People want and need intimacy to lead happy full lives. The Sinclair Intimacy Institute's mission is to help people improve their ability to create and sustain loving relationships. We fulfill this mission by developing original titles such as the Better Sex Video Series featuring advice from sex therapists and educators and by creating our Web site BetterSex.com. We know there is a need for assistance since we've sold over 4,000,000 videos and receive millions of unique visitors to our Website every year.

If you have a web site you can use our well known brands and products, high levels of consumer awareness and Web site traffic to help make your Website a success. All you have to do is post our banners on your pages and create links to Bettersex.com or any of our products on your site. Once your links are up, you receive commissions on every purchase made by customers who come to BetterSex.com from your site.

Of course, all of our descriptions of the BetterSex.com Affiliate Program are subject to certain specific terms and conditions. They are set forth below in the "Terms of Agreement" section, which you should read carefully.

BENEFITS OF BEING A BETTERSEX.COM AFFILIATE (BetterSexAffiliates.com)

You make money when anyone who comes from your Web site buys something! We also pay you $1.00 every time someone who comes from your site registers with the BetterSex.com catalog and makes a purchase within 30 days of signing up!

1. Make good money with little effort! We pay commissions of 20%. This can easily be more than you would make if you had your own mail order business, after you factor in the cost of buying and inventorying product, processing and shipping orders, and paying rent and salaries.
   
2. Turn the thousands of visitors to your site into extra income! Traffic to your site is often a burden, leading your service provider to charge you for extra bandwidth. But now you can turn that traffic into a benefit, putting money directly into your pocket.
   
3. It is easy! All you do is fill in the simple online application form, and when you are approved, post our banner and link, and then cash your checks.
   
4. Enhance your site! By adding the BetterSex.com banner to your site, you make it more useful to your members. They can now order adult toys and videos immediately, online, with quick reliable service, including next-day delivery!
   
5. Be Affiliated with the leader! Sinclair Intimacy Institute is the leading producer of adult sex education videos. By being a Bettersex Partner you are working with the most prestigious sex education company, giving more credibility to your site!
   

COMMISSION STRUCTURE

BetterSex affiliates enjoy the best commissions of any e-commerce site on the net today. Affiliates earn at least 20% on sales generated through their own links, plus a $1 reward for every new (unique) customer who registers on our site and makes a purchase (registrations are FREE to the customers.)

Also, affiliates earn $5 for every new affiliate they refer to our program AND 5% of that affiliate's commissions.

You earn commissions on all web sales made by your customers, and we have no time limit on how long you keep a customer. Your affiliate ID is attached to the customer log-in so the site will recognize them as your customer when they log in to make a purchase. We do not use cookies to retain affiliate information for each customer.

(We sometimes feature special promotional rates higher than these so you can earn even more. The more product sales your links generate, the higher your commission rate will be.)

We pay commissions on net sales (the price of the items ordered, not including shipping, taxes, and insurance). No commissions are paid on returned items. The base commission is 20%. We also pay you $1.00 every time someone who comes from your site registers with bettersex.com, and makes a purchase within 30 days.

We will also pay you 5% of net sales for any websites you refer to our program, plus $5 for each new webmaster you refer who is approved for our program! We reward your efforts of recruiting new affiliates into the BetterSex affiliate program by paying you 5% of all their net sales, PLUS $5 per new affiliate - So the more new affiliates you refer, the more money you make!

Your commission check will be mailed no later than 30 days after the close of the month. These commissions are paid on purchases made by customers who come to BetterSex.com directly from your site. Once such a customer has made a purchase, or even registered with BetterSex.com and NOT made a purchase on the first visit, you will receive commissions on any purchases that customer makes, even if they come to BetterSex.com directly and not through your site! (If they come from your site, you always get commissions.)

Affiliate sales reports showing product sales by date range are available online within the BetterSexAffiliates.com affiliate website. This will list total sales, but will not list the names of the purchasers, as these are confidential. Our commission structure is based on automatic increases to your commission rate as your sales increase (not all affiliates earn commission at the same rate, and some affiliates may have a static rate that does not change as part of their agreement with BetterSex.) As soon as your sales in any month rise to the next commission rate threshold, your commissions will automatically increase to the new level.

