Select Option
Last Modified: March 31, 2025
1. Introduction
These Terms and Conditions (hereinafter the “Terms”) are entered into by you (hereinafter referred to as “you”, “yours” etc.) and Aylo Billing Limited (hereinafter “Aylo”, “we”, “us”, “our”, “ours” etc.), and concern the website https://www.adultforce.com (hereinafter the “Website”, “AF”, “Site”) and its functionalities and features, as these may be from time to time, particularly in connection to your use of and/or participation in the Adultforce affiliate advertising program with all its responsibilities and benefits as described hereinbelow (the “Affiliate Program” or “Affiliate Referral Program”).
By participating as an Affiliate (defined below), to any extent, in the Affiliate Program, you hereby warrant that you have read, understood, and agreed to be bound by these Terms, in their entirety, as they may be from time to time and that, unless you do so, you may not become an Affiliate or otherwise participate i the Affiliate Program.
These Terms are provided in English. If these Terms are translated into any language other than English, it will be for information purposes only, and the English language version will prevail in the event of any conflict between the same and any translation of such.
We will do our best to notify you of any changes made to the Terms that may impact your continued use of the Affiliate Program, but you are responsible for familiarizing yourself with these Terms as they may be from time to time. If any change is unacceptable to you, your only recourse is to terminate your use of AF. Your continued participation in the Affiliate Program, following the posting of any change to the Terms shall constitute binding acceptance of the same and shall further constitute confirmation of your acknowledgement and assent to any such modifications.
In order to participate, in any capacity, as an Affiliate in the Affiliate Program, Affiliate must be at least eighteen (18) years of age and/or over the age of majority if residing and/or conducting business in states, provinces or countries where the age of majority is greater than eighteen (18) years of age (such minimal age requirement is collectively referred to herein, as applicable, as the “Age of Majority”). The Affiliate may not participate in the Affiliate Program in any capacity if not of at least the Age of Majority. If Affiliate is a corporation or any other legal entity, all of its shareholders, partners, officers and directors must be at least the Age of Majority. If at any time, we discover that an Affiliate or any of its shareholders, partners, officers or directors are under the Age of Majority, the Affiliate's account shall be terminated and all monies due will be forfeited as partial damages for violation(s) of these Terms.
2. Definitions
“Affiliate” shall refer to any person on the Site that elects to become part of the Affiliate Program by registering for and/or utilizing the same to any extent.
“Aylo Website” shall mean a website which offers Content to Users (defined below) and under the control and/or ownership of Aylo, or an Aylo-affiliated entity.
“Content” shall refer to any audiovisual materials and/or works and/or interaction including, but not limited to, text, information, data, images, drawings, or video, in any medium or form.
“Lead” shall mean a User (defined below) that has been referred to an Aylo Website by an Affiliate that registers on said Aylo Website but has yet to affect a successful transaction thereon.
“Party” shall mean either you or Aylo, and “Parties” shall mean collectively you and Aylo.
“User” shall refer to the end-users of Aylo Websites.
“URL” shall refer to the Uniform Resource Locator.
3. Information on the Affiliate Program
The Affiliate Program provides each Affiliate with the ability to earn money for each new subscription purchase made by a new User if such User makes a purchase immediately after clicking on an advertisement placed by the applicable Affiliate and such advertisement contains the Affiliate's unique code with AF, often called an “Affiliate Code”. Each such sale, which also complies with all other terms of these Terms, is referred to herein as a “Valid Subscription”. Only subscriptions that do not result in a refund or reversal in the first twenty-four (24) hours of membership, and do not otherwise violate any of these Terms, shall be considered a Valid Subscription.
As regards any Affiliate Website which concerns an Aylo Website which features gaming-related Content (such as Nutaku.com), the Affiliate Program will only pay an Affiliate a specified amount per Lead, as disclosed on the Affiliate Program website from time to time, once a referral registers to play a game on the gaming Affiliate Website. Should such referral begin making in-game purchases, Affiliate will then be entitled to a revenue share, the percentage of which shall be disclosed on the Affiliate Program website from time to time.
You must be the owner of the Affiliate Website, or the individual vested with the authority to enter into contracts on behalf of the entity that owns the rights to the Affiliate Website in order to sign up as Affiliate under the Affiliate Program.
