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Terms and Conditions
Introduction
Program Enrollment
Linking Requirements
Partner's Responsibilities
Order Processing
Licenses
Commissions and Payment Schedule
Spam
Agreement Modification
Agreement Terms
Indemnification
Independent Investigation
Warranty Disclaimers
Agreement Terms
IMPORTANT: PLEASE READ THE FOLLOWING CAREFULLY
BEFORE AGREEING TO PARTICIPATE IN THE DHANDIA.COM AFFILIATE PROGRAM
(THE "AFFILIATE PROGRAM"). YOUR PARTICIPATION IN THE DHANDIA.COM
AFFILIATE PROGRAM IS CONDITIONED UPON YOUR ACCEPTANCE OF ALL THE TERMS
AND CONDITIONS CONTAINED IN THIS AGREEMENT. BY SELECTING THE "ACCEPT"
BUTTON AT THE BOTTOM OF THE ONLINE APPLICATION, YOU ARE ENTERING INTO
A LEGAL AGREEMENT WITH DHANDIA.COM, FORMALLY INDICATING YOUR
ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT SELECT THE
"ACCEPT " BUTTON AT THE BOTTOM OF THE ONLINE APPLICATION.
Introduction
Defined terms in this Agreement include the
following: (a) "you" or "your" means you, the applicant applying to
participate in the Program, and upon our acceptance of your
application, the Affiliate, (b) "we" or "us" or "our" means
DHANDIA.com. (c) "our web site" means the DHANDIA.com web site
currently located at http://www.DHANDIA.com, (d) "your web site" means
the World Wide Web site from which you will link to our web site, (e)
"Affiliate" means a party accepted as a member of the Program, (f)
"User" means a customer who links from your web site to our web site,
(g) "Products" means any merchandise offered for sale by us on our web
site. (h) "Affiliate Site" means an Affiliate web site that has been
accepted as an Affiliate of DHANDIA.com and (i) "Link" or "Links"
means banner advertisements, buttons, links or text links that link to
the DHANDIA.com web site.
Program Enrollment
To begin the enrollment process in the Program,
you must complete the DHANDIA.com Affiliate Application and accept the
terms and conditions of the Agreement. Once you have accepted this
Agreement, we will review your completed Affiliate Application and
inform you whether or not you have been accepted as an Affiliate. We
reserve the right to accept or reject Affiliates at our sole
discretion. We may reject your application if we determine, at our
sole discretion, that your web site is inappropriate or objectionable.
Web sites that are objectionable or inappropriate include sites that:
Promote violence, are libelous, disparaging or
defamatory
Promote illegal activities
Promote discrimination based on age, disability,
nationality, race, religion, sex or sexual orientation
Contain little or no original content (such as
sites that are 'under construction')
Contain images that are sexually explicit,
obscene, harmful or harassing
Contain otherwise objectionable material
Incorporate materials that infringe upon third
party copyright, trademark or other intellectual property rights
Are not accessible at the time of our application
review
If we reject your application, you may not
participate in the Program at this time, although you may re-apply to
be an Affiliate at any time thereafter. We reserve the right, at our
sole discretion, to reject an Affiliate application even after we have
communicated acceptance to you, or to remove an Affiliate from the
Affiliate Program at any time.
Linking Requirements
When you become an Affiliate Site in our
Affiliate Program, we will provide you with Links that will allow
Users to your Web site to be transported directly when they click on
the Link to Products on our Web site. As an Affiliate, you may display
these Links on your Web site subject to the terms and conditions
contained herein. All Links are subject to our approval and we will
provide you with the information that you need to enable you to make
appropriate Links to our Web site from your Web site. By accepting the
terms of this Agreement, you agree that you shall cooperate fully with
DHANDIA.com to maintain such Link or Links. You further agree that (a)
such Link or Links shall be displayed prominently throughout your Web
site as you see fit and with our consent, (b) no Link or Links shall
be modified, expanded or reduced in any way without our consent and
(c) no Link or Links on your Web site shall in any way modify the
look, feel and/or functionality of our Web site. We reserve the right
to monitor your Web site at any and at all times to make certain that
you are in compliance with the terms and conditions of this Agreement.
You shall be fully responsible for all content, links and activities
conducted on your Web site. We disclaim all liabilities related to
such matters. You agree to indemnify DHANDIA.com and hold us harmless
(as well as our employees, officers, agents, directors and affiliated
entities) from all liability claims, damages and expenses (including,
without limitation, attorneys' fees) relating to the development,
operation, maintenance, activities, contents and links of your Web
site.
