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Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. BY SUBSCRIBING AND ENROLLING TO THE DREAM-MARRIAGE.COM AFFILIATE PROGRAM YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. CONSULT AN ATTORNEY IF YOU DO NOT UNDERSTAND THIS AGREEMENT.
These Terms and Conditions govern participation in the Dream-Marriage.com Affiliate Program. The Program is offered to individuals or entities operating other web sites subject to these Terms and Conditions. The term "Affiliate" shall refer to any individual or entity who joins the Dream-Marriage.com Affiliate Program and accepts these Terms and Conditions by changing the “I Disagree” drop-down menu to “I Agree” at http://affiliate.Dream-Marriage.com.com to subsequently create an affiliate account and everybody else referring sales to Dream-Marriage.com in return for compensation. Dream-Marriage.com may amend or otherwise modify this Agreement. Affiliate agrees that Dream-Marriage.com's posting of any amendments or modifications to this web site shall constitute adequate notice to Affiliate and that Affiliate shall periodically consult this web page for any changes or amendments to this Agreement.
1.0 DREAM-MARRIAGE.COM AFFILIATE PROGRAM
The Dream-Marriage.com Affiliate Program enables users to add certain links and promotional features to their web sites for which they will be eligible for compensation in accordance with, and subject to, these Terms and Conditions. Dream-Marriage.com reserves the right, in its sole discretion, to alter the Program at any time for any reason or for no reason at all. Dream-Marriage.com reserves the right, in its sole discretion, to terminate the Program at any time for any reason or for no reason at all.
2.0 REGISTRATION AND ACCEPTANCE
2.1 Age of Consent. By registering for the Program and accepting these Terms and Conditions, Affiliate represents and warrants that he or she is of the legal age of consent in all applicable jurisdictions and, in any event, is at least 18 years of age.
2.2 Authority to Participate. By registering for the Program and accepting these Terms and Conditions, Affiliate represents and warrants that he or she can lawfully bind him or herself to these Terms and Conditions and can lawfully participate in the Program in the jurisdiction(s) where Affiliate is located. No Affiliate may participate in the Program where doing so would be prohibited by any law or regulation having the force of law applicable to Affiliate.
2.3 Information Submitted by Affiliate. By accepting these Terms and Conditions, Affiliate represents and warrants: (i) that all information submitted by Affiliate in registering for the Program is true, accurate, current, and complete; and (ii) that Affiliate shall maintain and update information submitted in registering for the Program in order to keep it true, accurate, current and complete at all times. If any information that Affiliate submits in the registration process is untrue, inaccurate, not current or incomplete, Dream-Marriage.com shall have the right to terminate Affiliate's participation in the Program.
2.4 Binding Acceptance. In order to participate in the Program, Affiliate will be required to enter certain registration information and to change the “I Disagree” drop-down menu to “I Agree” at http://affiliate.Dream-Marriage.com.com and subsequently create an affiliate account. BY PROVIDING REGISTRATION INFORMATION AND CHANGING THE DROP DOWN MENU TO “I AGREE”, AFFILIATE AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS.
3.0 AFFILIATE'S OBLIGATIONS
3.1 Responsibility for Web Sites. Affiliate acknowledges and agrees that he or she shall be solely responsible for Affiliate's web site(s) and all content, products, services, and/or links displayed on or made available through or in connection with such web site(s). Affiliate shall especially not publish any content harming or otherwise damaging Dream-Marriage.com's reputation.
3.2 Minimum Activity Requirement. Affiliate acknowledges and agrees that Dream-Marriage.com's Affiliate Program is not designed for Affiliates to receive commissions for their own hosting account.
3.3 Use of Links, Promotional Materials, and Branding. Affiliate agrees that he or she will only use the links, promotional materials, and branding made available through the Program in the precise manner and mode by which such links, promotional materials, and branding are made available pursuant to the Program. Affiliate further agrees that he or she will only use such links, promotional materials, and branding for the purpose of establishing links to the Dream-Marriage.com web site, referring users to the services made available on the Dream-Marriage.com web site, and promoting the Dream-Marriage.com as an entity as well as Dream-Marriage.com’s services. Affiliate further agrees that he or she will only use the links, promotional materials, and branding made available pursuant to the Program as additions to the content displayed on his/her web site(s) and that such links, promotional materials, and branding shall not be the sole content on his/her web site(s). Affiliate agrees that he or she will always identify himself or herself as an Affiliate when promoting Dream-Marriage.com's services (i.e. through Google Adwords or Overture search engine campaigns) by putting the word "Affiliate" in such ads to avoid confusion.
3.4 Prohibited Conduct. Affiliate represents and warrants as follows:
- Affiliate is prohibited from using language in advertising campaigns such as "Official Site", "Main Site", Official Representative", "Official Anything" or any other language that might confuse viewer of such an advertisement. Dream-Marriage.com reserves the right in its sole discretion to determine what language or action might confuse viewers.
- Affiliate will not alter the links, promotional materials, and branding made available pursuant to the Program and will only use such links, promotional materials, and branding in the exact shape, colors, design, and configuration in which such items are made available pursuant to the Program.
- Affiliate will display all links, promotional materials, and branding made available pursuant to the Program alone, with reasonable spacing between each side of such item and other graphic or textual elements.
- Affiliate will not use any links, promotional materials, and branding of Dream-Marriage.com other than those made available through the Program.