All payments made as part of the Affiliate Referral Program are done so in U.S. dollars (USD), with the exception of payments concerning the Aylo Website(s) found at https://www.MyDirtyHobby.com and https://www.MyDirtyHobby.de (hereinafter together “MDH”). Payments on MDH are made in Euros (EUR), and all applicable taxes will be deducted from payouts.
4. Rules for Affiliates
Affiliate shall be solely responsible for the proper operation, development, and general maintenance of its Affiliate Website(s).
Affiliates may only receive payments due for their participation in the Affiliate Program if they are Active.
For clarification an Active Affiliate is an Affiliate that:
has earned a minimum of seventy-five USD ($75.00) of income/payouts under the Affiliate Program; and
has made at least one (1) new, successful referral in one (1) year i.e., within the last three hundred and sixty-five (365) days.
The above shall collectively henceforth be referred to as the “Activity” criteria.
Affiliates that do not fulfil the Activity criteria listed hereinabove, as such may be from time to time, forfeit in their entirety any payments that would otherwise be due to them for their participation in the Affiliate Program for that particular website for which they have not fulfilled the Activity criteria.
Subject to such feature’s availability, a referring Affiliate will be credited one hundred USD ($100.00) for a valid affiliate referral once the referred affiliate reaches seventy-five USD ($75.00) of income/payouts under Affiliate Program. Family members and employees are not eligible as referrals and any attempt to refer ineligible individuals to the program will result in immediate account termination.
You may not use any illicit, infringing, or otherwise unwanted content to promote any product or website connected to Adultforce in any way (collectively, the “Adultforce Websites”, and individually an “Adultforce Website”) nor may you allow advertising for Adultforce or an Adultforce Website to be placed on any websites which condone any illicit, infringing, or otherwise unwanted activity. For clarification, infringing, illegal, or unwanted activity includes, but is not limited to, any content and/or activity which may run afoul of any law, rule, or regulation in the United States of America and/or the location where you are located such as, without limitation and by way of example only, child sexual abuse material, non-consensual content, incest, bestiality, necrophilia, drugging/incapacitation, blood/mutilation, death, or snuff. Adultforce may scan any websites submitted under the Affiliate Program to ensure that there is no non-compliant content.
If we believe, in our sole and final discretion, that you are promoting any Adultforce Websites in violation of these Terms, your Affiliate account will be immediately terminated and all moneys which would have otherwise been payable to you hereunder will be deemed surrendered by you in partial payment of the damages for your breach. Such termination and/or withholding of payment is without prejudice to any additional measures we may take against your Affiliate account for infringing behavior such as, but not limited to, temporary suspension of the same, or ordering you to remove the objectionable content.
We may, in our sole discretion, conduct a domain registration investigation in connection to each new Affiliate registration application. In cases where the domain registration is hidden or cannot otherwise be confirmed, the Affiliate applicant will be classified as non-compliant until proof of ownership is provided.
Affiliates whose Affiliate Website URLs are not functional, whose traffic immediately redirects to another URL or who do not have Content featured on their Affiliate Website may be considered to be in violation of these Terms.
Once your Affiliate account is approved and active, the URLs submitted are subject to review and any such review, if undertaken, may result in closure of your account and forfeiture of moneys otherwise due to you if the review reveals that you have violated any clause or section of these Terms. Furthermore, any additional URLs that you intend to choose to direct traffic from must be communicated to your Affiliate Manager prior to completion of the same. Failure to do so may result in the suspension and/or termination of your Affiliate account. The Affiliate Manager will be a member of Aylo staff or other, designated and authorized individual.
The acquisition of any domain name(s) or URL's that incorporate or are similar in such a way so as to create a false association to any of the trademarks, service marks, or URLs owned by us or any of our affiliated entities, including, but not limited to, words or URLs such as “Brazzers”, “Mofos”, “Nutaku”, and “Twisty's” or any other related trademarks, service marks, or URLs associated with the Website or any website owned and/or operated by an affiliate entity, is expressly prohibited. In the event that you do not comply with this notice, we shall be entitled to reduce or cease the payout or payment amount otherwise due to Affiliate accordingly.
5. Payment Preferences
An Affiliate may opt to be paid either through the Pay Per-Sign Up Program or the Revenue Sharing Program, each of which are described further below.
