R18.com Affiliate Terms & Conditions Agreement

This Affiliate Terms and Conditions Agreement (the "Agreement") is entered into by and between R18.COM ("R18.COM") representing R18.com and You (hereinafter referred to as "Your" or the "Webmaster"). R18.COM RESERVES THE RIGHT TO AMEND THIS AGREEMENT AT ANY TIME AND WILL POST THE AMENDED AGREEMENT HERE. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE POSTING OF ANY CHANGES IN THIS AGREEMENT WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF SUCH RULES, CHANGES OR MODIFICATIONS.

The following offer to You to participate in R18.com Affiliate Program (“Program”) is subject to all the terms, conditions, limitations and waivers below. You acknowledge and agree that by participating in the Program You will be bound by all the terms and conditions in this Agreement.

1. Enrollment

      In order to participate in the Program, You must fill out the application form provided by R18.COM. R18.COM reserves the right to reject Your application if R18.COM determines, in its sole discretion, even after approve Your application, that any of the following apply:

    1. (a) Your website contains or supports acts of violence;
      (b) Your website to be used in connection with the Program is unacceptable to R18.COM for any reason, including, without limitation, because Your website incorporates images and/or content R18.COM, in its sole discretion, deems unlawful, defamatory, obscene, harassing or otherwise objectionable;
      (c) Your website encourages any discrimination based on race, gender, nationality, religion, physical characteristics, sexual preference, and/or age;
      (d) Your website infringes R18.COM’s and/or any other third party’s intellectual properties;
      (e) Your website is not made public on the internet;
      (f) You website is obscene;
      (g) Your application contains false information; and/or h) You are not the legal age of majority in Your jurisdiction.

    R18.COM shall terminate this Agreement in its sole discretion. Such termination by R18.COM comes into effect when You receives notice from R18.COM by e-mail. If such notification e-mail does not reach to Your registered e-mail, R18.COM shall deem to terminate this Agreement at the time of transmission.

 

2. Your Responsibilities

    As a member of the Program, You shall manage Your website on Your own responsibility, also You shall pay attention not to be carried out illegal activity and/or antisocial behavior by third party on Your website. You shall keep Your personal information described in application form up-to-date through Your R18.com Affiliate. R18.COM shall no responsible for any damages arise from Your negligence and/or failure to update Your personal information. You shall make all necessary tax payment in connection with the Program and/or this Agreement.

 

3. Links

    When R18.COM accepts Your application, You may use links of the Program on Your registered website, using tools approved by R18.COM. Any copying, downloading or other uses of R18.COM property other than from R18.COM is strictly prohibited. R18.COM will not oblige to pay any commission when You use wrong link source on Your website.

 

4. Commissions

  1. 1) The Program includes two possible forms of commission payout set forth below; R18.COM will pay You a revenue share of eight percent (8%) of revenue received in connection with a person who has been directed to an authorized website owned, controlled or operated through the use of a hypertext transfer link residing on Your website which is in the form of a banner ad or other promotional link which automatically connects any person who clicks on said banner ad or other promotional link to R18.COM website or R18.com website, and which banner ad or other promotional link has been supplied to You as part of the Program.
    2) Commission rates
    Commission rates are subject to change with R18.COM’s sole discretion.
    3) Payment
    Commissions due and owing to You under the Program will be paid to You directly by R18.COM on pay on demand basis for the prior month's activity. R18.COM will pay said due on 10th of each subsequent month of Your payment request reach to R18.COM. You understand that any Payment arising from this Agreement is executed based on Japanese time and Japanese business day. R18.COM shall withhold any transfer fee from Your commissions. R18.COM shall not responsible for any payment request from You after Your withdraw from the Program or R18.COM terminates the Agreement between You.
    4) Cancellation
    In the event that any transactions on R18.COM website in connection with the Program is cancelled, Commissions related to such transactions will be cancelled vice vasa. R18.COM shall pay no commissions to You or will offset from Your balance.

 

5. Prohibited Practice

      The following practices are strictly prohibited and if used by You, may result in forfeiture of Your commission payments and Your immediate termination from the Program.

  1. (a) No use of deceptive or fraudulent language, blind links, misleading or infringing URL's or fraudulent email addresses;
    (b) No multiple browser or frames with links to R18.COM website;
    (c) No forcing exit traffic to Your website or R18.COM website;
    (d) No e-mail marketing without R18.COM’s prior written approval and no unsolicited bulk e-mail marketing under any circumstances;
    (e) No use of any R18.COM content, trademarks or materials for the promotion of any site other than the R18.COM Sites;
    (f) No use of spyware or ad-ware;
    (g) No use of the R18.COM name or any of R18.COM's trademarks or any confusingly similar term in Your metatags or domain name;
    (h) No assignment and/or rental of Your ID;
    (i) No use of multiple IDs.

 

6. Limitation of Liability

    UNDER NO CIRCUMSTANCES, SHALL R18.COM BE RESPONSIBLE FOR ANY DIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EVEN IF R18.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, R18.COM'S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

 

7. DISCLAIMERS

    R18.COM DOES NOT MAKE ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM COURSE OR DEALING OR COURSE OF PERFORMANCE, WITH RESPECT TO THE PROGRAM, ANY R18.COM SITE OR ANY SERVICE OR MATERIALS PROVIDED IN CONNECTION WITH THE PROGRAM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, R18.COM SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY BENEFIT YOU MIGHT OBTAIN FROM THE PROGRAM OR ANY R18.COM SITE. R18.COM DOES NOT GUARANTEE THAT ACCESS OR REGISTRATION TO ANY R18.COM SITE WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE, AND R18.COM WILL NOT BE HELD LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS WHICH MAY OCCUR.

 

8. Representations and Warranties

    You hereby represent and warrant that the performance by You pursuant to this Agreement is within Your legal capacity and power; that You have been duly authorized by all requisite action on Your part; that You do not require the approval or consent of any other party and that Your performance hereunder will not violate or constitute a default under any (i) provision of law, rule, regulation, order, judgment or decree to which You are subject or which is binding upon You, or (ii) the terms of any other agreement, document or instrument applicable to You or binding upon You. Should any law enforcement agency or internet service provider provide R18.COM with notice that You have engaged in a practice that actually or allegedly violates any applicable law, R18.COM reserves the right to cooperate in any investigation relating to Your activities including disclosure of Your account information in connection therewith.

 

9. Governing Law

    This Agreement and all its provisions shall be deemed to be made entirely by the parties herein and shall be governed by and construed in accordance with the laws of Japan without regard to the conflict of laws provisions thereof. Any and all disputes hereunder which are not first resolved between the parties shall be submitted exclusively to Tokyo District Court in Japan having proper jurisdiction and You hereby submit to the personal jurisdiction of such courts. You acknowledge that the terms hereof are fair and reasonable and that You have had a reasonable opportunity to seek the advice of legal counsel with regard to this Agreement and Your performance hereunder.

 

 

Date established: September 17, 2014

Date revised: July 31, 2017