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Seeking Affiliates Terms *
Reflex Media Affiliate Program Agreement - Terms & Conditions

Last Updated: May 16, 2023

THIS IS A LEGAL AGREEMENT BETWEEN Reflex Media ("Reflex Media" OR "WE") AND YOU as an Individual or Entity which you represent, (each, individually, a “Party” and collectively, the “Parties”). By Agreeing to these terms, you are agreeing that you have read and understand the Terms and Conditions of the Reflex Media Affiliate Program Agreement (the “Agreement”), that you agree to be bound by this Agreement, and that you are authorized to bind the Entity you represent. 

This Agreement contains the complete terms and conditions that apply to your participation in the Reflex Media Affiliate Program (the "Program"). The purpose of this Agreement is to allow you to send marketing emails about the websites operated by Reflex Media (the "Reflex Media Site" or “Reflex Media Sites”), including but not limited to seeking.com, whatsyourprice.com, firstdate.com and dayodating.com, to your email contact lists.

As a member of the Program, you will have access to our Affiliate Platform interface where you will be able to view our Program offers, corresponding details, previously published affiliate newsletters, download links to web pages within the Reflex Media Sites, and banners or other creative assets. In order for us to accurately keep track of all guest visits from your emails to the Reflex Media Sites, you must use the links that we provide.

This Agreement will become effective upon Reflex Media's acceptance of your completed Reflex Media Affiliate Program Application (the "Application"). Reflex Media reserves the right to accept or reject your Application at Reflex Media's sole discretion. We may reject your Application if we determine that your emails or advertising methods do not meet the Reflex Media Marketing Standards and Practices for the Program. The Reflex Media Marketing Standards and Practices outlines unsuitable emails, sites and/or advertising methods that include, but are not limited to, those that:
- Are targeted to anyone under the age of 18, no matter the age of consent, and where prohibited by law. 
- Promote pornography and/or sexually explicit materials.
- Promote violence or use of illegal substances.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Promote prostitution, escorting, or any variation of soliciting sex in exchange for money or other compensation (which would include in exchange for goods and services).
- Promote hate, crime or other illegal activities.
- Include "Reflex Media" any other trademark of Reflex Media or its affiliates, or variations or misspellings of any of them, in their URLs to the left of the top-level domain name (e.g., ".com", ".net", ".uk", etc.) -- for example, a URL such as "SeekingArrangement.mydomain.com", "WhatsYourPricereviews.com" or "MissTravel-scams.net" would be unsuitable.
- Otherwise, violate Reflex Media’s and its affiliated entities’ intellectual property rights.

By participating in the Program you agree that you will not engage in any activities that are in violation of the Reflex Media Marketing Standards and Practices. If we reject your Application, you are welcome to reapply to the Program at any time. If your Application is accepted and your emails or advertising methods are thereafter determined to be in violation of the Reflex Media Marketing Standards and Practices, we may terminate this Agreement and your participation in the Program immediately.

