Terms of Service & Conditions
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the BV Mobile Apps/BlackVibes.com, Inc. Referral Program (the "Program"). As used in this Agreement, "we", "us", or "our" means BV Mobile Apps/BlackVibes.com, Inc. or any of our affiliate companies, as the case may be, and "you" means the applicant. "BV Mobile Apps site" means the site that has its primary home page identified by the URL www.BVMobileApps.com, and "site" means a World Wide Web site. "Your site" means any site that you will link to the BV Mobile Apps Site (and which you will identify in your Program application).
  1. Enrollment in the Program
    To begin the enrollment process, you will submit a complete Program application via the BVMobileApps.com/BlackVibes.com Site. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your brand/site is unsuitable for the Program. Unsuitable sites include those that:
    • promote sexually explicit materials
    • promote violence
    • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
    • promote illegal activities
    • include “bv mobile apps”, "blackvibes," any other trademark of BV Mobile Apps/BlackVibes.com or its affiliates, or variations or misspellings of any of them, in their URLs to the left of the top-level domain name (e.g., ".com", ".net", ".uk", etc.) -- for example, a URL such as "blackvibes.mydomain.com", "blackvibes.com" or "blackvibesmusic.net" would be unsuitable
    • otherwise violate intellectual property rights.
    By participating in the Referral Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and you and/or your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.


  2. Referral Processing
    We will process your referrals by new clients who indicate you as the Referrer upon registering for a new mobile app. We reserve the right to reject clients that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of referral processing and fulfillment. Among other things, we will prepare process payments, cancellations, and returns, and handle client service. We will track new clients by using a drop down box and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion.


  3. Referral Fee Schedule
    For Qualifying Services sold during the initial registration of a new client you’ve referred, you will earn (subject to the other terms of this Agreement) a referral fee.


  4. Referral Fee Payment
    We will pay you referral fees at end of the month in which your referral has reached 60 days as a new Standard or Premium client. For example, if your referral becomes a Standard or Premium client on April 15th, you’ll receive your referral commission on June 30th (60 days would be June 15th). IMPORTANT: The 60 day count doesn’t begin until your referral signs up for a Standard or Premium app. Registering for the app but not completing the process or signing up for a free app will not result in commission compensation for you.


  5. Policies and Pricing
    Clients who buy services through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and service sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for services sold under this Program in accordance with our own pricing policies. Service prices and availability may vary from time to time. You may not include price information in your Service descriptions.


  6. Identifying Yourself as an Affiliate
    You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).


  7. Term of the Agreement
    The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site (if applicable), all links to the BVMobileApps.com/BlackVibes.com Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on sales of Qualifying Services that occur 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. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.


  8. Modification
    We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the BVMobileApps.com/BlackVibes.com Site. Modifications may include, for example, changes in the scope of available commission fees, commission fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE BVMOBILEAPPS.COM/BLACKVIBES.COM SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.


  9. Relationship of Parties
    You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.


  10. Limitation of Liability
    We 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 we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.


  11. Disclaimers
    We make 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, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the BVMobileApps.com/BlackVibes.com Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.


  12. Independent Investigation
    YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE 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 YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.


  13. Arbitration
    Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Atlanta, Georgia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Georgia (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.


  14. Miscellaneous
    This Agreement will be governed by the laws of the United States and the state of Georgia, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.