "Agreement") is made by and between Vibease Pte. Ltd., and you, as an Affiliate utilizing the Vibease Pte. Ltd. affiliate program ("You", "Your", "Affiliate").

You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before using the Affiliate Program as an Affiliate. By signing up for vibease.com, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the Vibease Pte. Ltd. Affiliate Program as an Affiliate.

You must agree to the following terms when advertising your affiliate link on any paid or non-paid advertising networks:

• Your paid advertisement is prohibited to link directly to any web pages or URL under the domain of "vibease.com". You have to direct your paid advertisement to your own landing page before sending traffic to Vibease.
• Bidding of terms containing the brand "Vibease" on any paid advertising networks is prohibited. The list of prohibited terms (case-insensitive) include but not limited to: vibease, vibese, vibease vibrator, vibease smart vibrator, vibese vibrator, vibese smart vibrator, etc.
• Registering and using domains that contain "Vibease" brand and typos of "Vibease" brand is prohibited.
• Advertising your affiliate link directly on pure coupon, deal, promo code directory website or any website with similar nature is prohibited.

The following agreement is summarized as follows:

• You distribute Vibease discount code anywhere on your site as you see fit, or within non-spam emails.
• We may email you concerning new discount campaign.
• We might change the affiliate program here and then.
• You will be paid your commissions, at such time as your account balance is $50 or more.
• All statistics are collected and calculated by Vibease Pte. Ltd., and will be the only valid stats used for determining commissions.
• Commission payout will be done through PayPal directly only. PayPal account needs to be provided upon signing up as an Affiliate.
• You won't hold us liable for anything, a link to a non Vibease Pte. Ltd. Web site does not mean that Vibease Pte. Ltd. endorses or accepts any responsibility for the content or the use of such Web site.
• You cannot SPAM. Do not send email to lists or groups that you do not have permission to send to.
• You may place the discount code within your newsletters, in content of your website, or within other web related content.
• Failure to abide by these rules could mean termination from Vibease Pte. Ltd. completely with a complete forfeit of commissions.
• Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.

PRIVACY POLICY

Vibease Pte. Ltd. respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact sales@vibease.com.

DEFINITIONS

"Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales. Affiliates promote and sale Vibease Pte. Ltd. products to gain receipt of commission payment.

"Visitor" means any person, or user that clicks on a Link to a Vibease Pte. Ltd. Web site placed on an Affiliate's Web site.

"Commission" means the Payout that Vibease Pte. Ltd. sets and agrees to pay for Sales registered under the discount code given by Vibease Pte. Ltd.. The sale is subjected to 65 days of review period from the date of sale.

"Payout" means the amount of sale commission Vibease Pte. Ltd. agrees to pay for an individual generated sales. The Payout is defined as either a percetage of a total sale amount, or as a set bounty (flat rate) per action.

"Link" means a hyperlink placed on an Affiliate's site that, when clicked on, sends a Visitor through to Vibease Pte. Ltd. website. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to Vibease Pte. Ltd..

"VOID" means a reversal of a Payout previously earned for a sale that is later rescinded or corrected by the Vibease Pte. Ltd.. Vibease Pte. Ltd. may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.

"Your Account" means a specific account within the Affiliate Program, where Commissions are credited.

THE AFFILIATE PROGRAM

Vibease Pte. Ltd. has developed and operates an affiliate program (the "Affiliate Program") which allows Affiliates to participate. All Affiliate relationships established between You, the Affiliate, and Vibease Pte. Ltd., will be conducted and managed through the Affiliate Program.

AFFILIATE PAYMENT

You will receive a Commission for sending Vibease Pte. Ltd. authorized sales via Your Links. In order to place Links, You must first be approved by Vibease Pte. Ltd. to become an Affiliate of Vibease Pte. Ltd. affiliate program. You understand that the Payout amount may be changed at any time. This information is also available to You through email communication. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. You receive the Commission from Vibease Pte. Ltd.. Payments are made automatically on the end of each month when Your account balance reaches $50 or more for the previous months' transactions. Money credited to Your Account does not accrue interest. In the event of a VOID by Vibease Pte. Ltd., Vibease Pte. Ltd. may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to Vibease Pte. Ltd..