1) DEFINITIONS
  a) Defined terms shall have the meaning set forth herein or in Exhibit A below.
2) GENERAL CONDITIONS
  a) Reflex Media reserves the right, at its full discretion, to disqualify any individual or entity it suspects of undermining or manipulating the registration and/or qualifying process, the operation of the Email Affiliate Program by attempting to circumvent the referral fee schedule or artificially increasing your fees or by referring low-value New Customers or by other fraudulent methods or results, or to be acting in violation of this Agreement. Reflex Media may, at its sole discretion, may cancel the Email Affiliate Program at any time. In the event of your non-compliance with any requirement stated herein, or to the extent that you are referring low-value New Customers, Reflex Media may withhold or reduce any payments due to you until resolution of all disputes.
3) LINKING TO THE REFLEX MEDIA SITE
  a) You agree that within seven (7) days of the approval of your Application to the Program, you will include Placements (as defined in Exhibit A below) that link from your marketing emails to the Reflex Media Site or Sites.
  b) SUB-AFFILIATE NETWORKS
    i) Subject to the terms and conditions of this Agreement, you may promote Reflex Media through a sub-affiliate network. You acknowledge and agree that you will be responsible for ensuring that all sub-affiliates promoting Reflex Media adhere to the Program terms and conditions contained herein, including but not limited to restrictions on advertising through incentivized Placements. You further acknowledge and agree that you will be solely liable for any violations of the terms and conditions of this Agreement by a sub-affiliate and that such violation may result in termination of this Agreement by Reflex Media. Failure to comply with sub-affiliate terms may result in loss and/or reduction of Referral Fees from sales made through any sub-affiliate that does not comply with the terms of this Agreement.
  c) MAINTENANCE AND MONITORING OF PLACEMENTS
    i) You agree to link only to those specific web pages that Reflex Media designates in the Placements, and to use only the Placements provided for such purpose in your marketing emails. You shall not modify or alter the Placements provided by Reflex Media in any way. You shall not "frame" or "mirror" any part of the Reflex Media Sites without the prior written authorization of Reflex Media.
    ii) Reflex Media has the right to monitor the content  of Affiliate's emails as Reflex Media deems necessary to monitor use of the Placements/links and for compliance with the terms of this Agreement. You agree that we may take such actions and that you will not try to block or otherwise interfere with such monitoring activities. Reflex Media has the right to notify you of any reasonable changes that you need to make to comply with the Reflex Media guidelines for the use of the Placements and to otherwise comply with the terms of this Agreement, and you agree to make such changes within seven (7) days receipt of the notification from Reflex Media.
    iii) You shall cooperate with Reflex Media in order to establish and maintain any Placements between the Reflex Media Site and Affiliate's marketing emails. You shall not display any link or mark pertaining to Reflex Media or any of its affiliated websites, for use as a link or otherwise, other than the Placements that Reflex Media provides to you. If Reflex Media updates the Placements, you will replace the old Placements with the new ones in your marketing emails within a 24-hour period.
    iv) You agree that Reflex Media will be allowed to place an identifying tag in each Placement that will identify the origin of a user that arrives directly at the Reflex Media Site by clicking on the Placement.
    v) You acknowledge that, by participating in the Program and placing any of the above links within your site, we may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the Program constitutes your explicit and unconditional consent to and authorization for our access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in the Privacy Notice on the Reflex Media Sites.
4) PAYMENTS OF REFERRAL FEES FROM REFLEX MEDIA TO YOU
  a) Subject to all terms of this Agreement, Reflex Media will pay you a one-time referral fee or revenue share for each New Customer who initially enters a Reflex Media Site directly from Placements in Affiliate's marketing emails which you send.  Reflex Media may publish additional special bonuses or promotions from time to time. Reflex Media reserves the right to reduce the one-time referral fee per each New Customer and reserves the right to make such determination in its sole discretion.
  b) Any acts of fraudulent behavior (as determined at our sole discretion), refunds, or Chargebacks that resulted initially in payable events created by you or your Affiliates shall be deemed fraud and/or invalid, and non-payable. We reserve the right (at our sole discretion) to reject and reverse any such corresponding commissions at any time. We will make every reasonable attempt to notify you of the specific planned reversals within 30 days. Also, any fraudulent acts (as determined at our sole discretion) may result in the complete removal of you from our Program.
  c) Failure by you to set up the payment method provided by Reflex Media through Everflow (the “Payment Method”) within one year from the month Referral Fees are first owed to you will result in your forfeiture of said Referral Fee payments and all future Referral Fee payments until such time as the Payment Method is set up by you. Previously forfeited Referral Fees will not be paid upon subsequent set up of the Payment Method.
  d) Failure by you to transfer Referral Fees from the Payment Method to your own account within one year from the month the Referral Fees were first paid through the Payment Method will result in your forfeiture of said Referral Fee payments. 
5) COMPLIANCE WITH APPLICABLE LAWS
  a) You are solely responsible for the accuracy and appropriateness of all email content, and for ensuring that your activities, including your email content and communications with Reflex Media, New Customers, and potential customers (whether in print, email, advertisements or otherwise) are not defamatory, in violation of copyright laws or otherwise illegal. You further agree that your activities, including communications with Reflex Media, New Customers and potential customers regarding or relating to Reflex Media in any way, are in full compliance with all applicable laws in your jurisdiction and that of the state of Nevada. You further agree to abide by Reflex Media's Anti-Spam Policy, below. You agree to defend, indemnify and hold Reflex Media harmless for any violations of the foregoing. Reflex Media disclaims all liability for these matters.
  b) ANTI-SPAM POLICY
    i) We do not and will not tolerate the sending of unsolicited email messages and will take legal action against all offenders to the fullest extent of the law. Advertising commonly referred to as "spamming" could damage Reflex Media's goodwill. You shall not undertake any spamming referring to a Reflex Media Site or using any Placements or other Reflex Media Marks. You shall not refer to a Reflex Media Site or use any Placements or other Reflex Media Marks in any unsolicited commercial email (“UCE”) or postings to social media, without Reflex Media’s advance written permission, which may be withheld at Reflex Media’s discretion. In addition, you shall not advertise in any way that effectively conceals or misrepresents your identity, domain name, or return email address.
  c) SPYWARE AND OTHER PARASITES
    i) Any Affiliate suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (in Reflex Media’s sole determination), is subject to punitive actions by Reflex Media, without notice, including but not limited to: suspension of Affiliate account; termination of Affiliate account; withholding of payments to Affiliate; public notification of Affiliate's suspected malfeasance, and legal action. Reflex Media encourages all affiliates to report suspicions of such relationships; and, should substantial proof be provided (as determined by Reflex Media), Reflex Media reserves the right to assign a value equal to unpaid monies earned by the offending affiliate (or a part thereof) to the reporting affiliates as a bounty.