In accordance with the LinkShare Terms and
Conditions, You agree that You shall not:
Place or use any Link of DHANDIA.com except with
the intention of delivering valid sales, leads, applications,
accounts, clicks or other specified compensable actions;
Inflate the number of applications, accounts,
clicks or other specified compensable actions or any impressions of
the DHANDIA.com web site, by any method or using any hidden frames,
java pop ups, Web bot, robot, automatic redirecting of users,
autospawning of browsers, or any other technique or means of
generating automated click-throughs, requiring visitors to click on
DHANDIA.com's Link before entering any area of Your Site(s), by
placing or including Promotions or links on pages of Your Site that
automatically reload or go to another page without interaction from
the user (for example, client pull or server push technology, METATAG
reload, or refresh command on page html) or on any page that is not
generally accessible to all Web users (for example, pop-up windows and
hidden frames);
Affiliates using any of the aforementioned
techniques or methods to establish a click, and/or place a cookie on a
users computer will be terminated without notice and forfeit all
outstanding and future commissions.
Partner's Responsibilities
Partner will link its site to areas within
DHANDIA.com's site using special URLs specified in the Engagement (the
"Required URLs"). Partner may post as many links to the Required URLs
and the rest of DHANDIA.com's site as it likes on Partner's site. The
position, prominence and nature of links on the Partner's site shall
comply with any requirements specified in the Engagement, but
otherwise will be in the discretion of Partner.
Partner agrees not to make any representations,
warranties or other statements concerning DHANDIA.com, DHANDIA.com's
site, any of DHANDIA.com's products or services, or DHANDIA.com's site
policies, except as expressly authorized by the Engagement.
Partner is responsible for notifying DHANDIA.com
and The LinkShare Network™ of any malfunctioning of the Required URLs
or other problems with Partner's participation in the Engagement.
DHANDIA.com will respond promptly to all concerns upon notification by
Partner.
At any time prior to Partner providing a
Qualifying Link, DHANDIA.com may with or without notice (a) change,
suspend or discontinue any aspect of an Offer or an Engagement or (b)
remove, alter, or modify any graphic or banner ad submitted by
DHANDIA.com for an Offer or an Engagement. Partner agrees to promptly
implement any request from DHANDIA.com to remove, alter or modify any
graphic or banner ad submitted by DHANDIA.com that is being used by
Partner as part of an Engagement
Order Processing
We will be responsible for processing orders
placed by customers acquired through the links. We reserve the right
to reject orders that do not comply with any requirements that we may
periodically establish. We currently ship only to addresses in the
U.S. & Canada.
Licenses
You grant us a non-exclusive license to utilize
your names, titles, logos, trademarks and urls (collectively, the
"Affiliate Trademarks") to advertise, market, promote and publicize in
any manner our rights hereunder; provided, however, we shall not be
required to advertise, market, promote or publicize your Web site. You
hereby represent and warrant that you are the sole and exclusive owner
of the Affiliate Trademarks and have the right and power to grant us
the license to use the same contemplated in this Agreement and that
such grant does not and will not (a) breach, conflict with or
constitute a default under any agreement or other instrument
applicable to you or binding upon you or (b) infringe upon any
trademark, trade name, service mark, copyright or other proprietary
right of any other person or entity. This license shall terminate upon
the effective date of the expiration or termination of this Agreement.
Affiliate Partner agrees not to bid on
DHANDIA.com trademarks or variations thereof, including, but not
limited to: DHANDIA.com, DHANDIA, or DHANDIA.com, within any and all
pay-for-placement, paid inclusion and other search engines. In
addition, Affiliate may not claim to be DHANDIA.com, Inc. in any
pay-for-placement, paid inclusion or other search engines, and must
clearly state the nature of the Affiliate relationship. Affiliates
violating this policy may be terminated without notice and forfeit all
commissions.
Commissions and Payment Schedule
In compliance with the conditions below the
commission structure of the DHANDIA Affiliate program is as follows:
eight percent (8%) on sales up to $500 in a given month, nine percent
(9%) on sales over $500 in a given month and ten percent (10%) on
sales over $1000 in a given month. In our sole discretion we may
increase or decrease the revenue share percentages at anytime.
Approximately thirty days after the end of each calendar month during
the term of this Agreement, we will pay you the Referral Fees due for
the month. All Referral Fees will be paid in United States Dollars.
Payment schedule may vary during Christmas and Valentine's periods.
Notwithstanding the foregoing, no payment will be made for any month
in which less than twenty-five dollars ($25.00) in Referral Fees were
earned (the "Minimum Payout"); such Referral Fees will be accrued and
paid once at least twenty-five dollars ($25.00) in Referral Fees has
been earned. The Minimum Payout amount and payment schedule may be
changed at any time in our sole discretion.
