Terms of Service and Conditions
Please read the following CAREFULLY:
The DMRC Affiliate program is dedicated to making affiliate marketing (performance marketing) a safe, reliable and successful means of doing business for everyone involved. As such, we do not tolerate any criminal, fraudulent, misleading or abusive activities. DMRC employs a knowledgeable team who perform daily monitoring activities with software for the purpose of investigating any potentially fraudulent or misleading material that may lead to confusion for any third party users. Therefore, the following DMRC Affiliate Program Terms of Service and Conditions must be agreed to as a “code of conduct” and strictly observed by all DMRC Affiliate Members. This agreement is applicable to all websites and businesses owned and operated by the Affiliate. If you are aware of any alleged violation of these Terms of Service and Conditions by any DMRC Affiliate, you are encouraged to immediately contact us by using the Contact Us
form at affiliates.digitalmrc.com
This is a legal agreement (“Agreement”) between Digital Media Resources Company (“DMRC” “company” “we” or “us”) and Affiliates (“web developers/ applicants/”you”). The following offer to an applicant is subject to all of the terms, conditions, limitations and waivers below. By filling out and submitting the ‘Sign Up
’ form located on the ‘Sign Up
’ page and by participating in the program, applicant acknowledges and agrees to be bound by all of the Terms of Service and Conditions in this Agreement. The Agreement becomes effective from the date DMRC receives the registration application from the Applicant.
Any violations of these Terms of Service and Conditions may result in the immediate and/ or permanent suspension of an Affiliate and the withholding of any ill-gotten gains, in addition to any other rights or remedies, which DMRC may have.
ACCEPTANCE OF TERMS
This Affiliate Program Agreement (the "Agreement") is a legal agreement and contains all of the terms of service and conditions between Digital Media Resources Company, hereinafter referred to as “DMRC” and you, together with any agency, company or other business entity you are representing, if any, (collectively, the "Affiliate") who is participating in the DMRC Affiliate Program (the "Program"). BY REGISTERING FOR THIS PROGRAM THE AFFILIATE AGREES TO BE BOUND BY THE TERMS OF SERVICE AND CONDITIONS OF THIS AGREEMENT. If you do not agree to the terms of this Agreement do not register for the Program.
By accepting the Terms of Service and Conditions of this Agreement, the Affiliate agrees that DMRC may change and revise the Terms of Service and Conditions of this Agreement by its sole discretion without consent of the Affiliate Member. After the revision of the Agreement, the revisions will be effective immediately and apply to all the relations between DMRC and the Affiliate Members.
If Affiliate does not agree to the changes proposed by DMRC or to any terms in this Agreement, Affiliate's sole and exclusive remedy is to cancel the Affiliate's participation in the Program. Notwithstanding the foregoing, DMRC reserves the right to terminate, cancel, suspend or refuse access to the DMRC Affiliate Program to anyone at its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Program shall be subject to this Agreement.
Either party may not assign this Agreement without the prior written consent of the non-assigning party. Notwithstanding the foregoing, DMRC may assign this Agreement to any acquirer of all or of substantially all of its equity securities, assets or business(es) related to the subject matter of this Agreement. Any attempted assignment in violation of this Agreement shall be null and void and without effect. This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement and may be changed only in writing signed by both parties. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures. The services hereunder are offered by Digital Media Resources Company located at 5420 W. Sahara Avenue, Suite 102, PMB 151, Las Vegas, Nevada 89146,United States of America.
VIOLATI0N OF LAWS, RULES AND REGULATIONS
A Violation of any of the below Terms of Service and Conditions will result in action by Digital Media Resources Company (up to and possibly including the termination of your affiliate account), with or without warning.
