ForPlay Films - Affiliate Program

Join our affiliate program and start earning money for every sign up you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.
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Terms and Conditions

To be an authorized affiliate of ForPlay Films , you agree to abide by the terms and conditions contained in this agreement.

Please read this agreement carefully before registering and using the ForPlay Films service as an affiliate. By signing up for the ForPlay Films affiliate program, you indicate your acceptance of this agreement and its terms and conditions.

Affiliate Program Terms and Conditions

Important note: no partnership is being created with this Agreement.
PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY.

This Affiliate Agreement (“Agreement”) is between you (the “Affiliate”) and us, Winter Productions LLC, a California limited liability company (the “LLC”), the owner of the website ForPlayFilms.com (the “Website”). The Agreement applies to your participation in our Affiliate Program (the “Affiliate Program”) and it describes how we will work together and other aspects of our business relationship.  

Your acceptance of these terms and conditions, is a condition to you participating on our Affiliate Program.  

We periodically update these terms, and reserve the right to replace these terms in their entirety. If we update or replace the terms of this Agreement we will let you know via electronic means utilizing the email that you provide to us. We will assume that you accept the update if we do not hear otherwise from you.  If you don’t agree to the update or replacement, you can choose to terminate your participation in the Affiliate Program.

The LLC reserves the absolute right to rescind or terminate your affiliate status for any reason in our sole and absolute discretion, including but not limited to the following: (i) if your website contains images or content that is not acceptable to us; (ii) if your website contains any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, or racially or ethnically objectionable materials, depicts non-consensual sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, or religious preference, or (iii) if your site contains any material that appears to violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party.

Terms and Conditions

1)	Affiliates may not promote Winter Productions LLC (the “LLC”) websites on sites displaying child pornography, bestiality, hate sites or sites displaying any other kind of illegal material.
	
2)	Only banners designed or approved by the LLC may be used to promote within the Affiliate Program.

3)	Affiliates may only use the LLC’s images and videos to promote within the Affiliate Program. 

4)	Affiliates may only crop and resize our images if the URLs are not removed or in any way made illegible.

5)	The LLC’s content may not be used to promote any site not owned by us.

6)	Names of celebrities may not be used to promote our websites (with the exception of names of models appearing on our websites). 

7)	Any affiliate using random word generators to spam search engines is absolutely responsible for checking the content of these lists. Failure to do so will result in termination of the affiliate’s account and forfeiture of all earnings.

8)	We must be able to track the source of traffic at all times, and be able to access the pages where our banners, links and content are displayed, even if these pages are protected by a password (such as a member’s section). If the affiliate refuses to cooperate, the affiliate’s account will be terminated, and commissions forfeited.

9)	You may not promote our sites on tube sites, locker sites, warez sites, password sites, or non-adult web sites unless you have received prior authorization.

10)	 Affiliates employing fraudulent or illegal means of generating sales or traffic, or using deceptive advertising methods, will immediately lose their account and your commissions will be forfeited.

11)	 Credit card fraud is closely monitored and will not be tolerated. Every case is reported to the credit card companies and to the appropriate authorities. In the event that any sort of mechanism to falsely generate signups is detected, we will prosecute the responsible webmaster to the full extent of the law, and, of course, the affiliate’s account will be terminated and commissions forfeited.

12)	 We are not responsible for loss due to downtime resulting from complications with hosting equipment, hardware, or technical errors.

13)	 You are responsible for providing us with a valid e-mail address to be used for contact purposes.

14)	 We may deactivate any Affiliate Account that is not profitable without warning or notice.

15)	 You may not open a second Affiliate Account as a self-referral.

16)	 In the event that any conditions of this Agreement is/are changed, or new conditions added, we will electronically email you and you will have seven (7) days to become fully compliant with the new conditions. Affiliates not respecting the new conditions will have their accounts terminated, and commissions generated after the new conditions become applicable will be forfeited.

17)	 We reserve the right to terminate this Agreement or Affiliate Program at any time, for any reason. In any case, Affiliates will be notified and will be paid for all earnings generated up to that point in time, except in cases where it is determined that the Affiliate has violated these terms and conditions.

18)	 This Agreement does not create an exclusive agreement between us. Each of us has the right to recommend similar products and services of third parties and to work with other parties in connection with the use of similar services and products of third parties.  

