This agreement contains the complete terms and conditions that apply to an individuals or entity’s participation in the Fleshlight affiliate program. This agreement is entered into by Fleshlight and the Affiliate. 

NOW, THEREFORE, in consideration for the covenants and payments herein, the parties agree as follows: 

1. Site Maintenance 
Each party shall be responsible for the development, operation, and maintenance of its own web site and for all materials that appear on its site, including but not limited to: 
a. the technical operation of its site and all related equipment

b. creating and posting descriptions on its site and linking those descriptions 

c. the accuracy and appropriateness of materials posted on its site (including, among other things, all service and product-related materials)

d. ensuring that materials posted on its site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) 

e. ensuring that materials posted on its site are not libelous, obscene, fraudulent or otherwise illegal 

f. ensuring that its site accurately and adequately discloses, either through a privacy policy or otherwise, how it collects, uses, stores, and discloses data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors browsers. 

2. Linking License
a. Affiliate Linking. Fleshlight hereby grants a non-exclusive, non-transferable license to Affiliate to use the code and/or logo and graphic provided as part of this Program for linking to the Fleshlight Site as approved through this Program. 

b. Linking. Fleshlight and Affiliate hereby grant to each other a non-exclusive, non-transferable trademark license to place the others link, in text or graphic form as provided, on each others website page for the purpose of this Agreement. All use of a partys trademarks as permitted in this Agreement shall accrue to the benefit of the owner of such trademarks, and the other party shall acquire no right, title or interest in such trademarks other than the license granted herein. Each trademark owner shall retain sole exclusive rights and control over its trade marks, service marks and trade names.

c. Purchase Tracking. Fleshlight shall track Affiliate users who access the Fleshlight Site via the code or link on Affiliates site and make a purchase which earns Fees as set forth in Section 

d. Failure by Affiliate to correctly use code or links which track sales from its users may result in problems with accurate payments hereunder. Please notify Fleshlight immediately if you believe that you have had a problem in this regard. 

3. Program Participation
As part of being granted participation in this Program, you agree that you will not: 

a. directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using links or branding on your site to access the Fleshlight Site (e.g., by implementing any "rewards" program for persons or entities who use your site to access the Fleshlight Site, etc.);

b. post any links or branding on any web site or other platform that is accessible through any device (an "Internet Access Device") that provides Internet access but does not present the Fleshlight Site, or permit users to access and interact with the Fleshlight Site, in the same manner as a desktop computer (e.g., mobile devices such as cellular telephones or PDAs that may access only limited or modified versions of the site);

c. read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Fleshlight by any person or entity;

d. in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the Fleshlight Site;

e. make any orders requests, or engage in other transactions of any kind on the Fleshlight Site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so;

f. take any action that could reasonably cause any confusion to the user as to which website transactions or actions are occurring; or 

g. except for linking in section 2.a. above, post or serve any advertisements or promotional content around or in conjunction with the display of the Fleshlight Site (e.g., through any "framing" technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action. If we determine, in Fleshlights sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.

h. do any unsolicited emailings ("spamming") mentioning Fleshlight name or logo in any way or featuring any of the Fleshlight products, promotions or content. 

4. Fee Payments
Fleshlight will pay you a Fee for an eligible form sale. For the purpose of this section, "eligible" is defined as when the user clicks-through the code or link supplied through this Program from your site to the Fleshlight Site, and adds a Fleshlight product to his or her shopping cart during a session. No Fee will be paid if the session ends which is upon any of the following events: (a) 24 hours elapses from the users initial click-through, (b) the user follows another parties link or code to the Fleshlight Site; (c) the user leaves the site and reenters again other than through your site; or (d) purchases made through an Internet Access Device. Fees will not be paid on disputed credit card charges or on purchases of other parties items purchased through the Fleshlight Site by users from your site. 

5. Payment Procedures
You will earn a € 10,00 commission on each Fleshlight, Sexinacan and Insert. Earn a € 5,00 commission on each Limpy. Affiliate commissions will be paid on the 28th of each month. If your commissions exceed € 100,00 in a month, it will be wired to you, otherwise commissions will accrue until the € 100,00 mark is attained. Payments shall be made via banktransfer to the party and address as indicated on the contact information provided on signup by Affiliate. Affiliate is responsible for updating such information in a timely fashion. 