Pay Per-Signup Program: We shall pay each Affiliate a pre-determined amount per Valid Subscription, as such is defined in Section 3. The precise amount payable per Valid Subscription shall vary depending on the Aylo Website to which a Valid Subscription is referred, and which shall be disclosed from time to time on AF and is subject to change from time to time.
Revenue Sharing Program: We shall pay each Affiliate a pre-determined revenue share percentage for all Valid Subscriptions and rebills that the Affiliate's traffic generates through the Affiliate Program. The precise revenue sharing percentage payable under this option shall vary depending on the Aylo Website to which a Valid Subscription is referred, and which shall be disclosed from time to time on AF and is subject to change from time to time.
Pay Per Lead Program: In addition to either of the abovementioned revenue generating methods, we will pay Affiliates a specified amount for a Lead as disclosed on the Aylo Website. The precise payout for each Lead under the pay per lead Program shall be disclosed on AF. We reserve the right to either increase or decrease the amount payable to an Affiliate for Leads depending on the quality of such Leads. All such adjustments shall be communicated electronically to an Affiliate.
Should an Affiliate opt to participate in the Pay Per-Signup Program, any and all Valid Subscriptions paid by way of a payment method that does not support ongoing recurring billing, including but not limited to prepaid cards and gift cards, shall nevertheless be subject to the Revenue Sharing Program.
Affiliate acknowledges and agrees that the Affiliate Referral Program and its payout options and structures as outlined in the provisions of these Terms are included therein for reference only and that such provisions may differ pursuant to a separate agreement or other understanding between the Parties.
Affiliate acknowledges and agrees that it shall not be entitled to commission or a referral fee for any and all referrals, which are in breach/violation of these Terms or do not otherwise fulfil the validity criteria set hereinto. Affiliate also acknowledges and agrees that it shall not be entitled to a commission or referral fee for any subscription which we, in our sole but reasonable discretion determine is the result of possible fraudulent activity. More specifically, Affiliate acknowledges and agrees that bidding on or purchasing any online paid advertising schemes or acquiring any domain names or URL's that are in infringement of the provisions of section 4.9 of the Terms. By way of example, such prohibited advertising schemes include pay-per-click models, sponsored links, search engine keywords, AdWords, or similar advertising schemes. In the event that Affiliate does not comply with this Section 5.4, Adultforce shall be entitled to reduce or entirely cease the payout or payment amount that would otherwise be due to Affiliate accordingly. In addition, family members and employees of the Affiliate are not eligible as sign ups through the Affiliate Program and any attempt to refer ineligible individuals to the Affiliate Program will result in immediate Affiliate account termination.
You understand and agree that the ability to offer certain promotions and participation in the Pay Per-Sign Up Program may be contingent upon minimum and maximum thresholds which may be determined by us, in our sole discretion, taking into consideration multiple factors including, without limitation, trial to paid membership ratios, conversion ratios, chargeback numbers, and traffic volume. We reserve the right to modify any such special pricing at any time and/or to eliminate such special pricing (either as a whole or on an Affiliate-by-Affiliate basis), change you from the Pay Per-Sign Up Program to the then current Revenue Sharing Program and/or to terminate you at any time. In such cases, we may notify you either by email or through posting changes in your Affiliate account.
We reserve the right to determine the manner in which payments shall be processed. Each calendar month shall be divided into two so-called Pay Periods, one from the 1st of each calendar month to the 15th of the same and another from the 16th of each calendar month to the last day of the same. Generally, payments shall be made 15 days after the end of each Pay Period.
Adultforce reminds you that it is solely your duty and obligation as Affiliate to fulfill all tax obligations with regard to your activities with us, for example registration, declaration and payment obligations related to income taxes and VAT. If Aylo or an Aylo-affiliate entity assists you with these obligations, it does not release you from your obligations. It is your duty to inform us in a timely manner of changes to your personal data such as an address change or a new electronic mail (e-mail) address.