We will have no obligation to pay any Referral
Fee for orders that are (i) cancelled or returned or (ii) placed after
the termination of this Agreement. All Referral Fees previously paid
with respect to orders that are cancelled or returned shall be
deducted from the next payment due. Ineligible Commission
You will not be eligible for Commission under the
following circumstances:
A User comes to DHANDIA through your website but
purchases using a discount code or a reference code that discounts
their purchase, unless the code is provided to you directly from the
DHANDIA affiliate managers or its obtained from the "links" section in
the LS web site.
A party comes to DHANDIA through your website and
does not purchase anything and then returns to DHANDIA via another
affiliate or partner at a later date and then makes a purchase, the
second partner or affiliate will receive commission for the sale.
A party comes to DHANDIA through website and
returns after 30 days by entering our URL directly, then you will not
receive commission for that later purchase.
If the User cannot be tracked for any reason, by
our online ordering system.
Spam
Partner understands that the use of unsolicited
commercial e-mail ("spam") by affiliates is absolutely prohibited.
Your participation in the DHANDIA.com affiliate program constitutes
your specific and unconditional agreement to abide this anti-spam
policy. Proper e-mail solicitation, however, can be an important means
of advertising your site and your relationship with DHANDIA.com. The
following rules represent best practices, which are permitted under
this agreement:
If an "opt-In" system exists for your line of
business and target market, you may use it. (Opt-In systems are those
where the user specifically requests to be placed on a mailing list.)
Violation of this rule will result in the
suspension or termination of your affiliate relationship with
DHANDIA.com including the forfeiture of any commissions from the date
of the offending e-mailing.
Agreement Modification
We may modify any of the terms and conditions
contained in this Agreement, at any time and in our sole discretion,
by posting a change notice or new agreement on our site. Notice of any
change to this Agreement delivered by e-mail, to your address on our
records, or the posting of a new agreement on our Web site is
considered sufficient notice for notifying you of a modification to
the terms and conditions of this Agreement. Modifications may include,
but are not limited to, changes in the scope of available Referral
Fees, the Commission schedule, payment procedures and Affiliate
Program rules. All such modifications shall take effect 48 hours after
we serve notice as provided above, unless we indicate otherwise. If a
modification is unacceptable to you, your sole recourse is to
terminate this Agreement. Your continued participation in the
Affiliate Program following our posting of a change will constitute
binding acceptance by you of such change.
Agreement Terms
All links from your site to our site contain a
unique identifier so that every time a user comes to us via your site,
you receive credit when a purchase is made. This is made possible with
HTML links we create for you through a tag generator on DHANDIA.com's
Affiliate Site.
Agreement Terms
The term of this Agreement will begin upon our
acceptance of your Affiliate Program application and will end when
terminated by either party. Either you or we may terminate this
Agreement at any time, with or without cause, by giving the other
party notice of termination. You are only eligible to earn referral
fee payment(s) on sales occurring during the term, and referral fee
payment(s) earned through the date of termination will remain payable
only if the related DHANDIA.com Product orders are not canceled or
returned, provided, however. We may withhold your final payment for a
reasonable time to ensure that the correct amount is paid.
Indemnification
You hereby agree to indemnify, defend and hold
DHANDIA.com and its affiliates, directors, officers, employees and
agents, harmless from and against any and all liability, claims,
losses, damages, injuries or expenses (including reasonable attorneys
fees) incurred by DHANDIA.com as a result of a breach, or alleged
breach, of any of your representations or obligations herein.
Independent Investigation
You acknowledge that you have read this Agreement
and agree to all of 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 competitive with your web
site. You further understand that we may make available additional
private offers to our affiliates at our sole discretion. 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 the Agreement.
Warranty Disclaimers
We hereby disclaim, and you hereby release us,
from any and all liability for downtime or other interruptions in
service regarding the links and/or our web site without limiting the
foregoing. The links, the "Licensed Trademarks," are provided to you
'as is,' without any warranty of any kind. We make no warranties or
representations of any kind with regard to the Program or any
products, express or implied, statutory, arising by law or otherwise,
including, without limitation, any implied warranties of title,
non-infringement, merchantability, fitness for a particular purpose,or
arising out of course of performance, course of dealing or usage of
trade. We do not warrant that our web site or products will be error
free, function without interruption or that any errors will be
corrected. If as a matter of law we may not disclaim any warranty, the
scope and duration of such warranty shall be the minimum permissible
under applicable law.
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