Affiliate Agreement

MadBros Affiliate Program Agreement

This Affiliate Program Agreement (the "Agreement") is entered into between you, the Affiliate, and Nonvis SAS, a French société par actions simplifiée registered with the Paris Trade and Companies Register (RCS Paris) under number 100660349, having its registered office at 27 boulevard Saint-Martin, 75003 Paris, France ("Nonvis", "we", "us", "our"), operator of the MadBros platform (the "Website"). It governs your participation in the MadBros affiliate program (the "Program"), which is operated through CCBill's affiliate system.

1. Definitions

"Affiliate" means the person or company that has applied to the Program and has been approved by Nonvis.
"Approved Site" means each website or other traffic source that Nonvis has individually reviewed and approved in writing for use in the Program.
"CCBill" means the payment processor whose affiliate system is used to register Affiliates, generate tracking links, track sales and calculate and pay commissions.
"Affiliate ID" and "Tracking Link" mean the unique identifier and the unique link that CCBill's affiliate system generates for an approved Affiliate.
"Qualified Sale" means a paid subscription or purchase on the Website that is made by a customer who reached the Website through the Affiliate's Tracking Link and that is validly tracked and attributed by CCBill to the Affiliate ID.
"Commission" means the amount payable to the Affiliate for a Qualified Sale, as shown in the Affiliate's account in CCBill's affiliate system.

2. Eligibility

The Program is open only to persons who are at least eighteen (18) years old (or of the age of majority where they live, if higher) and who have the legal capacity to enter into this Agreement. By applying, you confirm that the information you provide about yourself and your sites is accurate, complete and up to date, and you agree to keep it so.

3. Application and Approval

To apply, you must register through CCBill's affiliate sign-up and give us the address of each site you wish to use. Registration is an application only and does not by itself entitle you to take part in the Program. Nonvis is notified of each new registration, reviews the application and the site(s) concerned, and approves or rejects it. Until Nonvis has approved your application you must not use your Tracking Link, and Nonvis may deactivate the account, or keep it deactivated, until the review is complete. Nonvis may accept or reject any application at its sole discretion.

Before approving a site, we check that it:

is a genuine, operating website, consistent with what you declared (for example, an adult-content review, directory or comparison site);
does not show, link to or promote illegal content or content prohibited by Section 5;
does not show or promote AI-generated or synthetic adult content;
itself uses a recognized and compliant adult-industry payment processor (such as CCBill or Epoch);
does not use a name, domain or branding that could be confused with ours or with a third party's.

We may refuse an application, or cancel an approval, if the information provided is inaccurate or if a later review shows that these conditions are no longer met. You may not use the Program before you have been approved. Even if your account is technically active in CCBill's system before our review is complete, we are not obliged to pay any Commission on traffic sent or sales made before the date of approval, and we may ask CCBill to cancel or withhold it. An account that is not approved, or that no longer meets these conditions, is deactivated.

4. Approved Sites and Traffic Sources

You may promote the Website only on your Approved Sites, using standard website placements (banners, text links, reviews, listings). To add a new site or traffic source, you must first obtain our written approval, which is subject to the same review as in Section 3. You must tell us promptly if the ownership, domain, content or payment processor of an Approved Site changes.

5. Prohibited Content and Practices

You must not promote the Website on, or send us traffic from, any site or source that, or through any practice that:

shows, links to or promotes content that is illegal under French law, EU law or the law of the place where the content is hosted or accessed;
shows or links to any depiction of nudity or sexual activity involving a minor, or a person who appears to be under 18 or who is presented as a minor;
shows or links to non-consensual sexual content, sexual violence, torture, bestiality, content connected with human trafficking or sexual exploitation, or non-consensual intimate images;
shows or promotes AI-generated or synthetic adult content, including deepfakes of real persons;
shows pirated, stolen or leaked content or infringes anyone's intellectual property, privacy or image rights;
is aimed at minors, or lets minors access adult content without effective age controls;
involves spam, unsolicited messages, malware, adware, forced redirects, pop-ups or pop-unders, cookie stuffing, or any deceptive technical way of generating clicks or sales;
involves incentivized, bot-generated or otherwise fraudulent traffic, or your own purchases or purchases by people connected with you;
involves bidding on or buying advertising using our brand names, trademarks or domain names, or registering domain names that are identical or confusingly similar to them;
misrepresents your relationship with us, for example by suggesting that we own, sponsor or endorse your site;
promotes the Website in a place or in a way that would itself be unlawful.

6. No Sub-Affiliates

Sub-affiliation is not permitted. Each Affiliate account corresponds to a single, identifiable Affiliate and to Approved Sites that we have reviewed ourselves. You may not recruit other affiliates or publishers, pass on or resell your Tracking Link, or let an unapproved third party use it or send traffic through it. If you do, we may suspend your account immediately while we investigate, and we may terminate it.

7. Legal Compliance and Age Verification

You are solely responsible for your Approved Sites and everything on them. You must comply with all laws that apply to you and to your sites, including the rules on the protection of minors and age verification for adult content, consumer protection, advertising, electronic commerce, personal data and cookies. You must not let your sites be used to give minors access to adult content.

