TERMS AND CONDITIONS
This DoNotRentTo.com
Affiliate Program Agreement (the "Agreement") sets forth the terms
and conditions regarding the DoNotRentTo.com Affiliate Program (the
"Program") DoNotRentTo.com.
BY CLICKING ON
THE "SUBMIT" BUTTON AT THE END OF THE AFFILIATE APPLICATION, YOU (IF
YOU ARE ACTING ON BEHALF OF YOURSELF AS AN INDIVIDUAL) OR YOUR COMPANY (IF YOU
ARE ACTING ON BEHALF OF YOUR COMPANY) (THE "AFFILIATE") AGREE(S) TO
BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE
AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.
1.
Enrollment in the Program. To begin the enrollment process, the Affiliate
will submit and complete Affiliate Program application via DoNotRentTo.com. DoNotRentTo.com will not evaluate the Affiliate's
application. You are automatically accepted. DoNotRentTo.com, however may reject your
application and reserves the right to terminate this Agreement for any reason
with or without notice to the Affiliate including but not limited to a
determination that the Affiliate Site is unsuitable for or incompatible with
the Program.
2.
Links. Affiliate agrees to promptly post at least one Link (the
"Affiliate Link(s)") to DoNotRentTo.com at one (or more) web sites
owned or operated by the Affiliate (the "Affiliate Site(s)") in no
event later than five (5) business days following DoNotRentTo.com acceptance of
the Affiliate into the Program. Affiliate Links may not be placed in counters.
Any Affiliate Link placed must be done so in such a way that it is not
misleading to any Affiliate Originated Visitor and done so with the intention
of delivering users to the DoNotRentTo.com Site for that Link. The Affiliate
acknowledges that the Affiliate Site will include the DoNotRentTo.com Brand
Features, and the Affiliate has no right to alter, remove, or customize the DoNotRentTo.com
Brand Features. The Affiliate will not use or display the Link(s) or the DoNotRentTo.com
Brand Features in a manner that is defamatory, misleading, libelous, and
obscene or otherwise potentially damaging to the reputation of DoNotRentTo.com,
or the goodwill associated with the DoNotRentTo.com Brand Features.
3.
Affiliate Obligations and Restrictions. Affiliate will be solely responsible for
the development, operation and maintenance of Affiliate Site and for all
materials that appear on Affiliate Site, including but not limited to: (a) the
accuracy and appropriateness of materials posted on Affiliate Site; and (b)
ensuring that materials posted on Affiliate Site do not violate or infringe
upon the rights of any third party. Affiliate agrees to refrain from the
following: (a) purchasing and/or using domain name(s) that incorporate any
portion of the DoNotRentTo.com Brand Features; (b) purchasing any search engine
keywords that outrank and/or outbid any of the DoNotRentTo.com Brand Features;
(c) identifying the Affiliate site as an "official site"
("affiliate" or "authorized affiliate" are permitted uses);
and (d) changing any DoNotRentTo.com Product price and/or offering any
additional Affiliate discounts or rebate on any DoNotRentTo.com Product.
Affiliate hereby agrees to indemnify, defend and hold harmless DoNotRentTo.com,
its shareholders, officers, directors, employees, agents, partners, successors
and assigns, from and against any and all claims, losses, liabilities, damages
or expenses (including, without limitation, attorneys' fees) arising from the
development, operation, maintenance and contents of Affiliate Site.
4.
Member Sign-up. DoNotRentTo.com will process members placed by users who follow the
Links from Affiliate's Site to DoNotRentTo.com's Web Site. DoNotRentTo.com
reserves the right to reject or withhold acceptance of memberships for any
reason or for no reason. DoNotRentTo.com will be responsible for all aspects of
member sign-up. The amount of sales generated using the Affiliated Links from
Affiliate Site to DoNotRentTo.com Site will be tracked by PostAffiliate Pro. Affiliate
will have access to Post Affiliate reporting tools. Affiliate can check the Affiliate Site's sales
activity on a daily basis. To permit accurate tracking and reporting, Affiliate
must ensure that the Links between Affiliate Site and DoNotRentTo.com Site are
properly formatted and are maintained.