As long as you maintain sales at that level, you will be paid at the higher rate. If you do not maintain sales at that level for a period of 60 days, then your rate will return to the level commensurate with your sales:

*Note: "Product Sales" is total monthly sales for products sold, and does not include shipping, insurance, or other charges, and does not include commissions for New Customer signups or New Webmaster recruitment. For more information, contact affiliate@BetterSex.com

ABOUT THE SINCLAIR INTIMACY INSTITUTE (BetterSex.com)

Sinclair is the leading source of sexual health products for adults who want to improve the quality of intimacy and sex in their relationships. Since 1991, Sinclair has developed an extensive library of videos and products covering everything from advanced sexual positions to erectile dysfunction solutions. The best selling Better Sex Video Series®, has sold more than four million videos in over 24 countries. Sinclair videos help individuals learn about sexuality in the privacy of their home. Working with a diverse team of professional sex educators and therapists, we create products that work by fostering communication and creativity between partners. Our videos address topics many people find difficult or embarrassing to discuss. Sinclair videos feature commentary by sexuality experts. Commentary and helpful suggestion are followed by explicit illustrations by typical couples who demonstrate key elements, skills and techniques in an honest, realistic and sensitive manner.

REQUIREMENTS FOR AFFILIATES

Sinclair Intimacy Institute is committed to offering the highest possible standards for sexual health and education materials, and that prevents minors from viewing inappropriate material. Therefore we require the following of any Affiliate site. If you do not conform to these requirements, you might be able to do so with simple changes.

1. You must have a notice of age requirements (18 or older) at the entrance to your site before any explicit sexual material, pictures or text. Any depiction of actual sexual conduct should be viewed only following a user passing through age verification. Prior to age verification, the viewing of pictures showing nude individuals is acceptable; however, there must be no sexual activity, self-touching of genitals, or detailed depictions of genitals or the pubic area displayed or described. This standard includes your own content as well as visuals in other banners and advertisements on your site.
   
2. The following types of subject matter are considered unacceptable and will not be permitted on an Affiliate site
   1. Incest
      
   2. Bestiality
      
   3. Depictions of underage participants (including participants who are dressed and depicted as underage, even though the participants are clearly adults)
      
   4. Non-consenting or coercive sex (including depictions of sex with individuals who are sleeping or under the influence of drugs or alcohol)
      
   5. Sex acts associated with pain or violence
      
   6. Bondage (where consent of participants is not clearly depicted)
      
   7. Urination and defecation
      
   8. Any website that "takes over" a user's web browser, installing software without the user's permission or not releasing the browser to the user's control (multiple popups) on exit from any page within the affiliate site. (If leaving your site causes a user to reboot their system to close the browser, your site will not be accepted.)
      
   9. WAREZ sites.
      
   10. We reserve the right to reject sites on Geocities/Yahoo, Angelfire, AOL/Compuserve, MSN, Tripod, or any other free web host, or any web host on which adult content is not in compliance with the host's terms and conditions.
       

   Note that should your site have some bondage pictures, we may find that acceptable if it is clear that the participants are willing. If you have very heavy bondage material, we will probably not be able to accept you. We will check and let you know.

3. If your site is members only, registration only or has other restricted areas where the BetterSex banner may be placed, you must provide a user name and password on the application form so these areas can be reviewed for acceptability. Your site must be live and online at the time of review. Because of the review standards above, we DO NOT accept sites that are offline or have not been built. 

TERMS OF AGREEMENT

1. Abbreviations
   

   This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the BetterSex Affiliate Program (the 'Program'). As used in this Agreement, 'SII' means Sinclair Intimacy Institute, a division of PHE, Inc., located at 302 Meadowlands Drive, Hillsborough, NC 27278, and 'Affiliate' means the applicant. 'Site' means a World Wide Web site. The SII Site means BetterSex Site located at the URL www.BetterSex.com. The 'Affiliate's Site' is a Site owned and operated by the Affiliate that will link to the SII Site.

2. Enrollment in the Program
   

   The Affiliate applies for enrollment in the Program by submitting the enrollment form found on the SII site. SII will evaluate the Affiliate's application and notify the Affiliate of the Affiliate's acceptance or rejection. SII may reject the Affiliate's application for any reason at its sole discretion.

3. Termination of Affiliate
   

   SII may at any time and for any reason, at its sole discretion, terminate an Affiliate's participation in the program. Such termination may be made by postal mail or email. Upon being notified of such termination, the former Affiliate must immediately remove any and all SII icons and links from the Affiliate's site to the SII site, and must cease making any claims of being an SII Affiliate.

4. Links on The Affiliate's Site
   

   Upon acceptance into the Program, the Affiliate may post an SII logo on the Affiliate's site and a link to the SII site.