6. Self-Billing
Where the Affiliate is a taxable person for VAT purposes, the Affiliate hereby authorizes Aylo to issue invoices in the name and on behalf of the Affiliate (hereinafter referred to as self-billing). Any Affiliate who is a taxable person hereby confirms that they will not issue any VAT invoices for transactions under these Terms and shall accept any such invoices issued on their behalf by Aylo. In case of de-registration from VAT or in case of any changes of the Affiliate’s status as a taxable person, the Affiliate shall be obliged to notify Aylo immediately and without undue delay. This self-billing section shall be effective for a period not exceeding twelve (12) months. Upon the expiration of the period of this self-billing section, this self-billing section shall be automatically renewed for succeeding periods of 12 months each unless either party gives the other party a written notice at least 30 days prior to the expiration of any period of its intent not to renew this self-billing section.
If the Affiliate states to Aylo that a third party is the beneficial owner of any amounts payable to the Affiliate under the Affiliate Program, then the Affiliate hereby accepts and confirms that it is acting merely as the agent and/or representative of such third party and that any consent provided to Aylo, including the acceptance of the Terms, is being done so by the Affiliate for and on behalf of such third party. If the Affiliate has stated a third party as the beneficial owner of any amounts payable to the Affiliate under the Affiliate Program, the Affiliate must provide documentation to Aylo evidencing such contractual relationship between the Affiliate and such third party, as well as specifying which of the rights and obligations of the Affiliate under these Terms shall remain with the Affiliate and which of the rights and obligations of the Affiliate under these Terms shall belong to such third party.
An Affiliate is not authorized to and shall not change, modify or in any way edit any Aylo Website names, images, file names, trademarks, design logos, watermarks, banners, ads, descriptive logos, or any other material for any purpose other than as expressly set forth herein or in any modification to these Terms. Moreover, an Affiliate shall not remove, edit, modify, alter, or change an Aylo Website’s watermark in any way, nor shall they insert publicity of any kind within the videos/scenes (during, before or after). The Affiliate acknowledges and understands that any breach of these provisions shall entitle Aylo to immediately take any action Aylo deems appropriate including, but not limited to, the revocation of an Affiliate’s status under the Affiliate Program, without notice, as well as the forfeiture to Aylo of all monies due as partial damages for violation(s) of these Terms.
All video Content belonging to an Aylo Website posted/uploaded/published onto Affiliate Website(s) by the Affiliate as part of the Affiliate Program shall not run longer than three (3) minutes in duration.
In addition, when posting, uploading, or otherwise publishing a video Content, the Affiliate agrees not to post more than one part of any such Content, where one ‘part’ is defined as no longer than three (3) minutes in duration. Any Affiliate that posts/uploads/publishes video Content longer than one part in duration of the same piece of Content, is in breach of these Terms and acknowledges and understands that Aylo may take any action it deems appropriate including, but not limited to, the revocation of Affiliate’s status under the Affiliate Program, without notice, as well as the forfeiture to Aylo of all monies due as partial damages for violation(s) of these Terms.
7. Forbidden Use
Aylo abides by a ZERO TOLERANCE policy relating to “spamming”. No spamming of any kind or in any form whatsoever is permitted to or in connection with AF, the Aylo Websites, or the Affiliate Webites. We do not allow Affiliates to market websites under the Affiliate Program through the transmission of unsolicited, bulk e-mails and it is, therefore, extremely important that any mass e-mail sent out by you conform to our policies. The policy prohibiting spamming is intended to ensure compliance with the US Federal Law, CANSPAM Act of 2003.
Aylo abides by a ZERO TOLERANCE policy relating to “spamming”. No spamming of any kind or in any form whatsoever is permitted to or in connection with AF, the Aylo Websites, or the Affiliate Websites. Aylo does not allow Affiliates to market websites under the Affiliate Program through the transmission of unsolicited, bulk e-mails and it is therefore extremely important that any mass e-mail sent out by you conform to our policies. The policy prohibiting spamming is intended to ensure compliance with the US Federal Law, CANSPAM Act of 2003.
Affiliate acknowledges and agrees that its Affiliate Website(s) shall be in full compliance with 18 U.S. Code § 2257, also known as the “Records Keeping and Labeling Act”. Affiliate further acknowledges that it has a legal obligation to comply with disclosure provisions of the Records Keeping and Labeling Act and shall identify a custodian of records and address for each and every image appearing on the Affiliate's Website(s) and/or comply with all future amendments of the Act, as these may be from time to time. Affiliate warrants that all Content on its Affiliate Website(s) shall be compliant with the Records Keeping and Labeling Act, and that all persons featuring in Content displayed on such Affiliate Website(s) were at least eighteen (18) years of age when the Content was created.