Marketing Emails.

Unsolicited spam will not be tolerated. Should we receive complaints of unsolicited e-mails sent by you as our Affiliate, your account will be terminated and payment of all commissions will be forfeited. Your information may be sent to the appropriate authorities.

Mass-mailings are not permissible without our permission and approval of the mailing list and the email to be sent.
Specific to the CAN-SPAM Act:

The United States Congress has enacted the CAN-SPAM Act and the FTC has issued its Final Rule to prescribe a mark to be included in all commercial electronic mail that contains sexually oriented materials (see the document here www.adultindustryupdate.com/archives/CAN-SPAM%20Act.pdf). The Rule became effective May 19, 2004. 

Following are the requirements of the final FTC Rule that you must comply with when sending sexually oriented e-mail to promote our products:

1.	All emails must include the exact phrase: “SEXUALLY-EXPLICIT:” in capital letters as the first 19 characters at the beginning of the subject heading. This mark in the subject line must be in ASCII format.
2.	All emails must include the exact phrase: “SEXUALLY-EXPLICIT:” in capital letters as the first 19 characters at the beginning of the initially viewable area (termed the “brown paper wrapper”) of the email message. The initially viewable area of the message is the portion of the message that is immediately visible to the recipient without taking any affirmative action to view the message, like scrolling down or clicking on a link that leads to the sexually explicit material. Sexually explicit material can be displayed beneath the “brown paper wrapper” area of the email message or be accessible by clicking on a link.
3.	In addition to the “SEXUALLY-EXPLICIT:” mark, the “brown paper wrapper” area of the email must also include the following:
•	A clear and conspicuous notice that the email message is an advertisement or solicitation;
•	Clear and conspicuous opt-out instructions, and either a link or a functioning return email address to do so. The “opt-out” mechanism must be available for at least 30 days after the transmission of the original message and you or any party working on your behalf must honor any such opt-out requests within 10 days of the request;
•	A valid physical postal address of the e-mail sender, clear and conspicuous. “Clear and conspicuous” means that the recipient must be able to actually see the information required. One cannot, for example, place the physical address (or other required information) in a color that cannot be distinguished from the background, or in a font size that is too small to read; or
•	Clear indication that unless the recipient takes further action to view the sexually oriented material, the initially viewable portion of the message includes only the warning label and instructions on how to access the sexually oriented material.
4.	As the CAN-SPAM covers both visual images as well as the written word, sexually oriented e-mails sent to promote Pink and White Productions INC websites MAY NOT INCLUDE any sexually explicit words or visual depictions in either the subject line or in the viewable area of the message. Therefore, the subject heading and the initially viewable area must EXCLUDE words and/or images that depict the following (actual or simulated):
•	Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between persons of the same or opposite sex;
•	Bestiality;
•	Masturbation;
•	Sadistic or masochistic abuse; or
•	Lascivious exhibition of the genitals or pubic area of any person.
5.	The U.S. anti-spam laws also prohibit false and misleading transmission of information. As a result, affiliates may not send any e-mails advertising Pink and White Productions INC websites that contain the following:
•	False or misleading header information;
•	Header information that is technically accurate, but includes an originating e-mail address, domain name or IP address obtained through false or fraudulent means;
•	Header information that fails to accurately identify the computer used to originate the message in an attempt to disguise the origin of the e-mail;
•	False or misleading subject headings;
•	Engaging in abusive commercial e-mail practices, including: sending commercial e-mails using e-mail addresses obtained through automated means either from Internet websites or proprietary online services that have agreed not to give, sell or otherwise transfer the recipients’ information to another party; sending commercial e-mails to lists generated using automated means by combining names, letters or numbers into numerous permutations; using a computer without authorization to send e-mail messages that violate the anti-spam law; using a computer to relay or retransmit e-mail messages with the intent to deceive or mislead recipients or Internet access services as to the origin of such messages; using a script or other automated means to register for e-mail accounts or online user accounts from which commercial e-mail advertisements that violate the U.S. anti-spam law will be forwarded. Please note that these terms apply to all affiliates promoting Pink and White Productions INC websites via e-mail, regardless of the affiliate’s country of residence, or the country in which your mail server resides. Also note that the above is Pink and White Productions INC own mailing policy, and does not constitute “legal advice”; adherence to the mailing terms is not a guarantee of compliance with the FTC’s Final Rule; we recommend that you read the FTC’s Final Rule carefully yourself (www.adultindustryupdate.com/archives/CAN-SPAM%20Act.pdf), and consult with your attorney if you have any questions about the requirements of the Rule. FAILURE TO COMPLY WITH ANY OF Pink and White Productions INC’s ANTI-SPAM POLICIES AND/OR THE NEW U.S. ANTI-SPAM LAW WILL LEAD TO THE IMMEDIATE TERMINATION OF YOUR ACCOUNT AND FORFEITURE OF YOUR EARNINGS.