6) MARKETING STANDARDS AND PRACTICES
  a) By agreeing to the terms and conditions of this agreement, you also agree to the following marketing standards and practices policies:
    i) No traffic shall originate from any link in which the New Customer is shown to be incentivized in any way, directly or otherwise, to complete payable events or actions.
    ii) All email drafts must be approved by Reflex Media prior to sending said drafts to any potential target customers on our behalf.
    iii) Affiliates are prohibited from keying in prospect’s information into the lead or purchase form on behalf of the end user, in any way or form. 
    iv) E-mails promoting Reflex Media or any of the Reflex Media Sites shall not contain or include a falsified sender domain name or falsified IP address.
    v) E-mails promoting the Reflex Media Site advertisements shall not be routed or relayed through servers that the sender does not have explicit authorization to use.
    vi) E-mails promoting the Reflex Media Site advertisements shall not contain or include a false or misleading subject line that attempts to disguise or conceal the content of the e-mail.
    vii) All e-mails shall contain or include valid and responsive contact information of the sender, list manager or list owner; this includes your physical address.
    viii) No emails promoting Reflex Media Sites shall be sent for the purpose of harvesting the email addresses in order to send future unsolicited emails.
    ix) All emails promoting Reflex Media will be sent to individuals who have given you their "Affirmative Consent" as defined in Sec. 3.1 of the "CAN-SPAM Act of 2003" (viewable at GPOAccess.gov) which by its reference is incorporated into this document.
    x) Every email promoting Reflex Media Site advertisements shall contain a functioning return electronic mail address or other Internet-based mechanism clearly displayed that a recipient may use to submit in a manner specified in the message a reply electronic mail message or other form of Internet-based communication requesting not to receive future e-mail messages from you.
    xi) You shall process any and all opt-out requests within 5 business days, or less if so requested.
    xii) Unless otherwise directed by Reflex Media in writing, you shall not use Reflex Media or Reflex Media Sites, or their represented advertisers’ names (including any abbreviation thereof) or any trademark, trade name, service mark, logo or other Reflex Media or Reflex Media Sites identifying information in the originating or return e-mail address line, header or subject line of any e-mail transmission and  all e-mail transmissions shall contain language in the body and both the "from" line as well as the "re:" line that clearly announces that the offer embedded in the email is being sent by you for the benefit of your users.
    xiii) You will not bid on Reflex Media Sites or their licensed trademarked terms, nor any similar name, common misspelling, or confusingly similar name on any search engine or other keyword targeted Marketing network.
    xiv) You will not utilize, advertise or otherwise promote any Reflex Media promotional code or coupon without first obtaining Reflex Media's written permission.
    xv) You will comply with Reflex Media Sites’ Privacy Policy found on their respective websites.  
    xvi) All owed commissions are determined by Reflex Media (at our sole discretion) using our Affiliate Platforms tracking, less any reversed sales/leads as applicable. 
  b) PRESS RELEASES AND OTHER PUBLICITY
    i) You may not create, publish, distribute, or permit any written or electronically transmitted publicity material (including without limitation, advertisements and press releases) that makes reference to Reflex Media, or the Reflex Media Sites without first submitting the material to Reflex Media and receiving its approval in writing. You shall not issue any public statement(s) regarding the relationship with Reflex Media without the prior written approval of Reflex Media.
    ii) You shall not refer to the Reflex Media Sites or use any Placements or other Reflex Media Marks in any UCE or postings to social media without Reflex Media’s advance written permission, which may be withheld at Reflex Media’s discretion. In addition, you shall not advertise in any way that effectively conceals or misrepresents your identity, domain name, or return email address.
    iii) Although Reflex Media always requires that its written consent be given for the uses above, Reflex Media generally approves mailings so long as the recipient is already a customer or subscriber of your services, and recipients have the option to remove themselves from future mailings. Reflex Media generally approves social media postings so long as the news group specifically welcomes commercial messages. In all cases, you must always clearly represent yourself and your marketing emails as independent from Reflex Media.
7) TERM AND TERMINATION
  a) Term: The term of this Agreement will begin on the approval date of your Application to the Program and will end when terminated by either Party. Either Reflex Media or you may terminate this Agreement at any time, with or without cause, by giving the other Party written notice of termination. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from your marketing emails all links to the Reflex Media Sites, and all Reflex Media trademarks and logos, other Reflex Media Marks and all other materials provided in connection with this Agreement.  No further commissions can be earned upon termination.
  b) Termination For Cause: Reflex Media may terminate this Agreement in the event that Affiliate:
    i) Commits any act during the Term that constitutes an act of moral turpitude;
    ii) Becomes involved in any situation or occurrence which, based on objective facts and circumstances, reflects unfavorably upon Reflex Media and/or its Sites; 
    iii) Breaches any provision of this Agreement and such breach is not cured within seven (7) days of notification of such breach; or
    iv) Makes any false public statement or comment concerning Reflex Media or its Sites.
  c) Effect of Termination: In the event of termination for cause, neither Party is entitled to the further performance of the other Party.
8) RELATIONSHIP OF PARTIES
  a) You understand that all rights you have received hereunder from Reflex Media are non-exclusive. The Parties shall be deemed to be independent Parties with respect to the subject matter of this Agreement, and nothing contained in this Agreement shall be deemed or construed in any manner as creating any partnership, joint venture, employment, contractor, agency, fiduciary, or other similar relationship. You shall be solely responsible for all taxes due on Referral Fees or other payments paid to you under this Agreement.
9) GRANT OF LICENSES
  a) Subject to the terms of this Agreement, you have the non-exclusive, non-transferable and non-sublicensable right to use and display Reflex Media Marks only to refer specifically to Reflex Media services and products in connection with the Placements, and only in the form which Reflex Media provides you for such limited purposes. Such usage must be truthful, fair and not misleading or disparaging. Reflex Media Marks must be used with a minimum spacing surrounding them and not be incorporated into your own product names, trademarks, service names, logos, company names, domain names or DBAs. You shall not adopt marks or logos that are confusingly similar to Reflex Media's Marks.
  b) You grant to Reflex Media a non-exclusive, non-transferable, revocable right to utilize your name, title, and logo in the advertising, marketing, promoting, and publicizing, in any manner, of your participation in the Affiliate Program related to Reflex Media's rights under this Agreement. Reflex Media is not under any obligation to so advertise, market, promote, or publicize your participation in the Affiliate Program.
  c) You agree not to use Reflex Media’s proprietary materials, marks or other intellectual property in any manner that is disparaging or that otherwise portrays Reflex Media in a negative light. Each Party reserves all of its respective rights in the proprietary materials and intellectual property covered by this license. Other than the license granted in this Agreement, each Party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
10) REPRESENTATIONS, WARRANTIES, AND COVENANTS