The Affiliate shall not use any Content taken from Aylo Websites to promote any websites other than Aylo Websites.
Aylo abides by a ZERO TOLERANCE policy relating to any illegal content. Child sexual abuse material (including any images sexualizing minors although they may not be unclothed), bestiality, rape, torture, incest, necrophilia, drugging/incapacitation, snuff, death and/or any other type of obscene and/or illegal material (collectively the “Illegal Content”) shall not be tolerated for any Affiliate and/or Affiliate Website. Should Affiliate send individuals or cause individuals to be sent from any website, regardless of whether or not such website is owned or controlled by Affiliate, Content which contains any Illegal Content, Affiliate's account shall be terminated without notice and all monies otherwise due to Affiliate will be forfeited as partial damages for violating these Terms. Further, Aylo reserves the right to report such conduct to any and all law enforcement authorities it deems, in its sole opinion, to be appropriate.
Aylo does not accept traffic from any website that contains Content which constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc. If you send individuals or cause individuals to be sent Content from any website which constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights, Aylo may take any action Aylo deems appropriate including, but not limited to, the revocation of your status as Affiliate without notice as well as the forfeiture to Aylo of all monies due as partial damages for violation(s) of these Terms.
Aylo shall not tolerate any form of deceptive, unfair and/or false advertising by an Affiliate and all such practices are prohibited.
Aylo shall not tolerate any spyware or adware and shall not accept referrals obtained through spyware or adware and any other software which sends data back to an individual without his/her knowledge and/or consent.
Aylo reserves the right to terminate an Affiliate that has an unusually high number of chargebacks and/or refunds as determined in the sole and unfettered discretion of Aylo. Any monies, which are otherwise due to any Affiliate whose account has been terminated for this reason, will be forfeited as partial damages under these Terms.
Affiliate acknowledges and agrees that Aylo shall have the right to revoke the Affiliate’s status without notice and terminate the Affiliate’s account on AF and retain all monies otherwise due to the Affiliate as partial damages for violation(s) of these Terms.
Affiliates whose accounts have been terminated by Aylo due to a violation of these Terms cannot re-apply to the Affiliate Program without the prior written consent of Aylo. In accordance with such restriction, the Terms will be binding on and enforceable against any and all Affiliates and their respective successors and assigns.
8. General Provisions
Failure by Aylo to enforce strict performance of any provision in these Terms will not constitute a waiver of its right to subsequently enforce such provision or any other provision of these Terms
Affiliate acknowledges and agrees that Adultforce shall have the right, in its sole and exclusive discretion, at any time during these Terms, to expand or modify what it determines to constitute possible fraudulent activity under these Terms. Without limiting the generality of the foregoing, possible fraudulent activity shall include, without limitation, the following circumstances or activities:
Where there has been an attempt to process a credit card with a bin number that is listed in a negative bin number database; and
Where there have been sequential or multiple attempts to register or subscribe from a credit card using the same bin number and sequential or multiple number strings to complete the credit card number.
Traffic sources must be transparent and readily explainable to Aylo agents upon request. Referring URLs may not be cloaked, hidden, spoofed, or otherwise obscured (including but not limited to the use of a redirecting page) such as that Aylo cannot reasonably determine the site from which a customer has been directed to join.
All Adultforce program benefit materials, including but not limited to all advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property provided to the Affiliate by Aylo as part of the Referral Program shall remain the exclusive property of Aylo or any of its affiliated entities and may not be copied, reproduced, altered, modified, changed, broadcast, distributed, transmitted, disseminated, sold or offered for sale in any manner except as expressly authorized in writing by Aylo. Affiliate acknowledges and agrees that nothing in these Terms shall grant Affiliate any right of ownership whatsoever in any intellectual property of Aylo or of any of its affiliated entities that own an Aylo Website, or the Content found thereon. Affiliate agrees that it will not take any action or act in any manner that shall ruin or otherwise impair the value and the goodwill associated with the Aylo or AF brand and its property or any brand or property of an affiliated entity owning and/or operating an Aylo Website, or the Content found thereon. Affiliate agrees not to use Aylo’s brand or AF proprietary marks in a manner that diminishes their value or portrays its associated products in a negative manner.
