Any order placed on www.finelovedolls.com implies acceptance of the following terms and conditions:
You can purchase our sex dolls and/or accessories via our website at: www.finelovedolls.com. Your order is taken into account and processed upon reception of your payment.
Several payment methods are accepted including debit/credit cards, bank transfers or cryptocurrencies. You can also get payment financing plans from Sezzle (25% now, the rest within 6 weeks without interests).
For more information about accepted payment methods, please visit this page.
STORE PRICES
The prices on our store are valid at the time of consultation by the customer. Prices charged are those in effect at time of order. They are expressed in U.S Dollars (USD), including any customs taxes payable via this procedure.* Prices of our database are guaranteed except entry errors.
*Is your destination eligible? Check this page.
MARKET RATE, EXCHANGE RATE & STORE BASE PRICE
Prices on our store are converted in other currencies in real time via an API. We pull data directly from openexchangerates.org which is based on market free exchange rates. Banks and other financial institutions usually use a preferential exchange rate, that is slightly higher than the market rate.
If you are making a purchase in a currency different than U.S Dollars (USD), the exchange rate applied by payment processors at the moment of your purchase might vary from our exchange rate.
For example, if you were to travel to Europe with your US-based credit card, you would purchase something in Euros (the shop base currency) and your bank would charge you the conversion and any international fees they apply. The same process applies to Fine Love Dolls: The exchange rate and fees are not charged by us; they are charged by your bank that sets the exchange rate and associated fees.
VAT, TAXES & OPTIMIZATION
All prices are calculated including tax, VAT & duties*. If additional taxes apply to your destination, our carrier (FedEx, UPS or DHL) will contact you in order to fulfill potential additional import fees and customs fees.
*Is your destination eligible? Check this page.
UNITED KINGDOM, NORWAY, CANADA & SWITZERLAND CUSTOMERS
For customers located in U.L, Norway, Canada or Switzerland, an additional duty tax might be asked (7-10%) in some exceptional cases, and regardless whether we ship your order duty paid or not. Although we can reduce the risk through optimized logistic roads, we cannot prevent it to happen. We can however, legally reduce drastically the fees associated to it when it does, to under a $100.
If a package is liable for additional tax & duties, typically the carrier contacts you per email prior to delivering your package, and will ask you for an invoice. Shall that be the case, DO NOT give the invoice you have received alongside your order and contact us as soon as possible. We will provide you with a lower value invoice (taxes & duties being calculated as a percentage based on the order value – The lower the invoice the lower the taxes and duties).
PAYMENTS IN MULTIPLE SETTLEMENTS
Reminder: Payment in several times is possible for U.S residents, thanks to PayPal Credit. For buyers located outside of U.S, each order must be duly paid in its entirety prior to shipment. These dolls being custom made, we work on a “just-in-time manufacturing policy” and thank you for your trust and understanding!
You can either proceed with your purchase:
1) By credit or Debit card via Stripe ®
2) By AliPay ® using your Chinese credit card
3) With Amazon Pay ®
4) With Apple Pay ® on your iOS/OSX device
5) With Bitcoin or other cryptocurrencies
6) By bank transfer for all countries (your order will only be processed at reception of your payment)
For more information about our accepted payment methods, visit this page.
If you choose to purchase your product by debit or credit card, you will be prompted to enter your payment information on the secure payment service Stripe.
Fine Love Dolls uses 2 payment gateway platforms as per below:
- STRIPE: The biggest payment gateway worldwide, powering most online stores
- SEZZLE: Payment financing plans provider (AU, BL, CA, DE, HK, NL, NZ, UK, USA)
You can always check the validity of the SSL certificate used by controlling the start of the URL of the payment page (should begin with “https: //”) and double-clicking the “padlock” symbol that appears at the bottom of your browser window.
Payments by credit card might require additional identity confirmation prior to acceptance of the payment by our order processing service.
This confirmation procedure aims to fight against identity theft and misappropriation of payment. The transmitted information is intended for internal use and remain completely confidential.
If your credit card payment is declined it is most of the time either because:
- Online payments are not allowed with the bank account linked to the credit card you have used to place your order
- Your bank only by security has set a limit threshold on your account for online purchases which you can temporarly lift
- Card information are either mistyped/incorrect/expired
Do not hesitate to contact us or via the chat if any assistance is needed to process with your order.
Deliveries are performed under our brand and makes no mention of the online sales service on which you made your purchases.
The packages are neutral and have no distinctive sign that could may bring a third party to identify the origin of your package or its contents, except for the destination countries where regulations require us to attach a detailed description of the package to the attention customs authorities.
We currently provide delivery to several destinations across Europe and the world. If your country does not appear in the choice of shipping destinations you can send us an email or via chat to make the request.
One place of delivery is allowed per order. If you want to receive your products in two separate delivery places, you will be required to place two separate orders.
Fine Love Dolls cannot ship some accessories alongside with dolls because of air freight regulations (for example creams and glues) We therefore reserve the right to ship these items separately from your doll and thank you for your understanding.
Eventual delays do not entitle the Customer to claim damages, an order cancellation or a reduction of the price paid. In case of unusual delay, an email will be sent by the customer service.
Fine Love Dolls cannot be held responsible for non-performance of the contract in case of force majeure, disturbances or general strike, partial or total, including postal services and means of transportation, flood, storm or fire.
Upon reception of your payment, the average time is 6 to 15 business days for deliveries. These time spans might increase in case specific deadlines related to certain ordered items.
You can also track your order by visiting this page
Our philosophy is the respect and privacy of our customers: You will not receive any unsolicited email and your email address or contact information will not be sold to third parties.
In order to insure your privacy, our business name only appears on your bank statement as “24/7 Billing Company”. No mention of “Fine Love Dolls” is present either on your bank statement, or on the package that you will receive (plain brown box with no explicit indication of what is inside).
Fine Love Dolls strives to be GDPR compliant worldwide. Please see our privacy policy for more information.
We strongly encourage our visitors registering an account with us to enable Two-Factor Authentication (2FA) on their account here. 2FA is an extra layer of security to prevent the stealing of your confidential information online.
We strive to keep rotating stocks but it does happen that a face or a body is not available at the time of your order. Shall that be the case, it does not add much time to the overall process and is quick to manufacture (2 business days).
Count between 4 to 10 business days after having placed your order, for dolls already available and 10-15 for dolls that are not in stock.
WHAT IF I HAVE NOT RECEIVED MY TRACKING CODE PAST THIS DELAY?
Unfortunately our production lead time is only an estimate based on our previous orders average production time. The following might cause extra days before we are able to ship your doll:
- Congestion on production lines: It arrives that one of our dolls suddenly starts trending online. A spike in demand for a given body which has not been anticipated by production can lead to longer production times.