EMAIL CONTACT

Vibease Pte. Ltd. reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the affiliate program or any Vibease Pte. Ltd. related products.

CHANGES TO THE AFFILIATE PROGRAM

Vibease Pte. Ltd. reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the affiliate program at any time. Please visit this page frequently to see the latest updates.

REGISTRATION

To sign up as an Affiliate of Vibease Pte. Ltd. you must be at least 18 (eighteen) years of age.

THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN Vibease Pte. Ltd.'s Affiliate Program: ADULT SITES, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, you shall provide Vibease Pte. Ltd. with accurate, complete and updated information. You may not intent to impersonate another person or deceive members or other us ers as to Your true identity. You agree that Vibease Pte. Ltd. may rely on any data, notice, instruction or request furnished to Vibease Pte. Ltd. by You which is reasonably believed by Vibease Pte. Ltd. to be genuine and to have been sent or presented by a person reasonably believed by Vibease Pte. Ltd. to be authorized to act on Your behalf. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Vibease Pte. Ltd. and referral to the appropriate law enforcement agencies.

ACCEPTED USE

You represent to Vibease Pte. Ltd. that all content You provide to the affiliate program is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As Vibease Pte. Ltd. may not review all information provided by You, You shall remain solely responsible for Your content and Web site.

LIMITED WARRANTY

The Affiliate Program, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Vibease Pte. Ltd. DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE AFFILIATE PROGRAM, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, Vibease Pte. Ltd. SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE AFFILIATE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Vibease Pte. Ltd. will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold Vibease Pte. Ltd. liable for any of the consequences of such interruptions. Vibease Pte. Ltd. SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. Vibease Pte. Ltd. SHALL HAVE NO LIABILITY WITH RESPECT TO Vibease Pte. Ltd. OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Vibease Pte. Ltd. HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF Vibease Pte. Ltd. HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY Vibease Pte. Ltd. AS A DIRECT RESULT OF THIS AGREEMENT.

LIMITATION OF LIABILITY

Vibease Pte. Ltd. OR ITS SUPPLIERS OR RESELLERS OR DISTRIBUTORS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE Vibease Pte. Ltd. SERVICE OR ANY INFORMATION PROVIDED ON THE Vibease Pte. Ltd. WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF Vibease Pte. Ltd. OR A Vibease Pte. Ltd. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Vibease Pte. Ltd.’s LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.

You agree that Vibease Pte. Ltd., although the provider of the Affiliate Program, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You agree to indemnify, defend, and hold harmless Vibease Pte. Ltd. and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

Vibease Pte. Ltd. agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to Vibease Pte. Ltd.’s negligence or willful misconduct in performance of the Services or its breach of this Agreement.

NON-DISCLOSURE

Vibease Pte. Ltd. acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Your company. Vibease Pte. Ltd. agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of Vibease Pte. Ltd., that becomes available to Vibease Pte. Ltd. from third parties without knowledge by Vibease Pte. Ltd. of any breach of fiduciary duty, or that Vibease Pte. Ltd. had in its possession prior to the date of this Agreement.

OWNERSHIP AND LICENSES

You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Vibease Pte. Ltd. provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of Vibease Pte. Ltd., and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain Vibease Pte. Ltd.’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.

Vibease Pte. Ltd. may immediately terminate Your license to use the marks if Vibease Pte. Ltd. reasonably believes that such use dilutes, tarnishes or blurs the value of the marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by Vibease Pte. Ltd.. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge the Vibease Pte. Ltd.’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of Vibease Pte. Ltd..

VIBEASE FANTASY SUBMISSION

By submitting your fantasy audio recording, you are confirming that you own the copyright to all materials used for the recording and granting usage of the work to Vibease

FORCE MAJEURE

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

JURISDICTIONAL ISSUES

This Agreement shall be governed by and be construed in accordance with the laws of Singapore and we and you hereby submit to the non-exclusive jurisdiction of the Singapore courts as regards any dispute or matter arising hereunder.