5.
Commissions.
|
DoNotRentTo.com |
Flat $10 Bounty for
each Membership (for 1st year) |
6.
Payments. Subject to Section 5 above, DoNotRentTo.com will pay Affiliate
the Commissions and Bounties earned which payments will be calculated on a
monthly basis. Approximately thirty-days (30) days following the end of each
calendar month during the agreement, DoNotRentTo.com will use PayPal to fund for
the Commissions you earned in such month, less any other fees or reduction for
returns that DoNotRentTo.com is required by law to withhold, and excluding
fraudulent, redundant, or non-qualifying Commissions. If the Commissions
payable to Affiliate for any calendar month are less than $30.00, DoNotRentTo.com
will hold those fees until the total amount due is at least $30.00 (unless this
Agreement is terminated). Affiliate may be taxed on the accrual of Commissions,
depending on the tax laws of Affiliate's federal, state, and local
jurisdictions. Affiliate shall be responsible for any and all tax liability
arising out of your accrual or receipt of Commissions or Bounties and Affiliate
hereby agrees to indemnify and hold DoNotRentTo.com harmless from any and all
claims, damages and expenses (including, without limitation, attorneys' fees)
arising from such tax liability.
7.
License Grant. DoNotRentTo.com hereby grants to Affiliate a limited, nonexclusive,
royalty-free, nontransferable, worldwide license, without the right to
sublicense, to use, reproduce, publicly perform, distribute and display the DoNotRentTo.com
Brand Features and DoNotRentTo.com Content at the Affiliate Site solely in the
form delivered by DoNotRentTo.com. Affiliate is only entitled to use the DoNotRentTo.com
Brand Features and DoNotRentTo.com Content to the extent that the Affiliate is
a member in good standing in the Program.
8.
Reservation of Rights. DoNotRentTo.com reserves all rights other than those
expressly granted in this Agreement, and no licenses are granted except as
expressly set forth herein. DoNotRentTo.com retains all right, title, and
interest in and to the DoNotRentTo.com Brand Features and the DoNotRentTo.com
Site, together with all Intellectual Property Rights thereto. In addition, DoNotRentTo.com
shall establish all DoNotRentTo.com Product pricing and associated fees. DoNotRentTo.com
may, in its sole discretion, change the DoNotRentTo.com Product pricing with or
without notice.
9.
Program Information. DoNotRentTo.com will own all right, title and interest in
and to all information that is created or collected in the operation of the DoNotRentTo.com
Site including, without limitation: (i) any contact information collected from
any Affiliate Originated Visitors, (the "Contact Information"); and
(ii) any information collected about product sales at the DoNotRentTo.com Site
generated through the Affiliate Link(s), (the "Sales Information"). DoNotRentTo.com
(will/can) not share contact information to Affiliates and/or other third
parties. DoNotRentTo.com will make certain Sales Information available online
to Affiliate from time to time. Affiliate will not disclose any Sales
Information to any third party without DoNotRentTo.com's prior approval.
Subject to the terms and conditions of this Agreement, DoNotRentTo.com grants
to Affiliate a worldwide, non-exclusive, royalty-free license to use Sales
Information solely in the manner and subject to the restrictions set forth in
this Section. Each party shall comply with its respective privacy policies and
statements in handling, using and disclosing any Contact Information and Sales
Information.
10.
Termination. This Agreement will become effective on the Effective Date and
ends when terminated by either party in accordance with this Agreement. This
Agreement may be terminated (i) by DoNotRentTo.com, with or without cause, and
with or without notice to Affiliate, and (ii) by Affiliate, with or without
cause, by removing the DoNotRentTo.com Brand Feature from the Affiliate Site,
and notifying DoNotRentTo.com of its intention to terminate the Agreement. Upon
termination or expiration of the Agreement: (i) all licenses granted herein
shall terminate; (ii) Affiliate shall immediately remove any Affiliate Link(s)
and DoNotRentTo.com Brand Features from Affiliate Site; (iii) DoNotRentTo.com
will pay Affiliate any accrued and unpaid Fees, provided such fees exceed $20;
If DoNotRentTo.com should terminate this Agreement because Affiliate is in
breach of a material term, DoNotRentTo.com may withhold Commissions payable to
you in an amount equal to the amount by which DoNotRentTo.com believes in good
faith that we have been damaged by such breach, including prospective damages
and damages resulting from claims by third-parties caused by such breach.