- Latest generation skeletons (WM, YL and OR Dolls): You can select the regular skeleton at checkout, to speed up the process, or the new one (free). The difference between the 2 is the shrugging shoulders on the new skeleton. The newer skeleton takes longer to produce.
- Chinese National Holidays: Delivery delays are not frequent, however we strongly advise you to avoid placing your order before or after the following dates: Chinese New Year, Chinese Middle Autumn Festival, China Golden Week, China Black Friday.
Your doll is custom made just for you at our factory, with the specific doll options that you have chosen. Because your sex doll is a custom product created just for you, once production of your doll has begun your order may not be cancelled for unless valable reason.
Returns are granted only if you have received an incorrect item due to our error, or you if you have received defective item. (standard production and shipping times apply). Fine Love Dolls reserves the right to try to resell the doll first, assuming it has not been used*
*By “reselling” these dolls, we mean as second hand models on doll forums only, not on our shop! Buyers are aware that it is a (cheaper) 2nd hand model. You will NOT receive an already used doll if you order from our shop).
By defective product, we do not mean small divots, scratches on the doll that could have happened on very rare cases after quality inspection and during transport. If your package arrived damaged, please take pictures before opening it. So that we can claim back transportation fees and compensate you accordingly. TPE Dolls are very easy to fix, and we will send you what is needed to fix such damages invisibly.
If you ever receive the wrong wig or eye color by mistake with your order, please contact us so that we can send you the correct item(s) right away!
WARNING: Sex toy laws dictate that we cannot accept return of a doll that has been used. So please note that as soon as you have sex with the doll, returning her for any reason is no longer possible. A returned doll will undergo oral, vaginal and anal inspection and testing for sexual fluids. If you have returned a doll which tests positive for sexual fluids, the doll will be destroyed and you will NOT receive a refund.
Unfortunately, Items that are damaged through improper use are not eligible for return or refund , regardless of the duration of time the product was used for. Sex dolls are not indestructible. Care and common sense must be exercised during use and handling. For more information about TPE dolls care and maintenance please follow this link.
Customer satisfaction is very important to us. If you have any problem with your order, please contact us and we will do our best to fix the issue immediately.
All of our dolls are guaranteed against manufacturing defects but not against normal wear and tear from excessive use or misuse of the product.
Fine Love Dolls can not be held liable for damages of any kind, whether tangible or intangible property, which could result from a malfunction or improper use of products sold.
More information about our dolls can be found in our TPE Doll user manual PDF downloadable here.
We strive to provide a great navigation experience for all of our beloved visitors, and a major factor in your experience is our website performance and speed.
In order to preserve our server resources, we must narrow down our traffic to the countries we sell the most, and to which dolls are allowed to be imported. Our firewall is configured not to allow traffic coming from the following countries:
Afghanistan – Aland Islands – Albania – Algeria – American Samoa – Angola – Antigua and Barbuda – Argentina – Armenia – Aruba – Austria – Azerbaijan – Bahamas – Bahrain – Bangladesh – Barbados – Belarus – Belize – Benin – Bermuda – Bhutan – Bolivia – Bonaire, Saint Eustatius and Saba – Bosnia and Herzegovina – Botswana – Bouvet Island – Brazil – British Indian Ocean Territory – Brunei Darussalam – Burkina Faso – Burundi – Cambodia – Cameroon – Central African Republic – Chad – Chile – Christmas Island – Cocos (Keeling) Islands – Colombia – Comoros – Congo – Congo, The Democratic Republic of the – Cook Islands – Costa Rica – Cote dIvoire – Croatia – Cuba – Curacao – Cyprus – Czech Republic – Djibouti – Dominica – Dominican Republic – Ecuador – Egypt – El Salvador – Equatorial Guinea – Eritrea – Estonia – Falkland Islands (Malvinas) – Faroe Islands – Fiji – French Guiana – French Polynesia – French Southern Territories – Gabon – Gambia – Georgia – Ghana – Gibraltar – Greece – Greenland – Grenada – Guadeloupe – Guatemala – Guinea – Guinea-Bissau – Guyana – Haiti – Heard Island and McDonald Islands – Holy See (Vatican City State) – Honduras – Hungary – India – Indonesia – Iran, Islamic Republic of – Iraq – Isle of Man – Israel – Jamaica – Jordan – Kazakhstan – Kenya – Kiribati – Korea, Democratic Peoples Republic of – Kuwait – Kyrgyzstan – Lao Peoples Democratic Republic – Lebanon – Lesotho – Liberia – Libyan Arab Jamahiriya – Macao – Macedonia – Madagascar – Malawi – Malaysia – Maldives – Mali – Malta – Marshall Islands – Mauritania – Mayotte – Mexico – Micronesia, Federated States of – Moldova, Republic of – Mongolia – Montenegro – Montserrat – Morocco – Mozambique – Myanmar – Namibia – Nauru – Nepal – New Caledonia – Nicaragua – Niger – Nigeria – Niue – Norfolk Island – Northern Mariana Islands – Oman – Pakistan – Palau – Palestinian Territory – Panama – Papua New Guinea – Paraguay – Peru – Philippines – Puerto Rico – Romania – Saint Barthelemy – Saint Helena – Saint Kitts and Nevis – Saint Lucia – Saint Martin – Saint Pierre and Miquelon – Saint Vincent and the Grenadines – Samoa – San Marino – Sao Tome and Principe – Senegal – Serbia – Seychelles – Sierra Leone – Saint Maarten – Slovakia – Slovenia – Solomon Islands – Somalia – South Georgia and the South Sandwich Islands – Sri Lanka – Sudan – Suriname – Svalbard and Jan Mayen – Swaziland – Syrian Arab Republic – Tajikistan – Tanzania, United Republic of – Thailand – Timor-Leste – Togo – Tokelau – Tonga – Trinidad and Tobago – Tunisia – Turkey – Turkmenistan – Turks and Caicos Islands – Tuvalu – Uganda – Uruguay – Uzbekistan – Vanuatu – Venezuela – Vietnam – Virgin Islands, British – Wallis and Futuna – Western Sahara – Yemen – Zambia – Zimbabwe
If you try to access our website from one of the above country your connection will be throttled, and you will be redirected to our Twitter account.
HOW DO I ACCESS FINELOVEDOLLS.COM FROM ONE OF THE ABOVE COUNTRIES?
If you would like to access our website from one of the above destination, please contact us and provide us with your IP address first, so that we can help you bypass our firewall. Thank you for your understanding, and our sincere apologies for this inconvenience.
WHY ARE SOME IP ADRESSES OR COUNTRIES NOT ALLOWED TO ACCESS FINELOVEDOLLS.COM?
Fine Love Dolls website and servers must handle an heavy and sustained volume of traffic on a daily basis, with thousands of visits per day, and each visitor making thousands of requests. The more requests at a given time, the slower a server gets, and the server gets slow, so does the website.
