This agreement contains the complete terms and conditions that apply to your participation as a member of the bdsmtoyshop.com affiliate program.
Enrollment:
To become enrolled in the program, you must first complete the application form on our website (. Once completed it will be reviewed by one of our staff. If accepted you must comply with all our rules and agreements. We may reject your application if we determine in our sole discretion that your application is not suitable for the program.
Let it be known that we do not accept people or businesses that incorporate images or content
i) that is unlawful, harassing, obscene, defamatory or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement.
(ii) promote discrimination based on age, race, sex, religion, nationality, disability, or sexual orientation;
(iii) violate applicable law or promote illegal activities, including but not limited to SPAM;
(iv) violate, or promote or induce the violation of, intellectual property rights.
(v) infringe the intellectual property of others including the Company and Participating Companies; or
(vi) include any unapproved usage of Company trademarks, brands, and any confusingly similar phrase.
If Affiliate’s Site or Affiliate Campaign, appears, or will appear, in any language other than English, Affiliate must submit an English translation.
Affiliate may not use any trademark, name or logo of Company or any Participating Company as the name, title, url or other significant identifier of Affiliate’s Site, blog or social media page or account BDSMToyShop.com reserves the right to monitor and inspect Affiliate’s Site and Affiliate’s Campaign, without notice and can require Affiliate to submit documentation and copies of Ads and marketing methods used by the Affiliate (with English translations, if applicable).
The BDSMToyShop.com reserves the right to require that Affiliate stop displaying or using any Ad or marketing method in the BDSMToyshop.com’s sole and absolute discretion.
Order Processing:
BDSMToyShop.com will process, authenticate and complete product orders placed by Customers who follow the link from the Ads from Affiliate to the BDSMToyShop.com. BDSMToyShop.com has the sole and absolute right to reject orders without any fee, payment, penalty or other amounts paid to Affiliate.
“Qualified Sales” are tracked and reported in your affiliate account on BDSMToyShop.com, which will summarize the aggregate and anonymous sales activity generated by the Qualified Sales.
Affiliate understands that the BDSMToyShop.com employs cookies to track Customer behavior and Qualified Sales and that Customers may, independent of the BDSMToyShop.com, delete cookies. BDSMToyShop.com is not responsible or to be held responsible to Affiliate as a result of any such deletion activity by Customer.
Affiliate agrees that any and all reports will not be rented, sold, loaned, bartered, shared or otherwise transfered or disclosed to any third party without BDSMToyShop.com’s prior written consent.
To ensure accurate tracking, reporting, and fee accrual, it is the affiliate’s responsibility to make sure that the link on any Ad between the Affiliate’s Site or the Affiliate’s Campaign and BDSMToyShop.com’s Site is properly formatted and functioning. We hold no responsibility for any failures to accurately track Qualified Sales due to any failure of the Ad or link or deletion of cookies by Customers.
Referral Fees and Payment to Affiliate:
BDSMToyShop.com will pay Affiliate a fee according to the current fee schedule and structure.
Each Qualified Sale must remain active for sixty (60) days to qualify as a sale in order for an affiliate to earn a referral fee. A referral fee will not be paid on a sale that have any chargebacks or refunds during this period.
The BDSMToyShop.com only pays out on referral fees to Affiliates, when the total amount of fees owed is over $100.00 (USD). Payments are paid out monthly to affiliates. If the Referral Fees payable to Affiliate for any calendar month are less than $100.00 (USD), BDSMToyShop.com will hold those Referral Fees until the total amount due reaches the $100.00 (USD) limit. Once the referral fee limit is reached, the Affiliate will be paid to the Affiliate on the next scheduled monthly payment date, until this Agreement is terminated.
Terms Of Agreement:
The Agreement shall become effective upon Affiliate’s completion of the affiliate application form. The term of this Agreement shall end when terminated by either party. Either Affiliate or BDSMToyShop.com may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. The Affiliate is only eligible to earn Referral Fees on Qualified Sales while a part of the Affiliate Program. Termination by either party disqualifies the former affiliate from earning Referral Fees on Qualified Sales.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT, USE THIS SITE, PROMOTE OR MAKE A PURCHASE
This Agreement must be completely, understood and agreed to by a person over 18. This site is NOT intended to be viewed by minors or anyone under the age of 18. Our products and services are not intended to be purchased or used by minors or anyone under the age of 18. By entering this site, making a purchase, or signing up to our newsletter you are agreeing that you are over the age of 18. If you are not yet 18, if you are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site. WE STRONGLY URGE PARENTS TO PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET BY USING THEIR BROWSER’S PARENTAL CONTROLS (OR ADDITIONAL SOFTWARE) TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS. WE ALSO SUGGEST THAT PARENTS OPEN THE LINES OF COMMUNICATION WITH THEIR CHILDREN IF THEY DISCOVER THEY HAVE BEEN VIEWING UNACCEPTABLE MATERIAL.
By entering and viewing any of the material on BDSMToyShop.com you certify that the following statements are true:
* I am at least 18 years of age
* I will not allow any minors to access this site or any material found herein
* I will not redistribute any material from this website to minors
* All products found herein are only meant as a novelty
* Sexually explicit material depicting bondage, S/M and other fetish activities and products used for such purposes are allowed by the local laws governing your region
* You do not find pictures or written material depicting men or women bound or engaging in other fetish activities, to be obscene or offensive in any way and do not believe that such material could be considered obscene or offensive. You also do not consider products used to bind men or women and other fetish adult novelties to be obscene or offensive.
The descriptions and demonstrations of the products found on this site, have been performed/described by individuals who are experienced using these products. These performers/writers have a full understanding and awareness of the potential for injury from such products.
Before a Purchaser/user or other participants attempt to use any product from this site, everybody involved must be fully aware of the potential for injury, damage or harm not only to themselves but to others involved in the use of the products. No individual should should use any product from this site unless all participating individuals have acknowledged and fully understand the potential for injury, damage or harm. Before an individual attempts to use any of the products found on this site, each individual must take full responsibility for any injury, damage or harm that may occur. All individuals who use any product from this site.
The BDSMToyShop.com DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PRODUCTS OFFER. This site and products received from this site are for novelty purposes only. No individual involved in the production/distribution/sale of these products are responsible for any purchaser/user’s failure to understand the risk of such products or the proper use of products.
Please note that much of BDSMToyShop.com is based on personal experience and anecdotal evidence. You are responsible for your own actions and your use of opinions found on this site or products received from this site is at your own risk. Nothing in BDSMToyShop.com or products received from this site is intended to replace common sense, legal, medical or other professional advice, and is only meant for novelty purposes.
DISCLAIMER OF WARRANTIES:
BDSMToyShop.com ITS OWNERS, ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BDSMToyShop.com, ITS OWNERS, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. THE USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL THE OWNERS OR BDSMToyShop.com, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE OWNERS OF BDSMToyShop.com, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION:
You agree to defend, indemnify, and hold harmless the owners of BDSMToyShop.com, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. BDSMToyShop.com and its owners reserves the right, at it’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with BDSMToyShop.com in asserting any available defenses.
CHOICE OF LAW AND FORUM:
This site (excluding third party linked sites) is controlled from its offices within the Province of British Columbia, Canada. It can be accessed from all countries around the world to the extent permitted by site. As each of these places has laws that may differ from British Columbia, by accessing this site, both you and BDSMToyShop.com agree that the statues and laws of British Columbia shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and BDSMToyShop.com also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of British Columbia and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
