Terms and Conditions - Affiliate Program
The term of this Agreement will begin upon our acceptance of your 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 written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of and remove from your site all links to https://destinykingpro.com, all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Destiny King Productions reserves the right to end the Program at any time. Upon program termination, Destiny King Productions will pay any outstanding earnings accrued above $100.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
You may not issue any press release concerning this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between you and us, say you develop our products, say you are part of Destiny King Productions, or express or imply any association or affiliation between you and us or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in withholding referral fees and/or the termination of this Agreement.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for the following:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
Customers who buy any Website Design and Development or Social Media Marketing services through this Program will be deemed our customers. Accordingly, our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program per our pricing policies. As a result, product prices and availability may vary from time to time. Because price changes may affect products you have listed on your site, you should not display product prices. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
As an Affiliate, you will earn a commission on any Website Design and Development or Social Media Marketing service purchased by a referral that you have brought to Destiny King Productions. The commission will be a recurring payment of 10% of the referral's total purchase price.
Commissions will be paid on a recurring basis, meaning that you will receive a payment each time the referral makes a purchase from the business as long as it is either the Website or Social Media service.
The payments will continue for up to one year as long as the referral remains a business client.
To be eligible for a commission, the referral must claim you as their referee within 30 days of signing up for a Destiny King Productions service. If the referral does not claim you as their referee within this time frame, the referral will not be eligible for the affiliate program, and you will not receive a commission on their purchases.
Commissions will be paid out through PayPal or similar payment service. It is the responsibility of the Affiliate to provide Destiny King Productions with a valid payment method to receive commissions. Destiny King Productions reserves the right to hold or delay payment of commissions for any reason, including but not limited to investigation of fraudulent activity or violation of the Terms of Service.
In its sole discretion, Destiny King Productions has the right to suspend or terminate your Account and refuse any and all current or future use of the Program or any other Destiny King Productions service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. In addition, Destiny King Productions reserves the right to refuse Service to anyone for any reason.
MODIFICATIONS TO THE PROGRAM AND PRICES
Destiny King Productions reserves the right to modify, suspend, or discontinue the Affiliate Program at any time without notice. Additionally, Destiny King Productions reserves the right to change the commission rate at any time but will provide information to Affiliates before doing so.
LIMITATION OF LIABILITY
Destiny King Productions will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising concerning this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
This Agreement is governed by the laws of the State of Washington, and you hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating to the use of the Affiliate Program.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement, or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this Agreement shall be conducted under the rules prevailing by the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
If any provision of this Agreement is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions of this Agreement will remain in full force and effect.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of Destiny King Productions will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
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 websites similar to or competing with your website. You have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as outlined in this Agreement.
COMPLIANCE WITH LAWS
As a condition of your participation in the Program, you agree that while you are a Program participant, you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. In addition, without limiting the foregoing obligation, you agree that as a condition of your participation in the Program, you will comply with all applicable laws (federal, state, or otherwise) that govern marketing email, including, without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
If you have any questions about these Terms of Service, please get in touch with us at firstname.lastname@example.org.