Any website with high amount of traffic must maintain a top notch security system, to prevent hackers, and other malicious IP addresses to exhaust our server resources with common techniques such as DDOS attacks.
WHAT ARE DDOS ATTACKS?
DDOS attacks are as evil as they are smart. Ever saw a zombie movie before? Imagine your computer being infested by a virus and running attacks along with other computers on the background without your knowledge or consent. A good way to recognize such activity is if the computer fan turns excessively even though the computer is on sleep mode for example. This is usually a clear sign of intensive task operating stealthily on the background.
These infested computers hookup back and forth onto a given website, just like a parasite would, and are controlled by the hacker as part of a network of computers, to perform coordinated attacks until a website server resources are all temporarily exhausted. The goal is to try to knock the website down.
MY IP WAS BLOCKED WHAT CAN I DO?
If you were blocked by mistake by our security team or by our firewall, please contact us as soon as possible so that we can whitelist your IP address.
HOW CAN I PREVENT MY IP FROM BEING BLOCKED OR THROTTLED OR RATE LIMITED?
In order to make your navigation on Fine Love Dolls smooth and seamless, we strongly advised you to:
- Make sure your IP address does not have a bad reputation and is not listed on global online security registry
- Do not excessively reload pages, as there is a request threshold per minute not to exceed (rate limiting) just like on most websites. This is a prevention and a mitigation technique to DDOS attacks. If you exceed this threshold, your connection will be throttled for a given amount of minutes.
- Refrain from accessing our website from a public WI-FI ideally, or behind a proxy, as this is a common technique used by attackers.
We strive to maintain a safe a performant environment for everyone. Unfortunately we sometimes block IPs by mistake and sincerely apologize, shall this were to happen to you. If you believe that you were blocked by mistake, please contact us so that we can whitelist you as soon as possible. Once whitelisted you will not possibly be banned twice. We thank you for your patience and understanding!
COOKIE STATEMENT
This Cookie Statement explains how we use cookies and similar technologies in the course of our business, including through our websites that link to this Cookie Statement, such as https://www.finelovedolls.com, or any website or mobile application owned, operated or controlled by us (collectively, “Websites” or “websites”), and when our users’ subscribers visit websites or e-commerce stores operated by our users or open or interact with emails delivered through our Services. It explains what these technologies are and why we use them, as well as your rights to control our use of them. This Cookie Statement is and will be treated as part of our Terms of Use, and is automatically incorporated therein. Capitalized terms used and not otherwise defined in this Cookie Statement have the meanings given to those terms in our Privacy Policy.
In some cases we may use cookies and other tracking technologies described in this Cookie Statement to collect Personal Information, or to collect information that becomes Personal Information if we combine it with other information. For more information about how we process your Personal Information, please consult our Privacy Policy.
What are cookies?
Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by online service providers in order to (for example) make their websites or services work, or to work more efficiently, as well as to provide reporting information.
Cookies set by the website owner or service provider (in this case, Fine Love Dolls) are called “first party cookies”. Cookies set by parties other than the website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website or service you are using (such as advertising, interactive content and analytics). The third parties that set these third party cookies can recognize your computer both when it visits the website or service in question and also when it visits certain other websites or services.
Why do we use cookies and other tracking technologies?
We use first party and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites and Services to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies enable us and the third parties we work with to track and target the interests of visitors to our Websites, and we refer to these as “performance” or “functionality” cookies. For example, we use cookies to tailor content and information that we may send or display to you and otherwise personalize your experience while interacting with our Websites and to otherwise improve the functionality of the Services we provide. We also enable our users to employ cookies and similar tracking technologies in connection with their use of our Services in order to allow us and our users to track their subscribers. Finally, third parties serve cookies through our Websites and Services for advertising, analytics, and other purposes. This is described in more detail below.
Cookies served through our Website
The specific types of first and third party cookies served through our Website and the purposes they perform are described in further detail below:
Essential Cookies
Mailchimp
These cookies are strictly necessary to provide you with services available through our websites and to use some of its features, such as access to secure areas.
1. Performance & Functionality Cookies
Fine Love Dolls
These cookies are used to enhance the performance and functionality of our websites but are non-essential to their use.
Tidio
WooCommerce
To keep track of cart data, WooCommerce makes use of 3 cookies:
- woocommerce_cart_hash
- woocommerce_items_in_cart
- wp_woocommerce_session
The first two cookies contain information about the cart as a whole and helps WooCommerce know when the cart data changes. The final cookie (wp_woocommerce_session_) contains a unique code for each customer so that it knows where to find the cart data in the database for each customer. No personal information is stored within these cookies.
Google/DoubleClick
- APISID
- SSID
- NID
- PREF
- drt_
- SID
- SAPISID
- id
- HSID
Youtube
Yahoo
Bing
We and our third party partners may use other, similar technologies from time to time, like web beacons, pixels (or “clear gifs”) and other tracking technologies. These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our Websites or, in the case of web beacons, opened an e-mail that we have sent them. This allows us, for example, to monitor the traffic patterns of users from one page within our Websites to another, to deliver or communicate with cookies, to understand whether you have come to our Websites from an online advertisement displayed on a third-party website, to serve targeted advertisements to you and others like you, to improve site performance, and to measure the success of marketing campaigns. While you may not have the ability to specifically reject or disable these tracking technologies, in many instances, these technologies are reliant on cookies to function properly; accordingly, in those instances, declining cookies will impair functioning of these technologies.
Targeted online advertising
We have engaged one or more third party service providers to track and analyze both individualized usage and volume statistical information from interactions with our Websites. We also partner with one or more third parties (such as advertisers and ad networks) to display advertising on our Websites and/or to manage and serve advertising on other sites.
These third parties use cookies, web beacons, pixel tags and similar tracking technologies to collect and use certain information about your online activities, either on our Websites and/or other sites or mobile apps, to infer your interests and deliver you targeted advertisements that are more tailored to you based on your browsing activities and inferred interests (“Interest Based Advertising”). For more information about this practice, click here: http://www.aboutads.info/choices/.
Our third party service providers may also use cookies or web beacons to collect information about your visits to our Websites and/or other sites to measure and track the effectiveness of advertisements and our online marketing activities (for example, by collecting data on how many times you click on one of our ads). The information collected by these third parties does not include personal information that enables you to be specifically identified (e.g. by reference to your name or email address).
Cookies served through the Services
User email campaigns
We automatically place single pixel gifs, also known as web beacons, in every email sent by our users. These are tiny graphic files that contain unique identifiers that enable us and our users to recognize when their subscribers have opened an email or clicked certain links. These technologies record each subscribers email address,
IP address, date, and time associated with each open and click for a campaign. We use this data to create reports for our users about how an email campaign performed and what actions subscribers took.
How can I control cookies?
You have the right to decide whether to accept or reject cookies.