Affiliates must comply with all laws of the locality in which they are located and in which the offers are being promoted. Without exception, Affiliates in the United States must comply with the Children's Online Privacy Protection Act, Telephone Consumer Protection Act, Federal Trade Commission Act
and all rules, regulations and guidelines set forth by the Federal Trade Commission
and all other applicable federal and state laws whether or not listed in this agreement
SUBSCRIBER REFERRAL AND REGISTRATION
1. DMRC Affiliate Link.
Affiliate may be eligible for certain commissions for every Subscriber the Affiliate refers to DMRC. To be eligible for such commissions, each referral must originate from a specially coded DMRC Affiliate Link. For purposes of this Agreement, "DMRC Affiliate Link" means a visible graphic or textual indication which, when selected by an end-user, directs the end-user's Internet browser connection to a DMRC-specified page or file via a URL and which establishes a direct connection between the browser and the DMRC specified page or file. Affiliate shall place the DMRC Link on the Affiliate website or otherwise provide DMRC’s Affiliate Link to a respective Subscriber, which will allow DMRC to track any person, entity or otherwise who clicks through the DMRC Affiliate Link to register for digital services.
2. Linking to DMRC.
The necessary electronic graphic artwork and corresponding links to DMRC's website and all HTML thereto for the DMRC Affiliate Link shall be available to Affiliate via affiliates.digitalmrc.com. Such link may only be in the form of text, a button, a banner or any other format provided by DMRC. Affiliate shall not modify or alter the DMRC Affiliate Link without prior written consent of DMRC. The HTML for such link will also include a special promotion identifier that enables the tracking and reporting of all Subscribers acquired through the DMRC Affiliate Link. Affiliate is responsible for integrating the DMRC Affiliate Link into Affiliate's website properly and for providing the DMRC Affiliate Links to Subscriber in the proper format, which includes ensuring that, as between the DMRC Affiliate Links and the DMRC website, each of the DMRC Affiliate Links properly utilizes the aforementioned special identifier link formats. DMRC SHALL NOT BE LIABLE TO AFFILIATE WITH RESPECT TO AFFILIATE'S FAILURE TO PROPERLY INTEGRATE THE DMRC AFFILIATE LINK, INCLUDING TO THE EXTENT THAT SUCH FAILURE MAY RESULT IN ANY REDUCTIONS OF COMMISSION FEES (AS DEFINED BELOW) THAT WOULD OTHERWISE BE PAYABLE TO AFFILIATE UNDER THIS AGREEMENT.
3. Tracking and Reporting.
For the purposes of this Agreement, tracking and reporting will be provided by DMRC utilizing the NATS4 software. During the term of this Agreement, Affiliate will create a unique ID and password which will permit Affiliate access to password-protected Web pages located at http://www.digitalmrc.com so that Affiliate may receive statistics regarding the number of Subscribers that originated from the DMRC Links. The reports available in the DMRC Affiliate Program Members area will also detail the Commission Fees that are due to Affiliate in accordance with the Fee Schedule (as defined below). The form, content and timing of the foregoing reports may vary from time to time at DMRC's sole discretion. Affiliate agrees and acknowledges that the statistics and reports provided by DMRC are the official, definitive and final measurements of the number of Subscribers that have originated from the DMRC Affiliate Link as well as the fees payable to Affiliate from DMRC pursuant to the terms of this Agreement.
1. License Grant of DMRC Affiliate Link.
Subject to all the terms of service and conditions of this Agreement, DMRC hereby grants to the Affiliate a restricted, non-exclusive, non-transferable license to use and publicly display the DMRC Affiliate Link, solely for their receipt, access, use and viewing in the manner described herein. DMRC retains all rights, title, and interest in and to all of the copyrights, patent rights, trademark rights and other proprietary rights to the DMRC Affiliate Links pursuant to this Agreement.
2. DMRC’s Affiliate Link License Restrictions.
In addition to any other restrictions herein on the use of the DMRC Affiliate Link, Affiliate agrees to the following: (i) Affiliate shall not access, transmit, display or otherwise make available (or allow end-users or any other third party to transmit or make available) DMRC Affiliate Link to any third party, except as explicitly provided herein; (ii) Affiliate shall not alter, delete or modify any attributions included within the DMRC Link; (iii) DMRC shall have the right, in its reasonable discretion and upon notice to Affiliate, to require Affiliate to immediately cease any and all use of any particular DMRC Affiliate Link: and (iv) Affiliate may not impose any separate charges or fees for use or access to the DMRC Affiliate Link.