  a) You represent, warrant and covenant that 1) you have full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party; 2) you have sufficient right, title, and interest in and to the rights granted to Reflex Media in this Agreement; 3) the material contained in your marketing emails does not defame any third party or violate or infringe upon the rights of any third party or any applicable copyright and other laws that pertain to it; 4) you shall not make any representations or warranties regarding the services provided by Reflex Media; and 5) you shall not make or publicize any statements that are disparaging of Reflex Media or the Reflex Media Sites or that otherwise portray Reflex Media and/or its Sites in a negative light.
11) INDEMNIFICATION
  a) You (the “Indemnifying Party”) agree that at all times you will defend, indemnify and hold harmless Reflex Media (the “Indemnified Party”) and their officers, directors, employees, agencies, representatives, agents, and affiliates from and against any and all claims, suits, actions, damages, liabilities, costs and expenses, including attorneys’ fees, resulting from your breach of the warranties and covenants in this Agreement or arising out of any third party’s claim related to the Program and services outlined in this Agreement. The Indemnifying Party will give the Indemnified Party prompt written notice of any suit, claim, demand or action that is subject to this indemnification provision and will promptly furnish the Indemnified Party with a copy of any and all documents and instruments served upon the Indemnifying Party. This indemnification provision shall survive the Term, including any Extensions, of this Agreement.
12) CONFIDENTIALITY
  a) Confidential Information. In connection with the activities contemplated by this Agreement, you may acquire confidential technical or business information of Reflex Media which is not generally known to the public, including without limitation (i) proposals, ideas or research related to possible new products or services; (ii) financial statements and other financial information; (iii) any reporting information required by the Agreement; and (iv) the terms of this Agreement and the relationship between the Parties (collectively, "Confidential Information"). You agree not to disclose the Confidential Information or use the Confidential Information for your own benefit or for the benefit of any third party. Your obligations in this Section shall not apply to any information that you can prove: (i) was in the public domain at or subsequent to the time it was communicated to you through no fault of yours; (ii) was rightfully in your possession free of any obligation of confidence owed to Reflex Media at or subsequent to the time it was communicated to you by Reflex Media; (iii) was in response to a valid order by a court or other governmental body or was otherwise required by law. 
  b) Copies and Destruction of Materials. All Confidential Information disclosed hereunder shall remain the sole and exclusive property of the disclosing Party. Each receiving Party agrees not to copy or record any Confidential Information of a disclosing party except as reasonably necessary to further the terms of this Agreement. Each disclosing Party may elect at any time to terminate further access by the other Party to the Confidential Information. Following any written request by the disclosing Party, the receiving Party agrees to destroy all written Confidential Information and any other written material containing any of the Confidential Information in receiving Party’s possession or receiving Party’s representatives’ possession, and the receiving Party and its representatives will not retain any copies, extracts or other reproductions in whole or in part, mechanical or electronic, of such written material.  Notwithstanding the foregoing, the Parties will not be obligated to destroy any Confidential Information to the extent that the maintenance of such Confidential Information is required by law or regulation.
  c) Injunctive Relief. The Parties acknowledge that the Confidential Information constitutes and contains confidential and proprietary information of a special and unique nature and value. The receiving Party  also acknowledges that the disclosing Party will suffer irreparable harm in the event the receiving Party breaches any of the receiving Party’s obligations under this Agreement and that monetary damages will be inadequate to compensate the disclosing Party fully for such breach.  The Parties accordingly agree that, in the event of a breach or threatened breach of any of the receiving Party’s obligations under this Agreement, the disclosing Party will be entitled to seek injunctive relief to prevent breach by the receiving Party and by all persons acting for, on behalf of or with the receiving Party. Such injunctive relief will be in addition to any other rights and remedies to which the disclosing Party is or may be entitled at law or in equity or otherwise under this Agreement.
13) MISCELLANEOUS
  a) Notices. All notices permitted or required under this Agreement shall be made by email, personal delivery, overnight delivery, or via U.S. certified mail or international courier, postage prepaid, to the other Party at the address set forth on the signature page of this Agreement or to the number or address you provide.
  b) Section Headings. The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
  c) Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Nevada without regard to the conflicts of laws, rules and principles thereof.
  d) Binding Effect and Assignment. This Agreement, along with its benefits and obligations, is binding upon and inures to the benefit of the Parties hereto and their respective heirs, successors, and assigns.  This Agreement may not be assigned, in whole or in part, by either Party hereto without the prior written consent of the other Party.
  e) Entire Agreement. This Agreement and the completed Application constitutes and contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. This Agreement may not be amended except in writing signed by the Parties. Each Party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein. All exhibits attached to this Agreement are incorporated hereby and shall be treated as if set forth herein.
  f) Amendments. Reflex Media may amend or modify any of the terms and conditions in this Agreement, including terminating this Agreement or the Affiliate Program at any time at its sole discretion. Modifications may include, but are not limited to, changes in the scope, percent of Net Revenue paid as a Referral Fee, amount of one-time Referral Fee, payment procedures, and Reflex Media's Affiliate Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL HAVE THE RIGHT TO TERMINATE THIS AGREEMENT AS SET FORTH ABOVE. YOUR CONTINUED PARTICIPATION IN REFLEX MEDIA'S EMAIL AFFILIATE PROGRAM FOLLOWING THE POSTING OF THE CHANGE NOTICE OR NEW AGREEMENT ON THE REFLEX MEDIA SITE WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES.
  g) Interpretation. The Parties acknowledge and agree that (i) each Party and its representatives have reviewed the terms and provisions of this Agreement; and (ii) the terms and provisions of this Agreement shall be construed fairly as to each Party and not in favor of or against either Party, regardless of which Party was generally responsible for preparing or drafting this Agreement.
  h) Attorneys’ Fees. In the event of any legal action concerning this Agreement which results in a judgment or finding of fault, the losing Party shall pay to the prevailing Party all reasonable attorneys’ fees and court costs.
  i) Severability. If any provision contained in this Agreement is held to be unenforceable by a court of law or equity, this Agreement shall be construed as if such provision did not exist and the unenforceability of such provision shall not be held to render any other provision or provisions of this Agreement unenforceable.
  j) Waiver. A waiver of the breach of any term or condition of this Agreement by either Party shall not constitute a waiver of that or any other breach or breaches.
  k) Survival. Notwithstanding the termination, for any reason, of this Agreement, the terms of this Agreement shall survive such termination and shall continue in perpetuity, except where a specific time limit is mentioned within a provision.