Website Cookie Preference Tool: You can exercise preferences about what cookies are served on our Websites by visiting our cookie settings preference center, available here: Privacy Settings. You can also exercise your Website cookie preferences by visiting the TRUSTe preference center by clicking this link: http://preferences-mgr.truste.com/.
Browser Controls: You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our Websites though your access to some functionality and areas of our Websites may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.
Disabling Most Interest Based Advertising: Most advertising networks offer you a way to opt out of Interest Based Advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.
Mobile Advertising: You can opt out of having your mobile advertising identifiers used for certain types of Interest Based Advertising, including those performed by us, by accessing the settings in your Apple or Android mobile device and following the most recent published instructions. If you opt out, we will remove all data about you and no further data collection or tracking will occur. The random ID we (or our third party partners) had previously assigned to you will also be removed. This means that if at a later stage, you decide to opt-in, we will not be able to continue and track you using the same ID as before, and you will for all practical purposes be a new user to our system.
Do Not Track: Some Internet browsers – like Internet Explorer, Firefox, and Safari – include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our Websites do not currently process or respond to “DNT” signals. Fine Love Dolls takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard. To learn more about “DNT”, please visit All About Do Not Track.
How often will you update this Cookie Statement?
We may update this Cookie Statement from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Statement regularly to stay informed about our use of cookies and related technologies.
The date at the bottom of this Cookie Statement indicates when it was last updated.
Where can I get further information?
If you have any questions about our use of cookies or other technologies, please email us at [email protected].
COPYRIGHT & TRADEMARK POLICY
Our Terms prohibit users from violating someone else’s intellectual property rights, including copyright and trademark.
If you believe content that belongs to you is being used through our Services or Websites without your permission, we want to know about it. You can send notice of the alleged infringement to our designated agent. Here’s his contact information: [email protected]
If you do send us a notice, please note that we may forward your notice, including your contact information, to the user who posted or used the content that you are complaining about. If you’re not sure whether content on one of our Websites or sent through our Service infringes your intellectual rights, then you may want to speak with legal counsel in your area before notifying us.
Finally, before sending us a notice you may want to reach out to the person or organization who posted or used the content you believe infringes your rights. You may be able to resolve the issue directly with that person or organization without contacting Fine Love Dolls.
Copyright
When reporting a claim of copyright infringement, please ensure your notice includes the following:
- The name, address, telephone number, and email address of the copyright owner;
- An identification or description of the copyrighted work that you claim is being infringed;
- A description of the content on our Websites or sent through our Service that you claim infringes your copyright;
- An identification of where the allegedly infringing content is located on our Websites or was sent through our Service (a URL works best);
- A statement that: (a) you have a good faith belief that the use isn’t authorized by the copyright owner, its agent or the law; (b) the information in your notice is accurate; and © under penalty of perjury, you are the owner or you are authorized to act on behalf of the copyright owner; and
- An electronic or physical signature from the copyright owner or someone authorized to act on their behalf.
Trademark
When reporting a claim of trademark infringement, please ensure your notice includes the following:
- The name, address, telephone number, and email address of the trademark owner;
- An identification of the trademark that you claim is being infringed, including the trademark registration number, the country/jurisdiction where the trademark is registered, an identification of the category of goods and/or services covered by your registration, and a link to the registration or copies of your certificate of registration;
- A description of the content on our Websites or sent through our Service that you claim infringes your trademark, including an explanation of how you believe the content is infringing;
- An identification of where the allegedly infringing content is located on our Websites or was sent through our Service (a URL works best);
- A statement that: (a) you have a good faith belief that the use isn’t authorized by the trademark owner, its agent or the law; (b) the information in your notice is accurate; and © under penalty of perjury, you are the owner or you are authorized to act on behalf of the trademark owner; and
- An electronic or physical signature from the trademark owner or someone authorized to act on their behalf
This Copyright and Trademark Policy applies to the websites where Fine Love Dolls operates, as well as any other sites owned or operated by us (each a “Website” and together the “Websites”). This Policy also applies to all uses of our Services.
AFFILIATE PARTICIPATION AGREEMENT
This Affiliate Participation Agreement contains the terms and conditions that apply to your participation as a member of the affiliate program (the “Affiliate Program”) for https://www.finelovedolls.com (the “Merchant Website”), which is a website owned by Fine Love Dolls Ltd. and its subsidiaries (collectively, “we” “us” or “Merchant”). This Affiliate Program is administered by us through Fine Love Dolls (doing business as “FLD”), operators of the “Affiliate Network”. In this Agreement you are sometimes referred to as “you”, “your” or “Affiliate”.
This is a legally binding agreement. By joining this affiliate program and receiving and using links to the merchant website, you are confirming that you have read this agreement and that you agree to be bound by the terms and conditions contained in this agreement. If you do not agree with any of the terms or conditions set forth herein, do not join this affiliate program.
I. Enrollment & Eligibility
In order to participate in this Affiliate Program you must complete a participant application via https://www.finelovedolls.com/affiliate-home/affiliate-register/ You will be notified if your application has been accepted or rejected. We reserve the right to reject any application in our sole discretion. If we reject your application, you may reapply at anytime. Only websites with general based domain name extensions (e.g. .com, .net, .org, .us, etc.) are eligible for participation in this Affiliate Program. You must be at least 18 years of age (21 in some jurisdictions) to join this Affiliate Program. By submitting an application to participate in this Affiliate Program, you represent, warrant, covenant and agree that (1) all information that you provide to us or Fine Love Dolls in connection with your participant application and/or in connection with your participation in this Affiliate Program is true, complete and accurate, (2) you have all necessary rights and authority to enter into this Agreement and perform your obligations hereunder, (3) this Agreement will constitute a legal, binding and enforceable agreement against you in accordance with the terms and conditions herein, and (4) your execution and performance hereunder will not conflict with or result in a breach or violation of any other agreement, arrangement or understanding to which you are bound.