5. Referral Fee Schedule
   

   The Affiliate will earn referral fees based on Qualifying Revenues according to referral fee schedules to be established by SII. 'Qualifying Revenues' are revenues derived by SII from SII's sales of Qualifying Products, excluding costs for shipping, handling, gift-wrapping, taxes, service charges, credit card processing fees, and bad debt. Products returned by customers for refunds shall not qualify for referral fees.

6. Qualifying for Referral Fees
   

   SII will track all purchases made from its site by customers who come directly from the Affiliate's site, or have come to the SII site, and have returned by and made a purchase. The Affiliate will receive referral fees from all such purchases as described below. SII reserves the right to reject any order from any customer for any reason, including, but not limited to the age or location of the customer. For a Product sale to be eligible to earn a referral fee, the customer must enter the SII site by way of a link from the Affiliate's site, select and purchase the Product using SII's automated ordering system, accept delivery of the Product at the shipping destination, and remit full payment to SII. Once a customer coming from the Affiliate's site has visited the SII site, whether or not they have made a purchase, the Affiliate shall qualify for referral fees from that customer, even if the customer comes to the SII site by a route other than the Affiliate's site.

7. Fees From Downline
   

   In addition to fees from customers coming directly from the Affiliate's Site, Affiliates will receive fees from customers coming from the Affiliate's DOWNLINE Sites. A downline Site is a Site that has signed up for the BetterSex Affiliate Program by coming to the sign up site directly from the Affiliate's Site.

8. Referral Fee Amounts
   

   The base referral fee is 20% for customers coming from the Affiliate's Site and 5% for all downline sites. SII reserves the right to change these fees upon notification by an alteration to this Agreement posted on the SII Site. SII reserves the right to compensate different Affiliates with different referral fees. The Affiliate understands that SII may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate web sites that are similar to or compete with the Affiliate's Site. SII does not pay referral fees on sales from the SII catalog or magazine advertisements.

9. Referral Fees Credited on Shipping
   

   Referral fees will be credited to the Affiliate's account only at the time the customer's credit card is charged, not at the time the purchase is made. SII charges the customers credit card at the time the product is shipped. While SII does everything possible to maintain adequate stock, out-of-stock items can sometimes delay shipping.

10. Referral Fees For Registration
    

    AM will pay the Affiliate a referral fee of $1.00 for each unique visitor to the SII Site referred from the Affiliate Site who registers as an SII member, if the visitor makes a merchandise purchase from the SII Site within 30 days of registration (but BetterSex does not pay for new registrations of previously registered customers). SII will also pay the Affiliate $5 for each new webmaster approved for the Affiliate Program, referred through the Affiliate's link (this is IN ADDITION TO the DOWNLINE commissions referred to above.)

11. Referral Fee Payment
    

    SII will pay the Affiliate referral fees on a monthly basis. Approximately 30 days following the end of each calendar month, SII will send the Affiliate a check for the referral fees earned on SII's sales of qualifying products that were shipped during that month, less any taxes that SII are required by law to withhold. However, if the referral fees payable to the Affiliate for any calendar month are less than $25, SII will hold those referral fees until the total amount due is at least $25 or (if earlier) until this Agreement is terminated. If the customer returns a product that generated a referral fee, SII will deduct the corresponding referral fee from the Affiliate's next monthly payment. If there is no subsequent payment, SII will send the Affiliate a bill for the referral fee.

12. Identifying The Affiliate as an SII Affiliate
    

    SII will make available to the Affiliate one or more icons bearing the SII logo that will enable customers to 'click' and go the SII Site. These icons may be changed by SII from time to time at SII's sole discretion. Because the Affiliate posts a URL to the icon, which resides on a server maintained by SII, SII will be able to change icons at any time without any actions on the part of the Affiliate. SII reserves all of its intellectual rights to its logo and any other graphic images or text that appears on its icons or the Bettersex.com or BetterSexAffiliates.com website.