Trademarks
You grant to us a nonexclusive, nontransferable, royalty-free right to use and display your trademarks, service marks and logos (“Affiliate Marks”) in connection with the Affiliate Program and this Agreement.

During the term of this Agreement, in the event that we make our trademark available to you, you must: (i) only use the images of our trademark that we make available to you, without altering them in any way; (ii) only use our trademarks in connection with the Affiliate Program and this Agreement; and (iii) immediately comply if we request that you discontinue use.  You must not: (i) use our trademark in a misleading or disparaging way; (ii) use our trademark in a way that implies we endorse, sponsor or approve of your services or products; or (iii) use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.

Disclaimers; Limitations of Liability
Disclaimer of warranties. We and our affiliated companies and agents make no representations or warranties about the suitability, reliability, availability, timeliness, security or accuracy of our products, content, or the affiliate program for any purpose. Our products may not be available at all times. To the extent permitted by law, our products are provided "as is" without warranty or condition of any kind. We disclaim all warranties and conditions of any kind with regard to our products including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

No indirect damages. To the extent permitted by law, in no event shall either party be liable for any indirect, punitive, or consequential damages, including lost profits or business opportunities.

Limitation of liability. If, notwithstanding the other terms of this agreement, we are determined to have any liability to you or any third party, the parties agree that our aggregate liability will be limited to the total commission amounts you have actually earned for the related customer transactions in the twelve-month period preceding the event giving rise to a claim.
We disclaim all liability with respect to the use of any third-party tools used to facilitate the affiliate program and any failure or disfunction in the generation of any commissions that may have been owed to you.

Applicable Law. This Agreement shall be governed by the laws of California without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Los Angeles, California.

Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.

Reverse Engineering & Security.  You agree not to undertake any of the following actions:  a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on any of our websites or services;
b) Violate the security of any of our websites or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network. 

Data Loss.  We do not accept responsibility for and are not liable for the security of your account or content. You agree that your participation in the Affiliate Program is at your own risk. 

Compliance with Applicable Laws.  You shall comply, and shall ensure that any third parties performing sales or referral activities on your behalf comply, with all applicable foreign and domestic laws (including without limitation export laws and laws applicable to sending of unsolicited email), governmental regulations, ordinances, and judicial administrative orders. You shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers, or to the public. 

Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

Notice.  We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.

Entire Agreement. This Agreement is the entire agreement between us for the Affiliate Program and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. Our obligations are not contingent on the delivery of any future functionality or features of our products or dependent on any oral or written public comments made by us regarding future functionality or features of our products or content. 

Assignment. You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.

No Third Party Beneficiaries.  Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, our content or our trademarks, or any other property or right of ours.

Sales. This Agreement shall in no way limit our right to sell our content or products, directly or indirectly, to any current or prospective customers.

Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.

Arbitration.   In case of a dispute between you and us, relating to or arising out of this Agreement, you agree that we shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the dispute shall be submitted to binding arbitration. The arbitration shall be conducted in the following county: Los Angeles. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add third parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of California. Each party shall pay its own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations.  EXCEPT: Intellectual property claims by the LLC against you, will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to claims subject to arbitration.

Assignment. This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the LLC, the rights and liabilities of the LLC will bind and inure to any assignees, administrators, successors, and executors.

Severability. If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

No Waiver. In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or subpart of this Agreement will not constitute a waiver of any other part or subpart.

By signing up and being approved as an Affiliate, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
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Contact Information
For any questions or concerns regarding the Affiliate Program, please contact us at:
Affiliates@forplayfilms.com
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