II. Suitability of Affiliate Websites
(a) Your websites are not suitable and you may not participate in the Affiliate Program if the websites operated by you violate any of the following website suitability restrictions. Further, you represent, warrant, covenant and agree that none of your participating websites or any content or technology contained thereon or used in connection with the Affiliate Program will, at anytime during the period that you are an affiliate in this Affiliate Program, violate any of the following website suitability restrictions. In the event that we believe that you have violated any of the following website suitability restrictions we may, in addition to all other rights and remedies that we may have, terminate this Agreement and your participation in this Affiliate Program without notice. Your participating websites may not and may not be one-click away from any content or technology that would:
- Infringe on our or any other person’s or entity’s intellectual property, publicity, privacy or other rights;
- Fail to state a clear online privacy policy to your visitors;
- Require a username or password to access your websites, without our prior written consent (including via email);
- Violate any law, rule, regulation or applicable industry self-regulatory principles or best practices;
- Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, defamatory, or unlawful;
- Contain any content that is or depicts non-consenting or coercive sex (including, without limitation, depictions of sex with individuals who are sleeping or under the influence of drugs or alcohol), incest, bestiality, bondage (where consent of the participants is not clearly depicted), defecation, or sex acts associated with pain or violence;
- Contain any content that or depicts child pornography, and/or any depiction of underage participants (including participants who are dressed and depicted as underage, even though the participants are clearly adults);
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- Contain material that is false, inaccurate, deceptive, unfair, fraudulent or misleading or that promotes pyramid or similar schemes;
- Promote violence or any illegal or immoral activity;
- Promote discrimination based upon gender, race, religion, nationality, disability, sexual orientation or age;
- Use or promote the use of bulk email or spam, news group, IRC, forum, social media, including, but not limited to, Myspace, Facebook, Twitter and blog postings, all forms of cookie stuffing (ie iframes, obfuscation via a redirect, misleading JavaScript comments, CLICK loading in IMG tags, etc), or spyware advertising techniques;
- Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website;
- Use any software that gathers information through the customer’s Internet connection without his or her knowledge;
- Install spyware on another person’s computer, or cause spyware to be installed on another person’s computer, or utilize any “opt-out downloads”. An “opt-out download” is any software, program, script, tool or element that would automatically download to a user’s computer or that would become operative when the user accesses the Internet unless the user takes affirmative action to prevent the download;
- Use a context based triggering mechanism to display an advertisement that partially or wholly covers or obscures paid advertising or other content on an Internet website in a way that interferes with a user’s ability to view the Internet website, or use browser-embedded contextual targeting applications or other applications which serve advertisements (pop-up ads and pop-unders, in-browser ads and highlighting of website content and redirecting to websites with similar content, regardless of whether any such advertisements are served directly by you or is provided or purchased from a third-party) on Merchant’s or Merchant’s competitors websites or on any other website other than your websites; or
- Contain, promote or otherwise advertise coupon, promotional or similar codes.
(b) You may not (1) engineer you websites in a manner designed to direct or pull Internet traffic away from our Merchant website, (2) attempt to modify or alter our Merchant website in any way; (3) make any representations, either express or implied, or create an appearance that a visitor to your website is visiting our website, e.g., “framing” the Merchant website, without our prior written approval; (4) “scrape” or “spider” any Merchant website or any other website for Merchant Content (as defined below); or (5) misrepresent any Merchant product or service.
(c) You may not purchase products during sessions initiated through Qualified Links (defined below) on your websites for resale, or commercial use of any kind. Such purchases may result, in our sole discretion, in the withholding of the Revenue Share or the termination of this Agreement.
(d) Your site must be live and online at the time of review. We have the right in our sole and absolute discretion to monitor your websites at any time and from time to time to determine if you are in compliance with the terms of this Agreement, and you agree to provide us with unrestricted access to your websites for such purpose. Further, you acknowledge that we have the right to disclose your identity and contact information to law enforcement authorities or aggrieved parties in the event that you have breached this Agreement. 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. You acknowledge we may receive information about visitors you refer, and your participation in our Affiliate Program constitutes your unconditional consent and authorization to access, receipt, store, use, and disclose any and all such information, in accordance with the Privacy Policy listed on our web sites.
(e) The registration or “WHOIS” information pertaining to any of your sites shall contain current and accurate contact information so that a third-party could have a reasonable expectation of reaching you during normal business hours by telephone, mail, facsimile and/or email.
(f) You agree to fully comply with 18 USC 2257 et seq, (“2257”) including but not limited to its notice and record-keeping requirements, as a condition precedent to your participation in the Affiliate Program or providing any traffic or links from your web pages to our site. You agree to immediately provide to us as requested, in our sole discretion, record keeping documents and data needed for us to comply with 2257 or for us to audit, from time to time, your compliance with such statute.
III. Right to Use Merchant Content
(a) Subject to the terms and conditions herein, we hereby grant to you, during the term hereof, a limited, non-exclusive, non-transferable, revocable, non-sublicenseable, non-assignable right to (1) access the Merchant Website through Qualified Links provided by us from time to time, and (2) use and display the Merchant Content (as defined below) that we may make available to you from time to time solely as provided to you through the Affiliate Network and solely for the purpose of generating the sale of Merchant’s products from your website that we have approved and solely in connection with your participation in this Affiliate Program. Any attempt to sublicense, assign or transfer this right is void. You may not authorize any sub-affiliates to promote the Affiliate Program without our prior written consent. We may terminate your rights to use the Merchant Content for any reason at any time in our sole and absolute discretion.
(b) A “Qualifying Link” means a link from your website to our website using one of the URLs or graphic links provided by us (or through the Affiliate Network) for use in the Affiliate Program that allows FLD to track the use of such links by your visitors. All Qualifying Links that you will use in the Affiliate Program will be provided to you from the Affiliate Network or by other means selected by us, and only valid Qualifying Links generated by the Affiliate Network or by us will be tracked for purposes of determining Revenue Share that you may be eligible to receive on sales of products generated through your website. The numbers provided by us shall be the sole and definitive numbers used for any reporting purposes. Except for the right to use the Merchant Content provided to you by us hereunder, we are not granting you any rights in, and you represent, warrant, covenant and agree that you will not use, in any manner, any trademarks, service marks, trade names, logos, banners, buttons, graphics, digital images, text, or other content or materials owned or controlled by us.
(c) Upon termination of this Agreement, for any reason, you shall immediately cease using, displaying or otherwise maintaining any interest in the Merchant Content. For purposes of this Agreement “Merchant Content” means any and all trademarks, service marks, trade names, logos, banners, buttons, digital images, graphics, text and other content and material which we may, in our sole discretion, make available to you in connection with this Affiliate Program from time to time.
IV. Special Offers
(a) From time to time, we may post on the Affiliate Network special offers (“Special Offers”) to pay certain members of the Affiliate Program, chosen at our sole discretion, a specified referral fee on sales of certain products. The terms of a Special Offer, as posted on the Affiliate Network or otherwise communicated to such members, shall be governed by the terms and conditions of this Agreement. However, in the event of any inconsistency between the terms of the Special Offer and the terms of this Agreement, the terms of the Special Offer shall govern.
(b) Advance notice of promotions, sales and special events is Confidential Information of ours until such events are publicized by us. From time to time you may be given prior notice of such events so that you may prepare content on your Website. The existence of such event and any Merchant Content provided to you is Confidential Information and may not be disclosed by you prior to the date specified by us. You also agree upon notice to promptly remove any Confidential Information from your site upon our request.
V. Merchant Content Usage Restrictions
If you fail to comply with any of the restrictions in this agreement, at our sole discretion you, forfeit any commissions or other payments otherwise earned by you during such time that you are not in compliance.