6. Warranties
a. Affiliate Warranties. Affiliate represents and warrants to Fleshlight that (i) it has the requisite corporate authority to enter into and perform this Agreement, (ii) this Agreement constitutes a legally binding obligation, enforceable in accordance with its terms, (iii) its execution and performance under this Agreement shall not breach any agreements or violate any third partys rights and shall not violate any judgment, writ, injunction, or order of any court, arbitrator or governmental agency; and (iv) no content on its website, nor any element thereof, shall infringe the copyright, trademark, patent or trade secret rights of any third party or be subject to any restrictions or to any mortgages, liens, pledges, security interests, encumbrances or encroachments.

b. Fleshlight Warranties. Fleshlight represents and warrants to the Affiliate that (i) it has the requisite corporate authority to enter into and perform this Agreement, (ii) this Agreement constitutes a legally binding obligation, enforceable in accordance with its terms, and (iii) its execution and performance under this Agreement shall not breach any agreements or violate any judgment, writ, injunction, or order of any court, arbitrator or governmental agency.

c. No Other Warranties. Except as stated in the above Sections 6. a and b respectively, NEITHER PARTY MAKES ANY OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED OR EXPRESS WARRANTIES. NEITHER PARTY IS RELYING ON ANY STATEMENT, PROMISE, REPRESENTATION OR GUARANTEE, EXCEPT AS SET FORTH IN THIS AGREEMENT. 

7. Indemnification
Affiliate shall indemnify and hold harmless Fleshlight, its officers, directors, employees, sublicensees, contractors and agents from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys fees and court costs) which result from a breach or alleged breach of any statement (a "Claim") set forth in this Agreement, provided that Fleshlight gives the Affiliate written notice of any such Claim and the indemnified party has the right to participate in the defense of any such Claim at its expense. From the date of written notice of any such Claim, Fleshlight shall have the right to withhold from any payments due under this Agreement the amount of any defense costs, plus additional reasonable amounts as security for obligations under this Section. 

8. Termination and Term
This agreement begins as soon as Fleshlight receives your application to become a Fleshlight affiliate. Either party may terminate this Agreement upon thirty (30) days written notice to the other. Fleshlight may terminate this agreement immediately and without notice if termination is due to a material breach of the Affiliate agreement. Upon termination for material breach, Fleshlight may withhold Fees due to off-set any Affiliate breach. Upon termination for other than material breach, Fleshlight shall issue payment within thirty days of conclusion of the quarter in which such termination occurs. Upon termination for any reason, all licenses granted herein shall immediately cease and Affiliate shall immediately remove all code and links, references and trademarks on its site regarding Fleshlight.

9. Relationship
The parties relationship does not create a partnership, joint venture, agency or employer-employee relationship. The Affiliate is not the agent of Fleshlight and is not authorized to make any representation, contract, or commitment on behalf of Fleshlight. Contractor shall be solely responsible for all tax returns and payments required to be filed with or made to any federal, state or local tax authority with respect to its receipt of fees under this Agreement.

10. Sales Performance
Fleshlight is not responsible for the performance of sales from Affiliates sites. Affiliates are responsible for their own equipment and software and compliance with all applicable laws. Proper web site design and placement of links on the Affiliate site is the sole responsibility of the Affiliate. Fleshlight is not responsible for sales not attributed to the Affiliate due to improper coding or placement of links.

11. Modification of Agreement
Fleshlight reserves the right to change any of the terms and the conditions of this agreement at any time, at Fleshlight’s sole discretion, by posting a change notice or a new agreement on our website. IF ANY MODIFICATIONS ARE NOT ACCEPTABLE TO THE AFFILIATE THEN THE AFFILIATE MAY TERMINATE WITHOUT THE REQUIRED NOTICE. BY CONTINUING TO OPERATE AN AFFILIATE PROGRAM WITH Fleshlight YOUR ARE ACCEPTING AND AGREEING TO THE CHANGE.

12. Press Release
Affiliate shall not issue a press release regarding its participation in this Program without the written permission of Fleshlight.