To be an authorized affiliate of Affiliate2day, you agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering and using the Affiliate2day service as an affiliate. By signing up for Affiliate2day program, you indicate that you have read and accepted this agreement and its terms and conditions.
The terms and conditions on this page apply to any individual or entity that participates in the Be Happy International (“BH Intl”) Affiliate Program (the “Program”).
For the avoidance of doubt, the terms and conditions relate to the following terms and their definitions:
“Company” – This refers to Be Happy International and its websites (Behapppy2day.com, Asiansingles2day.com, Onewife.com and Alltverladies.com).
“Affiliate” or “he/she” – this refers to the applicant
“Site(s)” – Means a website on the World Wide Web / Internet.
Depending on the context of the content, “Site(s)” may also refer to Be Happy International’s own websites as listed above.
“Users” – users of a website, which may include the affiliate’s customers and website visitors.
1. Enrollment in the Program
To begin the enrollment process, Affiliate is to submit a complete Program application via Company’s site. Company will evaluate the application in good faith and notify Affiliate as to whether the application for participation in the Program according to the terms of the Affiliate Program has been accepted. Affiliate will also receive a piece of HTML which should be placed on the Affiliate’s site(s) page(s). Company can reject the application if Affiliate’s site is unsuitable for the Program. Unsuitable sites include those that:
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- promote illegal activities
- violate intellectual property rights
- provide pornographic/nude contents
If Company rejects the application, Affiliate is welcome to reapply to the Program anytime. Note that if Company accepts the application and Affiliate’s site is thereafter determined to be unsuitable for the Program, Company can terminate this Agreement. Unfortunately, at the moment we do not accept Affiliate applications from the following countries: India, Pakistan, Bangladesh, Philippines, Indonesia, Nigeria, all African countries (excluding Republic of South Africa), and from other embargoed or sanctioned countries.
2. Order Processing
Company will process Product orders placed by customers who follow Special Links from Affiliate’s site to Company’s site. Company reserves the right to reject orders that do not comply with any requirements that are established in case of any amendments, Affiliate is to be notified thereafter. Company will be responsible for all aspects of order processing and fulfillment. Among other things, Company will prepare order forms, process payments, cancellations, and returns, and handle customer service. Company will track sales made to customers who purchase Products and Services using Special Links from Affiliate’s site to Company’s site and will make available reports summarizing these sales activities to Affiliate. The form, content, and frequency of the reports may vary from time to time in Company’s discretion.
3. Marketing Materials/Tools
In order to organize accurate tracking, reporting, and proper commission accrual, Company will provide Affiliate with a special HTML code to be used in all links between Affiliate’s site and Company’s site. Affiliate must ensure that each of the links between Affiliate’s site and Company’s site properly utilizes such special link formats. Links to Company’s site placed on Affiliate’s site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." Affiliate will only earn commissions with respect to activity on Company’s site occurring directly through Special Links: Company will not be liable to Affiliate with respect to any Affiliate’s failure to use Special Links, including to the extent that such failure may result in any reduction of payments which would otherwise be paid to Affiliate pursuant to this Agreement. Special Links functioning is based on "cookies". The system is unable to track the sales when the user's "cookies" are switched off. If visitor's cookies are off he will not be recorded as Affiliate’s referral and Affiliate will not receive any commission from visitor’s actions.
Agreement to these terms and conditions by the affiliate means that any promotional/marketing tools and campaigns that are offered through its association with company, in any format, including websites, content, email, services, do not and will not:
- Violate any law, statute, ordinance or regulation in any country or territory in which the affiliate operates, or its site users may access the services from
- Promote illegal activities
- Contain or promote obscene materials or child pornography
- Contain or promote materials that infringe on copyrights, patents, trademarks, or other intellectual property rights
- Contain any materials which depict persons in a manner to suggest that they are under the age of eighteen years
- Contain or promote harmful or indecent matter to minors
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- Contain content which is defamatory, misleading, libelous, hateful or unlawfully threatening, abusive or harassing
- Be involved in advertising or marketing that is misleading or unlawful in any manner
- Be involved in unfair, fraudulent, or misleading business practices or unfair competition
- Include any of the Company’s trademarks or service marks, or variations or misspellings thereof, in Your domain names
- Be involved in the sending of unsolicited commercial e-mail (“spam”) or chat messages or instant messenger messages
- Be involved any program, file, data stream or other material which contains viruses, worms, “Trojan horses” or any other destructive feature or features that constitute a trespass or unlawfully intrude on privacy
4. Programs and Commission
If Product or Service that generated a commission is charged back by the customer, Company will deduct the corresponding amount from the Affiliate’s next month commission. If there is no subsequent commission, Company will send Affiliate a bill for the recovery of losses.