(a) Obtaining and Using Merchant Content. You agree that you will not, except as specifically provided for in this Agreement (1) copy or obtain any images or other content relating to the Merchant from the Merchant Website or elsewhere, except through the Affiliate Network, including photography of Merchant Content used in accordance with Section 3 hereof, (2) copy or display any Merchant Content, (3) modify, adapt, translate or create derivative works based on the Merchant Content or Qualifying Links, (4) remove, erase, or tamper with any copyright or other proprietary notices in any copy of any of the Merchant Content, (5) sell, market, license, sublicense, distribute, disclose or otherwise grant to any person or entity any right or interest in the Merchant Content or Qualifying Links, (6) take any action which may cause deception, confusion or otherwise dilutes the quality of the Merchant Content or the goodwill associated therewith, or (7) use the Merchant Content in any manner which disparages or portrays us in a false, competitively adverse or poor light.
(b) No Keyword Purchasing. You agree that you will not purchase or bid for the placement of our name or trademarks or any variation or misspelling thereof within any third party search engine or portal, including but not limited to AOL.com, Yahoo.com, MSN.com, Google.com, ask.com and miva.com.
(c) Search Engine and Advertising Restrictions. You also agree to the following additional search engine advertising rules: (1) all advertisements by you must be directed to your site or a page within your site, (2) none of your advertisements may link directly to the Merchant Website or any page within the Merchant Website, (3) you will not show the Merchant Website URL as the URL in your ads, (4) you will not use the words “official site” or words to similar effect in connection with any use of our trademarks, or otherwise suggest or imply that your site is an official Merchant site or partner, and (5) you will stop bidding on any keyword term at our request.
(b) Trademark and Look and Feel Restrictions. Additionally, you agree that (1) you will not include any name, trademark, trade name, service name, logo or similar business identifier, or any variation or misspelling thereof, which is owned or controlled by us in any domain name, email address, or similar identifier used by you, (2) you will not alter or attempt to alter the look, feel, content, features or functionality of the Merchant Website, (3) you will immediately substitute or remove any Merchant Content from your websites at our request, (4) your websites will not in any way copy or resemble the look, feel or content of the Merchant Website or create any impression that your websites are part of the Merchant Website, (5) you will not purchase or contract with any other person or entity to exploit any name, trademark, trade name, service name, logo or similar business identifier, or any variation or misspelling thereof, which is owned or controlled by us for any purpose, (6) you will not use any Merchant Content in a manner which links or otherwise directs potential customers to any website other than the Merchant Website, and (7) you will not attempt to intercept or redirect potential customers from or on the Merchant Website or any other website participating in this Affiliate Program.
(c) Promotion Codes & Coupons; Hidden Pages. You may not, without our prior written consent, utilize any promotion, promotion code, coupon, rewards/points program or other promotional opportunity that is not specifically authorized for Merchant’s Affiliate Program and explicitly authorized for your use. From time to time, we will issue promotional offers to our customer base via email directing visitors to “hidden” pages on sites in the Fine Love Dolls Network. “Hidden” pages are defined as any page not directly linked to from the home page or any category or product pages. Products offered on these “hidden” pages are not eligible for the Revenue Share. Affiliates are restricted to sending traffic to specified landing pages outlined in their affiliate account and may not make use of unlisted or “hidden” pages by modifying the link code to include link identification numbers specific to their account. Coupon codes that are to be used on our network of sites, unless authorized, are not to be used by affiliates.
(d) Communications with Consumers. You may not, without our prior written consent, (1) generate or send any email messages, text or mobile messages, or other electronic messages (“Electronic Messages”) using or containing our name or logo, or any variation thereof, or any of our trademarks or products, or any of the Qualifying Links or URLs provided to you as part of the Affiliate Program, (2) send any Electronic Messages that in any way suggests or implies or misleads or is likely to mislead (including without limitation, via the return address, subject heading, header information or message contents) a recipient into believing that we or any related entity was the sender or sponsor of such email or procured or induced you to send such email, (3) forward, redistribute, or otherwise repurpose any Electronic Messages that we send our customers or members of the Affiliate Network, and (4) generate or send any unsolicited email (spam) under this Agreement or any email in violation of the Personal Information Protection and Electronic Documents Act (PIPEDA) or Fighting Internet and Wireless Spam Act (FISA) (including any amendments or successor laws) or any other applicable federal or provincial laws or regulations.
VI. Property Ownership Rights
You acknowledge and agree that we retain all rights, title and interest in and to all property rights embodied in or associated with the Merchant Content. You represent, warrant, covenant and agree that you will not, and will not assist any third party to, now or in the future, (1) take any action challenging or otherwise inconsistent with our ownership of, or other right in, the Merchant Content, or (2) register or attempt to register any trademark, service mark, logo, trade name, domain name, or similar business identifier, that contains any name, trademark, service mark, logo, trade name or other content or material owned or controlled by us or any derivation, including misspellings, thereof. All goodwill and benefits accruing from the use of the Merchant Content will automatically vest in us. You agree to cooperate with us and to take any additional actions reasonably requested by us to effect, perfect or confirm our rights, title and interest in the Merchant Content.
VII. Operation and Maintenance of the Merchant Website
(a) You acknowledge and agree that we will accept or reject, in our sole and absolute discretion, all orders by customers for merchandise placed on or through the Merchant Website. You further acknowledge and agree that (1) you do not have any authority to make or accept any offer or commitment on behalf of us, (2) we cannot, and do not, guarantee the availability of any merchandise or other services offered for sale on the Merchant Website, and (3) we are solely responsible for all pricing, merchandising, order processing, order fulfillment, shipping, returns and all other aspects of the Merchant Website and the sale of merchandise thereunder. Customers who access the Merchant Website will be deemed our customers. Accordingly, all of our then applicable rules, policies and procedures concerning orders, returns, refunds, customer service, privacy and other terms of use and sale will apply to such customers. As between the parties, all information obtained through the use of the Merchant Website shall be our exclusive property.
(b) We may change our policies and operating procedures at any time in our sole discretion. For example, we will determine the prices to be charged for products sold under the Affiliate Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product or the error-free or uninterrupted operation of our website.
VIII. Revenue Share Payments
(a) During the term of this Agreement, we agree to pay you a revenue share (the “Revenue Share”) equal to ten percent (10%) of Business Turnover determined pursuant to the schedule set forth in the Affiliate Program overview/description materials posted on the Affiliate Network or otherwise provide by us; provided, however, that (1) you shall not receive any Revenue Share for (A) purchases of non-tangible products, including without limitation videos or membership fees or (B) any upsell purchases made by customers of ours following the initial purchase made by such customers. No commission will be paid for purchases by you or anyone within your organization. We reserve the right, at our sole discretion, to change, modify, add or remove portions of this Revenue Share schedule at any time without notice. For purposes of this Agreement, “Net Revenue” means all cash consideration (not including any portion of payment made through the redemption coupons or credits, or the purchase of gift certificates or gift cards) from merchandise sold in a transaction resulting directly from a Qualifying Link tracked by FLD from your website to the Merchant Website in accordance with this Agreement, where the customer purchases such merchandise, less all taxes, shipping and handling charges, gift wrapping and other value-added service charges, returns and chargebacks. You acknowledge and agree that we will not be obligated to pay any revenue share unless we actually ship the applicable order and receive full payment for such order.
