1. Bonus. The Qualified Affiliates (defined below) awarded the Bonus will receive two tickets to Super Bowl XLIV at Dolphin Stadium on February 7, 2010. Various, Inc. will also provide for the airfare reimbursement (economy class), hotel accommodations and meals for 2 evenings for the affiliate and one guest, including a Super Bowl dinner on Saturday hosted by your affiliate manager. In lieu of the Super Bowl trip, $10,000 may be substituted.
2. Eligibility. Any affiliate ("affiliate" "you," or "your") automatically becomes a qualified affiliate ("Qualified Affiliate") and is eligible to receive a December Super Bowl XLIV Bonus Award (the "Bonus") by:
a. Participating in the affiliate program by sending traffic for a minimum of 30 days during the period of October 15, 2009 to December 31, 2009.
b. Earning at least $500 during the period of October 15, 2009 to November 1, 2009.
3. Terms and Definitions.
a. "Earnings" are located in the "Your Cut" section of your affiliate statistics page and is based upon GID. Earnings exclude any previously awarded bonuses and may be subject to adjustments.
b. "Your daily average earnings base": Earnings during the period of October 15, 2009 to November 15, 2009 divided by 32.
c. "Current average earnings": Earnings during December 2009 divided by 31.
d. "Daily average earnings increase": Current average earnings divided by Your daily average earnings base.
4. Bonus Determination. We will notify you on the Bonus Details page of your current standing during the course of the Bonus timeline.
a. Bonus based upon Earnings increase during December 2009: The Qualified Affiliates with the eight highest increases in Earnings during December 2009 when measured against the Earnings increases of other Qualified Affiliates during the same period will receive the Bonus.
b. Bonus based upon Daily average earnings increase: The Qualified Affiliates with the two highest Daily average earnings increases receive the Bonus.
5. One Bonus per Affiliate. Only one Bonus will be awarded to a Qualified Affiliate. In the case that one or more Qualified Affiliates rank both in the top eight of the Earnings increase category and the top two of the Daily average earnings increase category, the next ranked Qualified Affiliate in the Daily average earnings increase category will be awarded the Bonus.
6. Bonus Announcement. Affiliates receiving the Bonus will be announced on or about January 15, 2010.
7. Date of Bonus:
a. The Bonus includes accommodations based upon a Saturday, February 6, 2010 arrival (in the Miami metropolitan area) and a departure on the following Monday.
b. The affiliate manager dinner will be held on Saturday, February 6, 2010
c. The cash option will be paid by or before January 31, 2010.
8. Employees Not Eligible. Employees, and their immediate family members, agents and vendors (other than advertising affiliates) of Various, Inc., including, its subsidiaries, its parent company, Friendfinder Networks Inc. and its affiliated entities (hereinafter collectively "Various") are not eligible to participate.
9. Compliance with Affiliate Network Agreement. To receive the Bonus, the affiliate must be in good standing and in compliance with the terms and conditions of the Various' Affiliate Network Agreement.
10. Collusion. Qualified Affiliates acting in collusion with each other to increase their Earnings will be disqualified from receiving the Bonus.
11. Miscellaneous. The names of participating affiliates will not be disclosed. However, we reserve the right to publicize the name of the Affiliates awarded the Bonus. An affiliate may be required to sign a release (of publicity rights) in order to claim the Bonus. Various has the final interpretation of the Affiliate Network Agreement and the rules of this Bonus. Any and all disputes are governed by California law and subject to mandatory arbitration in accordance with rules and standards JAMS (http://www.jamsadr.com) in Santa Clara County. Parties are responsible for their own expenses and legal fees. Affiliate (including any accompanying guests) awarded the Bonus will defend, indemnify and hold Various harmless for his, her, its or their actions, including those of their guests'. Taxes, if any, on bonus awards are the sole responsibility of Affiliate.