14) LIMITATIONS OF LIABILITY
  a) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, REFLEX MEDIA WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR ANTICIPATED REVENUE, PROFITS OR LOST BUSINESS), EVEN IF REFLEX MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL REFLEX MEDIA'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) BREACH OF WARRANTY OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAYABLE TO YOU UNDER THIS AGREEMENT.
15) DISCLAIMER
  a) REFLEX MEDIA PROVIDES THE REFLEX MEDIA SITES AND ALL CONTENT, INFORMATION AND SERVICES AVAILABLE THEREIN, "AS IS" AND MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING REFLEX MEDIA OR ANY PRODUCTS OR SERVICES PROVIDED BY REFLEX MEDIA. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, REFLEX MEDIA MAKES NO REPRESENTATION THAT THE OPERATION OF THE REFLEX MEDIA SITES WILL BE UNINTERRUPTED OR ERROR-FREE, AND REFLEX MEDIA WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, DOWNTIME OR ERRORS.

YOUR PARTICIPATION IN THE EMAIL AFFILIATE PROGRAM IS YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS AGREEMENT CAREFULLY AND UNDERSTAND, HAVE HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL AND ACCEPT THE OBLIGATIONS, WHICH IT IMPOSES UPON YOU WITHOUT RESERVATION. YOU HAVE ALSO TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER PROVISIONS OF THIS AGREEMENT PRIOR TO ACCEPTING THIS AGREEMENT. NO PROMISES OR REPRESENTATIONS HAVE BEEN MADE TO YOU TO INDUCE YOU TO SIGN THIS AGREEMENT. YOU AGREE TO THE TERMS OF THIS AGREEMENT VOLUNTARILY AND FREELY.