3. License Grant of DMRC’s Logos.
Subject to all the terms of service and conditions of this Agreement, DMRC hereby grants Affiliate a non-exclusive, non-transferable license to use the DMRC trademarks, logos, and copyrighted material (“DMRC Marks") solely on the Affiliate's website and solely in connection with this Agreement. Affiliate hereby acknowledges and agrees that (i) the DMRC Logos are owned solely and exclusively by DMRC or its subsidiaries, (ii) except as set forth herein, Affiliate has no right, title or interest in or to the DMRC Logos; and (iii) all use of the DMRC Logos by Affiliate shall inure to the benefit of DMRC and its subsidiaries. Affiliate agrees that it shall not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and/or reputation of DMRC or of any DMRC Logo.
4. Use and Display of DMRC Logos.
Affiliate acknowledges and agrees that the presentation and image of DMRC Logos should be uniform and consistent with respect to all services; activities and products associated with the DMRC Logos. Accordingly, Affiliate agrees to use the DMRC Logos solely in the manner in which DMRC shall specify from time to time at DMRC’s sole discretion.
5. Marketing Practices.
With respect to soliciting Subscribers and marketing DMRC’s Services, all advertising and promotional materials are subject to the terms of service and condition of this Agreement. DMRC may request to review and approve any Affiliate’s marketing materials, including but not limited to any e-mails or e-mail campaigns. Affiliate further agrees: (i) to be solely responsible for all expenses and fees incurred in connection with the participation in the Program; (ii) use best efforts to successfully market, advertise and sell DMRC Services during the term of this Agreement; (iii) not engage in any deceptive, misleading, illegal, or unethical practices that may be detrimental to DMRC or its products or services; (iv) not make any representations, warranties, or guarantees on behalf of DMRC or otherwise concerning DMRC services that are inconsistent with or in addition to any such representations, warranties, or guarantees made by DMRC; and (v) use the then-current name as used by DMRC (but will not represent or imply that Affiliate is an employee, part of, or affiliated with DMRC).
6. Search Marketing Restrictions.
Affiliate agrees not to bid on words which may include or be related to DMRC Logos or similar terms, which may include but not be limited to, “Digital Media Resources Company,’ ‘Digital Resources Co.,’ ‘DMRC,” “DMRC.com,” “www.DigitalMRC.com,” or “DMRC".
7. Loyalty Program and Incentive Offers Restrictions.
In the event that Affiliate wishes to offer prizes, points or cash offers as incentives or as part of a loyalty program, Affiliate shall provide DMRC with written notice of its intent to implement any such program (“Incentive Program Notice”). Upon receipt of such Incentive Program Notice, DMRC in its sole discretion shall provide approval for any such program and may modify the Affiliate’s commission payment and conditions.
1. Affiliate will create a process by which e-mail recipients may opt-out of receiving future e-mails from Affiliate. Affiliate must have the necessary processes in place to immediately remove such e-mail addresses from its e-mail list. Affiliate must maintain a ‘Do Not E-mail’ list and every opt-out request must be placed on this list.
2. If Affiliate intends to generate e-mail through a third party supplier, Affiliate must disclose the identity of that supplier to DMRC. Affiliate is responsible for all e-mails generated on Affiliate’s behalf by a third party and such e-mails must comply with all requirements set forth in this Agreement.
3. Affiliate must comply in all respects with the CAN-SPAM Act of 2003. Among other things, Affiliate must have all lists scrubbed against its ‘Do Not E-mail’ list before any e-mail campaign begins and at least every ten (10) days during each campaign.
4. DMRC may request that Affiliate immediately stop any e-mail campaign containing DMRC Content or DMRC Logos, for any reason, at its sole discretion.
AFFILIATE REPRESENTATIONS AND WARRANTIES
Affiliate represents and warrants that:
1. Affiliate has the full and legal power and authority to enter into this Agreement, and/or to perform its obligations hereunder.
2. By entering into this Agreement, Affiliate does not violate any other agreement by which Affiliate is bound.
3. With respect to any performance hereunder, Affiliate shall comply with good business practices and all applicable laws, regulations and rules of any government body or agency or other competent authority.
4. Affiliate will comply with the applicable then-current Member Agreement.
5. Any website created or built by Affiliate shall not include (i) child pornography or other obscene content, (ii) illegal content, or (iii) any other inappropriate material.