Company will pay Affiliate commissions depending on Affiliate’s Program. Company has three Programs to offer:
- Pay per First Order. Commission amounts to $150-$250 for the First Orders of Affiliate’s referrals.
- Pay per Lead. Commission amounts to $6 - $8 for every signed-up client meeting targeting requirements of the Company.
- Pay per Sale. Affiliate gets a $25 welcome bonus for joining this program. Affiliate will also get 25% of each order that his/her clients place.
- Two-Tier (Referral) Program. You will receive 10% of your referrals' commissions as long as your referrals are eligible for the payout.
Commission is to be paid if no of the following restrictions have been violated:
- No incentives
- No spam in social nets
- No banners/links to the Company’s sites on resources with pornographic/nude contents
- No proxy/female registrations
- No registrations with similar IP
- No registrations that have been generated with the help of the lead generation sites.
- No registrations that have been generated by friends, or associates obtained through social networks and/or chat rooms
- No registrations generated by bots, scripts or other invalid methods
- No registrations from doorway pages or «throwaway domains»
The payout of Affiliates' commissions is made monthly during the last week of the month following the month/months that is/are being paid for. The payment is made by cashless settlement by wire/PayPal transfer according to the rules of international payments, with the taxes required by Company's law applied and deducted; the bank or PayPal commission is paid by Affiliate. To get the first payout Affiliate has to provide the affiliate manager with the identification document. However, if the commission due is less than $50 at the end of the month, Company is to hold the payout until the total amount due reaches $50 or until this Agreement is terminated. If Product or Service that generated a commission is charged back by the customer, Company will deduct the corresponding amount from the Affiliate’s next month commission. If there is no subsequent commission, Company will send Affiliate a bill for the recovery of losses.
The Company further retains the right not to pay affiliates for lead conversions and /or sales in the case of fraudulent activity being identified or suspected (e.g. credit card fraud or any other suspicious activity).
Payouts will expire if not claimed within 365 days. To receive a payout on time, the affiliate must send a request to the company.
5. Affiliate restrictions
The following restrictions apply to all affiliates:
1. Traffic Restrictions:
- Affiliates are not permitted to display banners (adverts) on adult and porn websites advertising the services of the company
- Affiliates are not permitted to offer incentives to register with Be Happy International group of Sites. These may include, but are not limited to, discounts against other services, free trials, etc.
- Affiliates are not permitted to use viral traffic to attract referrals.
- Affiliates are not permitted to provide re-selling opportunities, nor gain traffic from any reselling activity.
2. Key Words Restrictions:
We grant Affiliate a non-exclusive, non-transferable, revocable license to access the Be Happy International group of Sites solely in accordance with the terms of this Agreement, and to use our logos, trade names, trademarks and similar identifying material (collectively “Company IP”) solely for the purpose of selling our services and memberships on Affiliate’s Site or App.
In return, affiliates are not permitted under any circumstances to:
- Advertise in search advertising (i.e. PPC, retargeting, prospecting, etc) using keywords specific to Affiliate2Day, BeHappy2Day, OneWife, AsianSingles2Day, and AllTverLadies (e.g. Be Happy 2 Day, BeHappy, Be Happy International, behappy2day, etc.)
- This includes variations in grammar, punctuation, the addition of words or letters to any of those keywords. The addition of words and/or the addition the addition of top-level domains (e.g. BeHappy2Day.com…).