Should any law enforcement agency, internet service provider or other individual or entity provide us with notice that an Affiliate has engaged in the transmission of unsolicited e-mails or has otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate with such authority in any investigation relating to your activities, including the disclosure of your account information in connection therewith.
“Confidential Information” shall be defined as any information, oral or written, treated as confidential that relates to either party's (or, if either Party is bound to protect the confidentially of any other persons information, such other persons) past, present or future research, development or business activities, including any unannounced product(s) and service(s) and including any information relating to services, trade secrets, intellectual property, developments, designs, inventions, processes, plans, financial information, customer and supplier lists, forecasts, and projections. Confidential information shall also include these Terms, any date, idea, technology, know-how, inventions, algorithms, process, technique, program, computer software, computer code, and related documentation, work-in- progress, future development, engineering, distribution, manufacturing, marketing, business, technical, financial or personal matter relating to any actor or actress present or future products, sales, customers, employees, opportunities, markets or business in graphic text or electronic or any other form, that is treated as confidential by either party. The Affiliate agrees that it shall not disclose any Confidential Information to any third party and shall not use Confidential information for any purpose other than performance of the rights and obligations under these Terms. Affiliate shall also take all and any reasonable precautions to prevent any unauthorized disclosure of Confidential Information
We reserve the right to terminate all or part of this Affiliate Program at any time.
We shall not be liable for any losses due to server downtime, net congestions, and any and all similar and like occurrences or difficulties.
The Parties shall not be liable or be considered in breach or default under these Terms on account of delay or failure to performs required by these Terms as a result of any causes or conditions that are beyond a Party's reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence, including but not limited to acts of God; wars, riots, acts of civil or military authority, terrorism, fire, flood, epidemics or pandemics, earthquakes, hurricanes, tropical storms or other natural disasters; strikes, etc.
Nothing in these Terms shall be construed so as to create a relationship of partners, any partnership, joint venture, agency franchise, sales representative, or employment relationship between the Parties. Affiliate will have no authority to make or accept any offers or representations on behalf of Aylo. Affiliate will not make any statement, whether on their Affiliate Website or otherwise, that would reasonably contradict anything in these Terms. Affiliate is not an agent of Aylo and Aylo expressly disclaims responsibility for any conduct by Affiliate in violation of this section or other Terms.
Aylo will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with these Terms or any of the Affiliate Program, even if Aylo might have been advised of the possibility of such damages. Furthermore, Aylo’s aggregate liability arising with respect to these Terms and the Affiliate Program will not exceed the total commissions paid or payable to the Affiliate under these Terms.
Affiliate hereby represents and warrants to Aylo that these Terms have been duly and validly executed and delivered by the Affiliate and constitutes said Affiliate's legal, valid and binding obligation, enforceable against Affiliate in accordance with their provisions; and that the execution, delivery and performance by the Affiliate of these Terms are within Affiliate’s legal capacity and power. Further, Affiliate warrants that their entering into these Terms does not violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment, or decree to which Affiliate is or may be subject to, or (ii) the terms of any other agreement, document, or instrument applicable to or binding upon Affiliate
The Affiliate may not assign these Terms including the rights and obligations to any third party without the prior express written approval of Adultforce.
If any term, clause or provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms.
Affiliate hereby agrees to indemnify, defend and hold harmless Aylo, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by Aylo (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that the use of Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by the Affiliate herein; or (iii) or any other claim related to Affiliate’s Website(s).
These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms of Service shall be in an appropriate court located in Limassol, Cyprus. You hereby submit to the jurisdiction and venue of said courts. You consent to service of process in any legal proceeding.
These Terms shall be binding. The failure by Aylo to enforce the strict performance of part or all of these Terms shall not be deemed a waiver of the right of Aylo to subsequently strictly enforce any provision of these Terms. These Terms constitute the entire agreement between the Affiliate andAylo. If for any reason a court of competent jurisdiction finds that any provision of these Terms, or portion thereof, to be unenforceable, in whole or in part, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and the remainder of these Terms shall continue in full force and effect.