(b) A transaction may be deemed to be resulting directly from a Qualifying Link tracked by Fine Love Dolls from your website to the Merchant Website if:
- Such purchase is made during the time period set forth by us through the Affiliate Network after the customer has initially entered our website through your tracked Qualifying Link (“Revenue Share Time”). After the Revenue Share Time, we will not pay referral fees on any products that are added to a customer’s shopping cart after the customer has re-entered our website (other than through a Qualifying Link from your website), even if the customer previously followed a link from your website to our website.
- Your tracked Qualifying Link is the most recent referral to the Merchant Site prior to such purchase among all marketing channels tracked by us. If we are able to track a referral from another marketing channel (e.g. another affiliate, comparison shopping engine, paid search, banner advertisement or any other trackable marketing channel) that is more recent that your Qualifying Link, then the resulting purchase will be deemed to not be directly resulting from your tracked Qualifying Link.
All determinations of Qualifying Links and whether a referral fee is payable will be made by us and FLD and will be final and binding on you.
(c) Subject to the terms and conditions of this Agreement, we will pay you the above-described Revenue Share on a monthly basis. We will send, or cause to be sent, the Revenue Share earned, less any taxes or other amounts that we may be required by law to withhold. Affiliates may request payout on your owed balance at any time. Only those amounts which have been requested or which exceed the predetermined threshold will be fulfilled. Affiliates are not eligible to request a payout until the balance owed exceeds USD 100.00
Available payment methods include:
- Paypal Transfer – For amounts below USD 100.00
- Wire Transfer – For amounts above USD 100.00
No interest will be paid on any such amount held by us. If a Revenue Share payment is made hereunder and relates to merchandise that is later returned by the customer or determined to have been generated in violation of this Agreement, the applicable Revenue Share will be deducted from the next applicable payment hereunder. If any portion of such Revenue Share cannot be recovered through a deduction, we will invoice you for such amount and you agree to pay this amount within 30 days after receipt of such invoice. Upon termination of this Agreement, we will send, or cause to be sent, to you, a check for the total amount of Revenue Share then owed to you as of the termination date. The final Revenue Share payment may be withheld by us for a reasonable period of time to ensure that the correct amount is to be paid after making any adjustments that may be required, including, but not limited to, adjustments for returns. We reserve the right to correct, update, modify or reject any transactions or deduct any amounts based upon clear errors, inaccuracies or omissions in the information provided to you.
IX. FLD Tracking
(a) We will track sales made to customers who purchase products using Qualified Links, that you will generate using FLD’s technology, from your website to our website, and reports summarizing this sales activity will be available to you also through the Affiliate Network. The form, content, and frequency of the reports are limited to those reports and capabilities available through the Affiliate Network and may vary from time to time in our and FLD’s reasonable discretion. We are not responsible for any changes that FLD may make in their reporting format, timing, or types of reports available to the members of our Affiliate Program. To permit accurate tracking, reporting and fee accrual, you must ensure that the links between your website and our website are properly formatted. We are not responsible for improperly formatted links regardless of whether you have made amendments to the code or not. In addition, we are unable to track or provide you credit for sales from customers that are referred to us with browsers that do not have their cookies setting enabled. You hereby agree not to disclose the such information contained in FLD reports regarding us to any third party without our prior written consent and that such information is the property and Confidential Information of ours.
(b) You represent, warrant, covenant, and agree that (1) you are a member of FLD’s network affiliate program, and (2) you will not bypass, modify, circumvent, impair, disable or otherwise interfere with any links, web beacons, cookies or other technology provided by us or FLD.
X. Responsibility for Your Websites & Your Participation
(a) You will be solely responsible for the development, operation, and maintenance of all websites that are linked to the Merchant Website hereunder and for all content, technology and other materials that appear on such websites. You acknowledge and agree that you are responsible for complying with all of the terms and conditions hereof and all applicable laws, rules and regulations. You represent, warrant, covenant, and agree that:
- You will not state or imply that we sponsor, endorse, sanction or otherwise approve your website or any of your products or service,
- You will not state or imply that you are an affiliate, associate, partner or agent of ours or otherwise take any action that could reasonably cause customers confusion as to our relationship with you,
- You will not take any action that could reasonably cause customers confusion as to the website on which any data collection, purchase transaction or other functions are occurring,
- At all times during and after the term of this Agreement, you will protect all of our and FLD’s Confidential Information (as defined below) that you obtain or otherwise have access to with the same degree of care that you use to protect your own confidential and proprietary information but in no event less than a reasonable standard of care,
- You will only use our and FLD’s Confidential Information to the extent necessary to perform your obligations hereunder,
- You will not use or display any trademark, service mark, logo or other content of FLD or infringe any of FLD’s technology rights, and
- You will promptly notify us and FLD of any malfunctioning of the Qualifying Links or other problems with your participation in the Program.
(b) We disclaim all liability for all such matters. Further, you agree to defend, indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys fees) relating to the development, operation, maintenance or content of your website or any content, information, practice or technology used by you in connection with your business.
(c) For purposes of this Agreement, “Confidential Information” means all non-public information provided or obtained by you about us, including, without limitation, all customer information, and all business and sales information related to transactions through this Affiliate Program.
XI. Violation of Terms & Affiliate Indemnification
(a) Violation of any of the terms, conditions or prohibitions contained in this Agreement may result in, among other things, the immediate termination of this Agreement and the commencement of an action by us against you seeking, without limitation, injunctive relief, and the recovery of actual, statutory and punitive damages.
(b) You, at your own cost and expense, will indemnify, defend and hold harmless, us and our parent, subsidiaries and company affiliates, and each of their respective directors, officers, employees, agents, successors and assigns against any claim, suit, action, judgment, liability, loss, cost, expenses and other damages (even if such claims are groundless, fraudulent or false), including reasonable attorney’s fees, based upon or in connection with (1) any breach or alleged breach of your representations, warranties, covenants agreements, or obligations hereunder, (2) your websites or related business, or any content, technology or other materials displayed or contained thereon, including but not limited to with respect to claims of misappropriation or infringement, (3) your failure or alleged failure to comply with any applicable law, rule or regulation, (4) claims for unsolicited email, spamming or violation of the Personal Information Protection and Electronic Documents Act (PIPEDA) or Fighting Internet and Wireless Spam Act (FISA), (5) your misuse, unauthorized modification or unauthorized use of the services or materials provided by us or FLD hereunder, or (6) any actual or alleged wrongful or negligent act or omission by you.