1. Payment Terms.
Subject to the terms of service and conditions of this Agreement and pursuant to the then-current Payout Schedule set forth on the DMRC Affiliate website (the "Payout Schedule"), Affiliates will be paid a Commission Fee ("Commission Fee") by DMRC for each person who purchases a membership. For an Affiliate to earn a Commission Fee for a Subscriber, the Subscriber must have i) followed the DMRC Affiliate Link that is provided to the Subscriber by the Affiliate or is otherwise located on the Affiliate's website to the DMRC website; ii) the Subscriber must have successfully purchased a valid membership to one of DMRC’s download websites; and iii) DMRC must have received valid payment from the Subscriber. Affiliate submits an invoice between the fifth (5th) of the month and the twentieth (20th) of the month from the end of the previous month in which the Affiliate earns a commission. Notwithstanding the above, if the Affiliate does not earn $200 in the initial month and thereafter $150 in Commission Fees then payment shall be rolled over to the next month until the Affiliate has accrued the amount for a minimum payout.
DMRC shall not be liable with respect to any Commission Fees not received by Affiliate as a result of Affiliate's failure to submit an invoice or notify DMRC of a change in Affiliate's principle place of address. DMRC shall have no obligation to pay Commission Fees per any promotion, promotion code, coupon or coupon promotional opportunity that is not specifically authorized by DMRC for the Affiliate Program.
2. Payment Options.
Fees are drawn from Affiliate Commission. Predominately DMRC sends payouts via wire transfers but we also offer regular checks. Domestic check by standard U.S. mail ($10 USD); Domestic Wire Charge ($25 USD); International Wire ($40 USD); International Wire Currency ($45 USD). Check Re-issuance fees are applied for replacement checks.
Form W-9 must be completed by all the Affiliates during initial sign up. Excluding any taxes based on DMRC’s income, Affiliate shall be solely responsible for all tax returns and payments required to be filed with or made to any federal, state or local tax authority based on Affiliate's revenue or income under this Agreement or any Client Agreement. A form 1099 will be issued to the Affiliate by DMRC for tax purposes.
The Computation Period of the Standard of This Service
Every first day of the month until the last day of the month will be considered as one computation period. Once the payment period ends then the Affiliate submits the payout invoice between the fifth (5th) and the twentieth (20th ) of the month and is subsequently paid between the first (1st) and the seventh (7th) of that following month.
Effective Number of Sales
Based on the above standard, the number of membership sales in a month will be counted as a valid count of the month. However, duplicate accounts due to double registration become invalid. According to certain situations, when the sales-count system changes, an Affiliate will be notified from DMRC.
Change of Commission
If the commission rate changes due to a change in the foreign exchange rate DMRC can change the charge of commission. DMRC will not notify an Affiliate in advance. When a payday is changed, an Affiliate is notified in advance.
Affiliate commissions will be paid out monthly with a minimum amount of $200 for the initial payout and $150 thereafter (includes deposit service charge). If the total amount of commission after service charge is less than $200 on the initial payout or $150 for subsequent payouts then the payment will be postponed until the amount reaches the required minimum.
Effective immediately and indefinitely, if an individual who registered with a credit card has a charge back, the amount will be deducted from the Affiliate’s total commission.
DMRC maintains the authority to deactivate any account that is found suspect to fraudulent activity. DMRC shall have no obligation to pay Commission Fees to Affiliate for Subscribers if it is determined in good faith by DMRC that there has been fraudulent activity on the Affiliate's website. For exemplary purposes only without limitations, if an unreasonable number of Subscribers have originated from the DMRC Affiliate Links on Affiliate's website(s) during any period of time, then DMRC shall have the right to examine Affiliate's records to the extent necessary to determine whether any fraudulent activity has occurred involving the DMRC Links on Affiliate's website and/or Affiliate's account at the Reporting Site. Furthermore, DMRC shall have no obligation to pay commission fees to Affiliate in the event of Subscriber obtaining a charge back or refund or if DMRC determines in good faith that Subscribers created their accounts solely for the purpose of aiding and abetting Affiliate to increase commission amounts without the intent of being a long term DMRC Subscriber.
The following are suspect to DMRC as possible fraudulent action and could result in the immediate disbarment from the DMRC Affiliate Program:
1. Click to Sale ratios is equal, and evident justification does not exist;
2. False redirects for the sole purpose of generating high click rates.
3. Children. Affiliates may not use any marketing channels or resources that are known to or target individuals under the age of eighteen (18) or the legal age of majority in their nation.
4. False Claims. You may not make any guaranty or representation on behalf of an Advertiser or its products or services that has not been approved in writing by such Advertiser in advance.
5. Cookie stuffing, link interception and falsifying orders.
6. Using evasion tactics to hide the affiliate link when the visits are either from DMRC or from search engine editorial bots checking on paid ads.
7. Credit card fraud
Unjust Use of a Credit Card
If a Subscriber’s credit card account number is revealed due to a fraudulent act, a part of the settlement will be deducted from the Affiliate’s total sales. Should the Affiliate perform unlawful acts, his or her registration will be revoked and the entire proceeds will be confiscated.
Affiliates may not represent any offer in a deceptive, misleading or unfair manner. By way of example, affiliates may not: state that an offer is "free", at "no cost" or use similar phrases when there is a cost to the consumer, such as, marketing memberships as free or no cost when in fact the consumer must make a purchase in order to obtain the service. The affiliate must display explicit “terms of service and conditions” for all continuity and rebill offers. The affiliate must not claim that a service or product can do more than it promises, such as, marketing that a customer can meet an actress or model, when in fact he may only see her in a film or in live chat.
Surveillance by the System
All illegal acts will be detected and recorded by the system. DMRC will be the judge of which act is considered illegal or unacceptable. DMRC is under no obligation to explain its decisions.
When an Affiliate or Agency Performs an Unjust Act
DMRC reserves the right to cancel a contract with an agency which breaks the agreement, or performs such acts as spamming and other social unethical or immoral acts. Should DMRC suffer damages as a result of such acts, the amount of money corresponding to the damage can be deducted and offset from the payment margin to the Affiliate.
CONFIDENTIALITY OF INFORMATION
Each party agrees that it may have access to confidential or proprietary, technical or business information of the other party and/or its suppliers, including but not limited to, the content of this Agreement (collectively, "Confidential Information"). Each party will maintain the strict confidentiality of the Confidential Information of the other party and will not disclose the Confidential Information to any third party and shall exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own Confidential Information (in no event less than reasonable care). Furthermore, neither party will use the Confidential Information for any purpose except those contemplated by this Agreement. This information includes all of the information displayed in an account management system and all the information written to the e-mail transmitted by our company.
ID & Password
An Affiliate must not reveal any ID and/or password to any third party. DMRC will not reveal any ID and /or password of an Affiliate for any requests by a third party. However, in case the Affiliate claims the loss of information, he can receive his own information after his ID was verified.
No personal information should be revealed on any such pages, including Personal Telephone Numbers, Names, E-mail Addresses, Mailing Addresses, etcetera unless a user has provided their prior consent to such disclosure.
Affiliate acknowledges and agrees that he/she shall not attempt to switch, divert, or convert a Subscriber from the DMRC Services to any product or service that is competitive to DMRC products or services. Competitive brand bidding (bidding on our competitors trademarks) is prohibited.
Affiliates are prohibited from registering domains that contain our brand or typos of our brand.
DMRC reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Program (or any part thereof) with or without notice. Affiliate agrees that DMRC shall not be liable to Affiliate or to any third party for any modification, suspension or discontinuance of the Program. In the event that Affiliate does not agree with any such modification, Affiliate shall terminate its participation in the Program, which shall be Affiliate's sole and exclusive remedy.
• Term and Termination.
Unless terminated earlier as provided herein, this Agreement shall remain in full force unless otherwise terminated by DMRC. Either party may terminate this Agreement at any time upon providing notice to the other party.
•Effect of Termination.
In the event that this Agreement is terminated for any reason, Affiliate will only be eligible for Commission Fees earned as a result of Subscribers who were acquired up to the date of termination or expiration. Upon termination or expiration of this Agreement, all licenses granted under this Agreement shall terminate and Affiliate will immediately cease use of, and remove from the Affiliate's website, all DMRC Logos, DMRC Materials, and DMRC Affiliate Links. Termination or expiration of this Agreement shall have no effect with respect to any rights or obligations existing under a Client Agreement. Except to the extent expressly provided to the contrary in this Agreement, any rights to Commission Fees earned, any right of action for breach of the Agreement prior to termination, and the following provisions shall survive the termination of this Agreement: Sections 6,7,8,11,13,14. Furthermore, upon termination or expiration of this Agreement and upon DMRC request, Affiliate shall either return or destroy any Materials or other Confidential Information provided to Affiliate by DMRC. Termination. DMRC reserves the right, in its sole and absolute discretion, to terminate or suspend a Publisher for an actual or suspected violation of these Terms of Service and Conditions.
Affiliate shall defend and indemnify at its expense, and hold DMRC and each of its affiliates, directors, officers, agents, employees and sub-licensees harmless from losses, damages, liabilities, costs and expenses, including without limitation, any proceeding, investigation or claim, to the fullest extent permitted by law arising out of or in connection with: (a) Affiliate's performance under this Agreement or any Client Agreement; (b) an assertion that the information, content or other materials or services provided or made available by Affiliate infringe any copyright, patent, trademark or other property right of any third party; (c) any breach by Affiliate of its obligations, representations and warranties under this Agreement; or (d) any claim related to the content on Affiliate's website or content provided by Affiliate to a Client for a Client Site. Affiliate shall notify DMRC promptly in writing of any claim or proceeding involving DMRC.
DMRC SHALL NOT BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT, OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IN CONNECTION WITH THIS AGREEMENT, EVEN IF DMRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WEBSTARTS BE LIABLE TO AFFILIATE OR ANY THIRD PARTY IN AN AGGREGATE AMOUNT GREATER THAN THE AMOUNT PAID TO AFFILIATE BY WEBSTARTS HEREUNDER.
Limitation of Liability
DMRC SHALL NOT BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT, OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IN CONNECTION WITH THIS AGREEMENT, EVEN IF DMRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DMRC BE LIABLE TO AFFILIATE OR ANY THIRD PARTY IN AN AGGREGATE AMOUNT GREATER THAN THE AMOUNT PAID TO AFFILIATE BY DMRC HEREUNDER
The parties are independent contractors and no agency, partnership, franchise, joint venture or employment relationship is intended or created by this Agreement. Neither party has the power or authority as agent, employee or any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever. Affiliate is solely responsible for all of its employees or agents and its labor costs and expenses arising therewith. DMRC will not furnish or otherwise reimburse Affiliate for any office space, office or business equipment, clerical support, telephone, travel, or any other expense which Affiliate may incur as a result its performance under this Agreement.
Sub-affiliates. Affiliates may not engage or permit any affiliates, sub-affiliates, re-sellers or advertising networks to promote or distribute a DMRC offer unless there exists an enforceable contract with such party that contains prohibitions substantially similar to those set forth in this Agreement and such contract has been approved in advance in writing by DMRC.
In order to maintain any affiliation with DMRC, publishers must not encourage, foster or include any of the following content within, or one click away from, a Website or E-mail used in connection with an offer or DMRC:
● Personal advice when regarding monetary investments;
● Bigotry and/or hate promoting for any type of race, ethnicity, religion, or political party and any other distasteful content;
● Terrorist affiliations or promotions of any kind;
● Content that violates the intellectual property rights of any third party,
including copyrights and trademarks;
● Software that collects Internet users data for the use of commercial or personal use without complying with all applicable laws, including those related to privacy
● any intention of hacking;
● any material that discriminates against disability of any kind, age, gender or sexual orientation;
● any promotion of illegal substances or activities;
● any software that is placed with the intention of harming the functionality of the Internet users computer software, hardware or telecommunications (such as viruses);
● any redirecting or “spoofing” with the sole purpose of gaining traffic;
● Gambling or Lotteries;
● any content that is libelous toward another or threatens to harm others, whether physically or emotionally.
Affiliates may not use any third party content (such as graphics, text, video, audio) without the prior written consent of such third party, except to the extent permitted by applicable law.
I, certify under penalty of perjury that I am above the age of eighteen (18). I agree to the terms and conditions of this agreement.