13. Term of the Agreement
    

    The term of this Agreement will begin upon SII's acceptance of the Affiliate's Program application and will end when terminated by either party. Either the Affiliate or SII may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination by postal mail or email. Upon the termination of this Agreement for any reason, the Affiliate will immediately cease use of, and remove from the Affiliate's Site, all links to SII's Site, and all SII trademarks, logos, and all other materials provided by or on behalf of SII to the Affiliate pursuant hereto or in connection with the Program. The Affiliate is only eligible to earn referral fees on SII's sales of qualifying products occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. SII may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. Notwithstanding anything to the contrary in this Agreement, Affiliate will forfeit any earned but unpaid commissions at the time of termination if termination of the Affiliate from the Program is with cause

14. Modification of the Agreement
    

    SII may modify any of the terms and conditions contained in this Agreement, at any time and in SII's sole discretion, by posting a change notice or a new agreement on SII's site. Modifications may include, but not be limited to, changes in the referral fees, referral fee payment schedules, payment procedures, and Program rules. If any modification is unacceptable to the Affiliate, the Affiliate's only recourse is to terminate this agreement. The Affiliate's continued participation in the program following SII's posting of a change notice or new agreement on SII's site will constitute binding acceptance of the change.

15. Relationship of Parties
    

    The Affiliate and SII are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Affiliate will have no authority to make or accept any offers or representations on SII's behalf. The Affiliate will not make any statement, whether on the Affiliate's site or otherwise, that reasonably would contradict anything in this paragraph or in this agreement as a whole.

16. Fulfillment and Customer Service
    

    SII is responsible for receiving, processing and shipping of all orders, resolving all customer service problems including shipping, authorization of credit cards, customer questions and returns. SII is not responsible for delays in shipment: including without limitation delays caused by product availability, failure to authorize customer credit cards, or incomplete information given by the customer. While SII is infrequently out of stock due to carrying large inventories, SII cannot guarantee product availability for shipment or sale.

17. Sales Performance
    

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

18. Email Promotions and Spamming
    

    Affiliates may not send any email messages to customers or prospective customers (including any 'spamming') that mention the SII name, that utilize or display SII trademarks, or that feature any SII product, promotion or content. Affiliate may send promotional email messages that promote the Affiliate Site (without mentioning SII) to its existing customers, but may not send any unsolicited emails (i.e., no spamming) and may not utilize any third party mailing lists. Affiliate shall comply with all federal and state laws relating to email. Affiliate shall ensure that its promotional email messages contain (i) the words "THIS EMAIL IS AN ADVERTISEMENT", clearly in the body of the email; (ii) clear notice that the recipient may unsubscribe from future email from the Affiliate; (iii) a functioning return email address that remains valid throughout the term of the Affiliate agreement; and (iv) clear notice of the Affiliates' physical postal address. Commercial email messages sent by Affiliates must not contain any sexually explicit images or text. If the message links to a web page that includes sexually explicit images or text, the subject line of the email must begin with the words "SEXUALLY-EXPLICIT", the body of the email must also include the words "SEXUALLY-EXPLICIT", and the link to the Affiliate's web page must be accompanied by a warning that the viewer should not click on the link if he or she wants to avoid viewing sexually explicit images or text. Any violation of this Section 18 may result in immediate termination from the Affiliate Program and forfeiture of any earned commissions not yet paid.

19. Search Engine Placement and Search Terms Advertising
    
    Affiliate may not place search engine advertisements (pay per click, paid advertising, etc.) using the BetterSex trademark or brand name (BetterSex, BetterSex.com) without express permission of BetterSex. For more information, contact affiliate@bettersex.com

20. Limitation of Liability 
    

    SII 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 SII has been advised of the possibility of such damages. Further, SII's aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to the Affiliate under this Agreement.

21. Disclaimers
    

    SII 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). SII does not promise, guarantee, represent or warrant that access to the SII site will be error-free, accessible and uninterrupted at any particular time or that SII will always be able to process orders or information properly or timely. SII makes no other promises, guarantees, representations or warranties in connection with its operation of the SII site or its fulfillment or customer service functions or its products.

22. Independent Investigation
    

    The Affiliate acknowledges that the Affiliate has read this agreement and agrees to all its terms and conditions. The 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.

23. Non Assignment
    

    The Affiliate may not assign this Agreement, by operation of law or otherwise, without AM's prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.

24. Non Waiver of AM's Rights
    

    SII's failure to enforce the Affiliate's strict performance of any provision of this Agreement will not constitute a waiver of SII's right to subsequently enforce such provision or any other provision of this Agreement.

25. Paragraph Headings
    

    Paragraph headings contained herein are for the convenience of the parties only. They shall not be used in any way to govern, limit, modify, or construe this Agreement and shall not be given any legal effect.

26. Governing Law
    

    This Agreement will be governed by the laws of the United States and the state of North Carolina, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in North Carolina and the Affiliate irrevocably consents to the jurisdiction of such courts.

    
    
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