XII. Term & Termination
(a) This Agreement shall automatically terminate on the date on which we no longer maintain or you are no longer a member of the Affiliate Program contemplated hereunder. Additionally, either party may terminate this Agreement at any time and for any reason by providing notice (including via e-mail) to the other party. We may also terminate this Agreement immediately, without notice, if we determine, in our sole discretion, that you have breached this Agreement or that your website(s) is unsuitable to participate in this Affiliate Program. If you do not generate at least ten (10) click-throughs or at least one sale per month through Qualifying Links, you may be removed from the Affiliate Program. Either party may terminate a Special Offer at any time by deleting its acceptance through the Affiliate Network, and such termination of a Special Offer shall not be deemed a termination of this Agreement or any other Special Offers. Sections 3(c), 6, 8(b), 8(c), 10-20 and 24 (together with all other provisions that may reasonably be interpreted as surviving termination or expiration of this Agreement) will survive any termination or expiration of this Agreement.
(b) Upon termination of this Agreement, you will immediately cease use of, and remove from your website, all links to our website and all Merchant Content.
(c) You are only eligible to earn a Revenue Share on sales of products occurring during the term of this Agreement, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned by a customer. In addition, we may invoice you for Revenue Share that was paid to you prior to termination if those referral fees relate to products that are subsequently canceled or returned by a customer or as a result of your violation of this Agreement. In the event an overpayment is made by us, you agree to promptly remit such overpayment to us upon notification by us. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
XIII. Modification of Agreement
We reserve the right to modify this Agreement, at any time in our sole discretion, by posting a change of notice or a new agreement on the Affiliate Network, and, if applicable, on the Merchant Website. If any modification is unacceptable to you, you agree that your sole recourse is to terminate this agreement. Your continued use of the merchant content and participation in this affiliate program following any modification of this agreement shall constitute conclusive and binding acceptance to any modification or new agreement.
XIV. Warranty Disclaimer
We make no warranties, representations, or guarantees, with regard to the products or services sold through the merchant website, the operation and maintenance of the merchant website or the Affiliate Network, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability, fitness for a particular purpose, or non-infringement or any implied warranty arising from course of performance, course of dealing, or usage of trade. Without limiting the generality of the foregoing, we make no representation that the operation of the merchant website will be uninterrupted or error-free.
XV. Limitation of Damages
We will not have any liability (whether in contract, warranty, tort (including, but not limited to, negligence), product liability or other theory) for any indirect, incidental, special, punitive, or consequential damages, even if we were advised of the possibility of such damages, or for any loss of revenue, data or profits arising under or with respect to this agreement or the affiliate program. Further, our aggregate liability arising under or with respect to this agreement or the affiliate program will in no event exceed the total revenue share paid or payable by us to you under this agreement during the preceding twelve (12) month period prior to the date such liability arose. All claims made hereunder by you against us shall be made within 120 days of the act or omission that forms the basis of such claims.
XVI. Independent Contractors
We, you, and FLD are each independent contractors and nothing in this Agreement or in any FLD affiliate program documents is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship.
XVII. Press Release & Publicity
You agree that you will not issue any press release or make any other similar public announcement that in any way makes any reference to us without our prior written consent, which consent may be withheld in our sole discretion.
XVIII. Force Majeure
Our performance under this Agreement shall be excused to the extent that such performance is hindered, delayed or made commercially impractical by causes beyond our reasonable control.
XIX. Headings
The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify, or place any construction upon or on any of the provisions of this Agreement.
XX. Assignment
You may not assign this Agreement or any of your rights or delegate any of your obligations under this Agreement, by operation of law or otherwise, without our prior written consent, and any such attempted assignment shall be void. Subject to such restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
XXI. Waiver
Our failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.
XXII. 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.
XXIII. Entire Agreement
This Agreement and the Revenue Share schedule represents the complete agreement and understanding between us and you and supersedes any other oral or written communications or understandings between us and you regarding the subject matter hereof. No amendment or modification to this Agreement will be binding upon us unless agreed to by an authorized representative of us.
DISCLAIMER 18+
WARNING. This site contains sexually oriented adult material intended for individuals 18 years of age or older. If you are not yet 18. By viewing this site you agree that you understand and the below terms:
18 YEARS AND OLDER
Finelovedolls.com cannot prohibit minors from visiting this site. Parents or guardians are responsible for supervising children and adolescents as to which materials are appropriate for them to view. Finelovedolls.com requires that all purchases be made by individuals over 18 years of age.
COPYRIGHT
Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Finelovedolls.com. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Finelovedolls.com’s prior written permission. All rights not expressly granted herein are reserved.
DISCLAIMER
This website is provided to you “As Is” without any warranties of any kind, express or implied. By using the website you agree to bear all risk associated with the use of these website and agree to hold harmless Finelovedolls.com, its officers, directors, employees, and agents from all claims arising out of or related to your use of, or inability to use, the websites to which they are linked. You further agree that Finelovedolls.com or the contributors of information to the website will not be liable for any damage or loss caused or alleged to be caused by you in reliance on such information.
All products on this website are for novelty use only. Finelovedolls.com makes no warranties of any kind, express or implied, of the product ordered from Finelovedolls.com is free from damage, manufacturer defect, and manufacturer misrepresentation. By submitting your order, you expressly acknowledge and agree to the following: Finelovedolls.com shall not be liable to any purchaser, or other person, for any injury, loss or damage, whether direct, indirect, incidental, special or consequential, regardless of the legal theory asserted including negligence, and or strict liability.
CHARGEBACK
We log IP strings on all orders – any orders coming back as a chargeback due to fraudulent activities will be diligently pursued through your local jurisdiction for prosecution to the fullest extent of the law.
To make a purchase at Finelovedolls.com, you agree that you will not file any dispute/claim or chargeback with your credit card company on any order that you have made at Finelovedolls.com.
Finelovedolls.com considers credit card chargeback to be fraud if you made no reasonable effort to notify us that a problem existed and allow us considerable time to resolve or clarify the or matter.
We do not tolerate credit card fraud. No expense will be spared and all fraud without exception will be prosecuted to the full extent of the law. In addition, we will pursue civil legal action seeking any loss of income related to the fraud, including business, legal fees, research costs, employee down time and loss of revenues.
All frivolous chargeback not only costs our employees time away from our usual and customary matters of conducting normal business, but costs us money, therefore:
You agree that if you choose to make a purchase from Finelovedolls.com and file a dispute/claim or chargeback with your credit card company for a situation that contradicts our terms & conditions which you agree to when placing your order OR have not allotted us sufficient time to acknowledge, confirm, and research the situation; and as of any result, you do not win the charge back argument or dispute/claim.
In the event that you win the chargeback with your credit card company, Finelovedolls.com will attempt to recover fraudulently disputed charges plus additional costs via a third-party collection agency. The information reported will include full name, email, order date, order amount, IP address, full address and phone number.