Exhibit A - Definitions

As used in this Agreement, the terms set forth below shall have the following meanings:
  a) “Reflex Media Sites” means all of the websites that Reflex Media manages or operates, including but not limited to: seeking.com, whatsyourprice.com, firstdate.com and dayodating.com.
  b) "Reflex Media Marks" means the trademarks, trade names, service marks and logos of Clover8 Investments Pte. Ltd., licensed to Reflex Media, that may be made available to you hereunder.
  c) "Reflex Media Service" means the services we provide to customers for a fee.
  d) "Placements" means (i) graphical links, text links, banners, interstitials, videos, logos and other promotional material that are offered by Reflex Media now or in the future that are meant to link directly from the Affiliate's marketing emails to the Reflex Media Sites and (ii) other email and other promotions that are offered by you now or in the future and link directly to the Reflex Media Sites.
  e) "Net Revenues" means actual collections from the Reflex Media Service  obtained from New Customers who initially enter the Reflex Media Sites directly from Placements on Affiliate's marketing emails.
  f) "New Customer" means a user that joins and or purchases qualified products for the first time within 30 days of the user's visit to the Reflex Media Sites, who is over 18 years old, and successfully pays for their purchase. Each offer will define the payable event (i.e., join vs purchase - Cost Per Lead (CPL) vs Cost Per Action (CPA))
  g)"Referral Fee" means fees paid to you for each New Customer who comes to the Reflex Media Sites by way of a Placement on the Affiliate's Website who is not already a customer.
I agree to Seeking Affiliates's Terms of Service