- Use exact matches or any variations of AnastasiaDate.com, AsianDate.com, Dream-Singles.com, LoveMe.com, Cupid.com, CharmingDate.com and other dating sites.
- Use the following words as metatags, keywords, hidden text, texts for advertising materials or other terms: “Foreign Affair”, “LoveMe”, “ForeignLadies.com” and permutations of these words and phrases; and the exact phrases “ForeignLadies.com”, “ForeignWomen.com” and “AsianSingles.com.”
- Use the following words as metatags, keywords, hidden text, texts for advertising materials or other terms: “Hot Russian Brides”, “HotRussianBrides.com”, “Russian Love Match”, “RussianLoveMatch.com” and variations in terms of punctuation, spelling, the addition of words and/or the addition of top-level domains. (e.g. Hotrussianbrides.com, etc.)
3. Company IP Restrictions:
Affiliate shall not use the Company IP (e.g. logos, names, sites, etc.) in connection with any activity that may harm or effect the reputation of Company, or its products or services, or that damages the reputation for quality inherent in the same.
For the avoidance of doubt, affiliates are not permitted to do any of the following:
- Use Company IP that is posted on other sites, found in other emails or other sources, manipulated in any way or derived from any means besides the Program interface is not permitted. As example of this may include using different versions of Company or Sites logos or images from other websites.
- Create an impression of an association or affiliation between Affiliate and Company. To guard against this, Affiliates must never use Company IP in a way that appears more prominent than Company IP.
- Use Company IP following the termination or expiration of this Agreement.
If Affiliate does not fully comply with the above-mentioned provisions Company may withhold payment, immediately terminate this Agreement, permanently remove Affiliate from the Program, or utilize any remedy otherwise available to it in law or in equity.
4. Email Restrictions:
- Affiliate may only send emails advertising the Be Happy International group of sites to persons who have opted in to receiving commercial emails either from Affiliate or his/her marketing affiliates who have legally transferred such permission to Affiliate. It is important that Affiliates are aware of email marketing laws in their own territories, and that of the users they market too (e.g. GDPR in the European Union (EU)).
- The texts and content of Affiliate’s emails that mentions, features or advertises Company Sites or services, must be approved in advance by the Company prior to sending.
- The email must comply fully with the FTC Guidelines for Commercial email. Specifically, the following FTC guidelines apply:
- Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information — including the originating domain name and email address — must be accurate and identify the person or business who initiated the message.
- Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
- Identify the message as an ad. The law gives a lot of leeway in how to do this, but Affiliate must disclose clearly and conspicuously that his/her message is an advertisement.
- Affiliate’s email must have an operational opt out link. May be titled as “unsubscribe”.
- The opt out text must contain Company’s address, which is Be Happy International Ltd., and Affiliate’s own name and address.
- The email must comply with all national and state laws. For emails in the United States, the federal CAN-SPAM Act applies. Many states, specifically including California, also have laws regulating commercial emails. It is Affiliate’s responsibility to comply with these laws.
- Affiliate should include email@example.com email address to every list he/she sends mass mailing to. For the avoidance of doubt, this means that any marketing email you send must also be sent to firstname.lastname@example.org.
5. Further Representations.
In addition to the terms and conditions already set out on this page, the Affiliate also agrees to the following terms.
- Affiliate shall not, under any circumstance, use any mechanical means to pull content from Be Happy International group of sites, including, but not limited to, programmatic crawling, downloading, viewing, or scraping;
- Affiliate shall not make any representations, warranties or other statements concerning the Company, Be Happy International group of sites, any of Company’s products or services, or Company’s site policies, except as expressly authorized by this Agreement. For example, this would include unsubstantiated testimonials.
- Affiliate must never use any content on any site or app that appears to have been authored, created or authorized by Company. This could include, but is not limited to images, logos, texts, press releases.
- Affiliate must never use any content on any site or app that claims, or appears, to represent the views of the company, or that are misleading, defamatory, libelous, obscene, or otherwise objectionable;
- Affiliate must never use any content on any site or app that infringes, derogates, dilutes, or impairs the rights of the Company or any third party;
- Affiliate must never use any content on any site or app that refers to Company but is used as part of a name of a product or service of a company other than the Company;
- Affiliate must never use any content on any site or app that is used in any other manner inconsistent with any term of this Agreement or with any provision of law.
- Affiliate shall not engage in deceptive software download or computer settings practices to promote the Be Happy International group of sites. The prohibited deceptive practices include, but are not limited to, installing software without user knowledge, changing a user’s home page without securing user permission, and offering downloadable software that does not install or operate as intended.
Affiliate will be solely responsible for the development, operation, and maintenance of his/her site and for all materials that appear on his/her site. For example, Affiliate will be solely responsible for:
- the technical operation of the site and all related equipment
- posting Special Links on the site and linking those descriptions to Company’s catalog
- the accuracy and appropriateness of materials posted on Affiliate’s site (including, among other things, all Product-related materials) ensuring that materials posted on Affiliate’s site do not violate or infringe upon the rights of any third party (including, copyrights, trademarks, privacy, or other personal or proprietary rights, etc.)
- ensuring that materials posted on Affiliate’s site are not libelous or otherwise illegal
Company disclaims all liability for these matters. Further, you will indemnify and hold Company harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of the Affiliate’s site.
Absolutely no spam on the search engines, news groups or mailing lists. Spamming will be cause for legal action. Furthermore, Be Happy International will not pay for any commission listed for that Host site. No bulk mail, mass mail, unsolicited mail etc. Such actions will be cause for legal action. E-mailing to Opt-in lists is acceptable and encouraged.
Company will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if Company have been advised of the possibility of such damages. Further, the Company’s aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to Affiliate under this Agreement.
Affiliate will be solely responsible for the quality of traffic. We retain the right to check the quality of received traffic, leads, and conversions if we have reasons to suppose that they are fraudulent. We tend to accept only qualitative non-generated traffic along with qualitative conversions from real clients only.
We reserve the right to request information about the sources of traffic and investigate it if needed. The verification process may take up to 30 days and depends on the specific case. Affiliate can contact the affiliate manager and request verification stage. We would highly appreciate the assistance and quick responses to our requests from affiliate during the review process. The affiliate will be notified as soon as the verification is complete.
7. Term and Conditions
The term of this Agreement will begin upon the Company’s acceptance of the Affiliate’s Program application and will end when terminated by either party. Either Affiliate or Company may terminate this Agreement anytime, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, Affiliate will immediately cease use of, and remove from his/her site, all links to the Company’s sites, and all Be Happy International (Behappy2day.com and Asiansingles2day.com) trademarks, trade dress and logos, and all other materials provided by or on behalf of Company to Affiliate pursuant hereto or in connection with the Program. Affiliate is only eligible to earn commissions occurring during the term, and those earned through the date of termination will remain payable only if the related orders are not canceled or returned. Company can withhold Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid.
Company may modify any of the terms and conditions contained in this Agreement, at any time and in Company’s sole discretion, by posting a change notice or a new agreement on Company’s site. Modifications may include, for example, changes of available Programs, payout schedules and payment procedures.
Company makes no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, Company gives no warranties that the operation of the Company’s site will be uninterrupted or error-free, and Company will not be liable for the consequences of any interruptions or errors.
10. Independent Investigation
AFFILIATE ACKNOWLEDGE THAT HE/SHE HAS READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS. AFFILIATE UNDERSTANDS THAT COMPANY MAY (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ANYTIME ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH AFFILIATE’S WEB SITE. AFFILIATE HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
11.1 These Terms will be governed by the country or territory in which the Company operates without reference to rules governing choice of laws. Any action relating to these Terms must be brought in courts located in the country in which the Company operates, and the Affiliate irrevocably consents to the jurisdiction of such courts.
11.2 The Affiliate must not assign these Terms, by operation of law or otherwise, without the Company’s prior written consent. Subject to that restriction, these Terms will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
11.3 The Company’s failure to enforce Affiliate’s strict performance of any provision of these Terms will not constitute a waiver of the Company’s right to subsequently enforce such provision or any other provision of these Terms.