11.
Modification. At any time and in DoNotRentTo.com's sole discretion, DoNotRentTo.com
may modify any of the terms and conditions contained in this Agreement by (i)
posting a change notice or a new agreement on .DoNotRentTo.com and/or (ii)
e-mailing a revised agreement to Affiliate. If any modification is unacceptable
to Affiliate, Affiliate's only recourse is to terminate this Agreement.
Affiliate's continued participation in the program following DoNotRentTo.com's
posting of a change notice or new agreement on DoNotRentTo.com and/or
affiliate's receipt of a revised agreement will constitute binding acceptance
of the modification.
12.
Disclaimer. THE DONOTRENTTO.COM SITE AND RELATED SERVICES ARE PROVIDED
"AS IS" WITH NO WARRANTY, AND DONOTRENTTO.COM EXPRESSLY DISCLAIMS ANY
WARRANTY, EXPRESS OR IMPLIED, REGARDING THE DONOTRENTTO.COM SITE, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR
COURSE OF PERFORMANCE. IN ADDITION, DONOTRENTTO.COM MAKES NO REPRESENTATION OR
WARRANTY THAT THE LINKS, THE TRACKING DATA, THE OPERATION OF DONOTRENTTO.COM'S
SITE, OR BE FREE'S PROCEDURES AND SYSTEMS FOR TRACKING AND REPORTING SALES
GENERATED BY YOUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND DONOTRENTTO.COM
SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS,
INCLUDING, WITHOUT LIMITATION, LOSS OF DATA. DONOTRENTTO.COM SHALL HAVE NO
LIABILITIES OR OBLIGATIONS UNDER WARRANTY OR OTHERWISE TO ANY OF YOUR CUSTOMERS
FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR
PERFORMANCE OF DONOTRENTTO.COM'S PRODUCTS or SERVICES.
13.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL DONOTRENTTO.COM BE
LIABLE WHETHER IN TORT, CONTRACT OR OTHERWISE FOR INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO
DAMAGES FOR ANY LOSS OF REVENUE, PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION OR DATA, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR
SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS) ARISING FROM OR RELATING TO ANY
PROVISION OF THIS AGREEMENT OR THE PROGRAM. WITHOUT LIMITING THE FOREGOING, DONOTRENTTO.COM'S
AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE
TOTAL FEES PAID OR PAYABLE TO AFFILIATE UNDER THIS AGREEMENT.
14.
Authority. If the person entering into this Agreement is acting on behalf of
his or her company, such person represents to DoNotRentTo.com that he or she
has all requisite corporate power and authority to enter into this Agreement on
behalf of Affiliate, that this Agreement has been duly authorized by Affiliate
and that this Agreement will constitute the legal, valid and binding obligation
of Affiliate. Such person hereby agrees to indemnify and hold DoNotRentTo.com
harmless from any and all claims, damages and expenses (including, without
limitation, attorneys' fees) arising from any breach of this Section.
15.
Relationship of Parties. Affiliate and DoNotRentTo.com are independent
contractors, and nothing in this Agreement will create any partnership, joint
venture, agency, franchise, sales representative, or employment relationship,
or the relationship of principal and agent between the parties. Affiliate will
have no authority to make or accept any offers or representations on DoNotRentTo.com's
behalf. Affiliate will not make any statement, whether on Affiliate Site or
otherwise, that reasonably would contradict anything in this Section.
Affiliate, as an independent contractor, will have sole responsibility for its
expenses, employees, sales representatives and agents.
16.
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 AFFILIATE PROGRAM AND ARE NOT RELYING ON
ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET