|
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND POPPYDOG WEB SERVICES, INC. ("PoppyDog") BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
All members of the PoppyDog Affiliate program are required to agree to the following Terms and Conditions. Anyone determined by PoppyDog to have violated these terms and conditions is subject to dismissal from the PoppyDog Affiliate program. Dismissal relieves PoppyDog from any obligation to record and award affiliate earnings. This Agreement contains the complete terms and conditions that apply to your participation to the PoppyDog Affiliate Program. All uses in this agreement of the words "PoppyDog", "we", "us", "Advertiser", or "our" refers to PoppyDog Web Services. All uses of the words "Affiliate Program Member", “your account” and "you" refers to you, the Applicant. Member means an applicant who has completed the application and has been accepted by PoppyDog into the PoppyDog Affiliate Program. "Your site" means the site on the World Wide Web which you specify in your application and which you own. The PoppyDog site means http://www.poppydog.com. PoppyDog ACTIVELY monitors traffic for Fraud. If we detect Fraud, your account will be made inactive pending further investigation. All web sites, companies, or individuals need official approval from PoppyDog before they can become an Affiliate Program Member. Only web sites that have been reviewed and approved are permitted to use the programs. PoppyDog reserves the right to withhold or refuse approval on any web site, company, or individual for any reason, whatsoever. In order to be eligible for Affiliate Program Member approval, all web sites must meet the following criteria:
If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation (as determined solely by PoppyDog, such as pre-population of forms or mechanisms not approved by PoppyDog), you will forfeit your entire commission for all programs and your account will be terminated. PoppyDog reserves sole judgment in determining fraud, and you agree to this clause. It is the OBLIGATION of the Affiliate Program member to prove to PoppyDog that they are NOT committing fraud. PoppyDog will hold your payment in 'Pending Status' until you have satisfactorily provided evidence that you are not defrauding the system. We flag accounts that:
Commission cash payment totals must exceed $50.00 otherwise this payment will not be made until the $50.00 minimum is reached. Affiliate Program Member agrees not to carry objectionable materials on their web site which would revoke their affiliation as determined by PoppyDog. Affiliate Program Member will only run approved banners and text in their advertising of our programs and will NOT create their own banners or advertising text, unless expressly approved in writing from PoppyDog. Violation of this forfeits your commissions. Affiliate Program Member WILL NOT spam or send unsolicited email mentioning or promoting the Affiliate program. Any violation of this will result in the Affiliate Program Member being liable for damages of $1.00 per email sent and other damages as deemed by a court of law. Editing of an Advertiser's program images or copy is strictly prohibited. Affiliate Program Member will only use approved banners and text to link to an Advertiser's sign-up pages. Affiliate Program Member will not mislead people to make it seem that they are signing up for an offer that is offered by the Affiliate Program Member site. Affiliate Program Member can ONLY use banners and approved text, any other use of link and sign-up processes will result in the loss of all sign ups/leads accrued for the Affiliate Program Member. PoppyDog reserves the right to terminate any Affiliate Program Member contract for any reason whatsoever. Termination notice will be provided via e-mail and will be effective immediately. All legitimate moneys due to Affiliate Program Member will be paid during the next billing cycle. If Affiliate Program Member defrauds the system, then payment is revoked as determined solely by PoppyDog. You guarantee that all content, products, and services on your web site are legal to distribute and that you own or have the legal right to use any and all copyrighted material. Affiliate Program Member irrevocably covenants, promises and agrees to indemnify PoppyDog and to hold PoppyDog harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims resulting from member's web pages. If any Affiliate Program Member violates or refuses to take part in their responsibilities, or commits fraudulent activity against us, PoppyDog reserves the right to withhold payment and take appropriate legal action to cover its damages. PoppyDog reserves the right to change any conditions of this contract at any time. Change notices are sent to Affiliate Program Member by email, and Affiliate Program Members are responsible for complying with any changes to the contract within 10 calendar days from the date of change. Failure of the Affiliate Program Member to terminate the agreement within those 10 calendar days will constitute acceptance of the changes to this contract. PoppyDog gives no warranty, express or implied, for any and all services and products provided, including, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service by PoppyDog or its upstream providers. You agree to settle any dispute under this agreement under the laws of Canada and the province of British Columbia. Any litigation arising under this Agreement will be brought in to the courts located in British Columbia, Canada, and you irrevocably consent to the jurisdiction of such courts. Any legal action taken by an advertiser, agency, client, person, or entity against PoppyDog for actions of you (the Affiliate Program Member) that violate these terms and conditions, you accept that PoppyDog will work with the advertiser, agency, client, person, or entity to divulge your personal information. You also agree that PoppyDog is not liable for your actions, and you will bear all costs (legal or otherwise) that PoppyDog incurs if PoppyDog is sued by advertiser, client, agency, person, or entity. If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby. |