8. Marketing Materials

We may give you banners, texts and other promotional materials ("Materials"). We grant you a limited, non-exclusive, non-transferable and revocable right to use them, unaltered, on your Approved Sites for the sole purpose of promoting the Website. You may not modify them, use them anywhere else, or use images or names of performers other than as supplied in the Materials. All rights remain with Nonvis and its licensors. When your account ends, you must remove all Materials and Tracking Links from your sites within forty-eight (48) hours.

9. Tracking, Commissions and Payment

Tracking, attribution, calculation and payment of Commissions are handled by CCBill's affiliate system. The Commission rates, payment schedule and minimum payout are those shown in your account in that system, and CCBill's own terms for affiliates also apply to you. Each sale is attributed to your Affiliate ID, so every transaction can be traced to the Affiliate and to the traffic source that referred it.

Commission is payable only on Qualified Sales. It is reduced or cancelled if the sale is refunded, cancelled or charged back. We may change the Commission rates or structure for future sales by giving you notice. Nonvis is not responsible for errors, delays or interruptions in CCBill's systems, but will help you in good faith to resolve any problem with a missing or incorrect Commission.

10. Fraud and Chargebacks

You are not entitled to any Commission on a sale that we or CCBill reasonably consider to result from fraud or abuse, including:

self-referrals or purchases made by you or by people connected with you;
sales generated by bots, scripts or incentivized traffic;
the use of stolen or suspicious payment cards;
sudden, unusual spikes in sales, or an abnormal number of chargebacks, refunds or cancellations from traffic you send.

We may withhold payment while we investigate and may terminate the account of an Affiliate whose traffic produces abnormal chargebacks or fraud.

11. Monitoring and Cooperation

We may review your Approved Sites and traffic at any time, and we re-review active Affiliates periodically. You agree to answer our questions and to provide the information and evidence we reasonably request about your sites, your content and your traffic sources within five (5) business days. You agree that we may share information about you and your sites with CCBill, our other payment processors, acquiring banks and card networks, and with the authorities, where this is required for compliance or by law.

12. Notification and Reporting

You must tell us immediately if you receive a complaint, a request or an inquiry about illegal content, content involving minors, non-consensual content, intellectual property infringement, spam, fraud or privacy, or if you become the subject of an investigation, a court order or a request from an authority that relates to your sites. If we find content or activity linked to the Website that may involve human trafficking or sexual exploitation, we will deal with it as set out in our Anti-Human Trafficking Policy, including by reporting it to the competent authorities.

13. Suspension and Termination

We may suspend or terminate your account immediately, without notice and without liability, if you breach this Agreement, if a review shows that an Approved Site no longer meets the conditions of Section 3, or if we are asked to do so by a payment processor, bank, card network or authority. In that case we will disable your Tracking Link, and you are not entitled to Commission on traffic sent or sales made in breach of this Agreement. Either party may also end this Agreement at any time, with or without a reason, by giving written notice to the other. After termination, Section 8 (removal of Materials) and Sections 14 to 17 continue to apply.

14. Independent Contractor and Taxes

You act as an independent contractor. Nothing in this Agreement creates a partnership, joint venture, employment or agency relationship between you and Nonvis. You are responsible for all taxes, social charges and declarations related to the Commissions you receive.

15. Warranties and Indemnification

You declare and warrant that you own or have the right to operate your Approved Sites, that they comply with this Agreement and with the law, and that you have the power to enter into this Agreement. You agree to indemnify and hold Nonvis harmless from any claim, loss, damage and expense (including reasonable legal fees) arising from your breach of this Agreement, your sites or your traffic.

16. Limitation of Liability and Confidentiality

The Program and the Materials are provided "as is". To the maximum extent permitted by law, Nonvis is not liable for indirect or consequential loss, loss of profit or loss of data, and its total liability to you under this Agreement is limited to the Commissions payable to you for the month before the event giving rise to the claim. Nothing in this Agreement excludes liability that cannot be excluded by law. You must keep confidential any non-public information about Nonvis, the Website or the Program that we give you, and use it only for the purposes of the Program.

17. Changes to this Agreement

We may update this Agreement from time to time. We will tell you of material changes by email or through your affiliate account. If you continue to take part in the Program after the change takes effect, you accept it; if you do not accept it, you may end your participation at any time.

18. Governing Law and Jurisdiction

This Agreement is governed by French law. Any dispute arising from it that cannot be settled amicably is subject to the exclusive jurisdiction of the courts of Paris, France, without prejudice to any mandatory rule that gives you the right to bring proceedings elsewhere. If any provision of this Agreement is found to be invalid or unenforceable, the other provisions remain in force. This Agreement is written and interpreted in English.

19. Acceptance and Contact

You accept this Agreement by registering for the Program through CCBill's affiliate sign-up, or by taking part in the Program. This Agreement, together with CCBill's affiliate terms that apply to you, is the entire agreement between you and Nonvis about the Program.

Questions about the Program or this Agreement can be sent to support@madbrosx.com.