- Affiliate will not claim or hold itself out as claiming any sponsorship by, endorsement by, or affiliation with Dream-Marriage.com.
- Affiliate will not use the words "Dream-Marriage.com" or any variation thereof in its domain name.
- Affiliate will not use any computer program, robot, or other device, which causes Dream-Marriage.com to record a click-through or sale where no such click-through or sale has occurred.
- Affiliate will not violate or encourage any third party or entity to violate any law or regulation having the force of law, including, but not limited to, laws prohibiting the sale of certain goods and services, laws prohibiting the export of certain goods or services, and laws prohibiting the obscenity.
- Affiliate will not defame, impersonate or invade the privacy of any third party or entity or encourage any third party or entity to do the same.
- Affiliate will not engage in any conduct that infringes the rights of any third party, including, but not limited to, the intellectual property, business, contractual, or fiduciary rights of others or encourage any third party or entity to do the same.
Affiliate will not place links, promotional materials or branding made available through this Program on a web site(s) that violates or encourages others to violate any applicable law or regulation having the force of law, or that includes offensive or hate content, or that promotes discrimination based on race, sex, religion, sexual orientation, nationality, disability, or age.
Affiliate will ensure that its web site(s) will not inhibit a user's ability to return to the Dream-Marriage.com Network.
3.5 Audit. Dream-Marriage.com shall make available online to Affiliate activity reports from which the number of Dream-Marriage.com sales made by visitors to Affiliate viewable.
3.6 Email and Phone Contact. Affiliate hereby permits Dream-Marriage.com to contact Affiliate through email and phone and at Affiliate's mailing address, provided to Dream-Marriage.com by Affiliate, for the duration of this agreement. Due to Dream-Marriage.com's need to communicate with its Affiliates, Affiliate can not "opt-out" of Dream-Marriage.com's Affiliate mailing lists or phone list unless Affiliate terminates it's entire Affiliate relationship with Dream-Marriage.com.
4.0 COMPENSATION
4.1 Commissions. Dream-Marriage.com shall compensate each Affiliate in accordance with Dream-Marriage.com's then current commission schedule for each verified sale by a visitor to Affiliate, resulting in a new Dream-Marriage.com customer who remains in good standing for a period of at least 45 days after signup. If you are a United States citizen or resident or other non-foreign person, participation in the Program and payment of commissions is conditioned upon your satisfactory completion of Internal Revenue Service Form W-9 and any other tax forms that Dream-Marriage.com, in its sole discretion, determines to be necessary or appropriate.
4.2 Time of Payments and Minimum Commissions. Commissions shall be paid to Affiliate once per month within 45 days after close of a calendar month for all commissions earned in the previous month (i.e. all commissions earned between June 1 and June 30 will be paid on or before August 15); provided that Affiliate accumulates at least $100 in total commissions for a given month within a calendar year. No payment will be made for accumulated amounts under $100. Any unpaid commissions earned in one month shall be paid in the next month in which the total unpaid commissions earned by Affiliate exceed $100. Dream-Marriage.com reserves the right to reset all Affiliate accounts that have not accumulated more than $100 in commissions by December 31 of each calendar year to zero on January 1. Dream-Marriage.com reserves the right to suspend payment of Affiliate commission indefinitely, if it suspects improper activity or a potential breach of any of the terms in this Agreement. Dream-Marriage.com reserves the right to deduct from Affiliate's commission payment any and all commissions corresponding to any fraudulent, questionable, and cancelled Dream-Marriage.com purchases. Where no subsequent commission is due and owing, Dream-Marriage.com will send Affiliate a bill for the balance of such refunded sale upon termination of the program or termination of Customer.
We issue a commission fee to you based-on the number of first purchases by your clients who are registered via the Special Links.
We offer your choice of three different commission structures: Our Traditional Plan:Earn a percentage on each paid membership to Dream-Marriage.com
- Your clients (Referrals) made 1 to 9 first purchases a month – you make 50% (between $9.99 and $199 purchase)
- Your clients made 10 to 29 first purchases a month – you make 70% for sales (between $9.99 and $199 purchase)
- Your clients made more than 30 first purchases a month – 100% for sales (between $9.99 and $199 purchase) Flate Rate Commission on Sales:
- 1-40 leads/month: $2/lead
- 41-70 leads/month: $2.50/lead
- 71-150 leads/month: $3/lead
- 151-250 leads/month: $3.50/lead
- 251+ leads/month: $4/lead
Earn a flat $40/sale
Payment Per Lead:Earn money for each person who fills out a free registration.
5.0 TERMINATION
5.1 Termination. Affiliate's participation in the Program is terminable at any time and for any reason or for no reason at all, in Dream-Marriage.com's sole discretion. Without limitation, Affiliate's participation in the Program shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate's change in taxpayer status or upon Affiliate's violation of any of these Terms and Conditions or of any applicable law or regulation having the force of law. In addition, without limitation, Affiliate's participation in the Program may be terminated where Dream-Marriage.com, in its sole discretion determines: (1) that any content, goods, services, or links displayed on or made available through or in connection with Affiliate's web site(s) are obscene, indecent, vulgar, offensive, dangerous, slanderous, reputation damaging or are otherwise deemed inappropriate by Dream-Marriage.com, in its sole discretion; (2) that Affiliate or Affiliate's web site(s) is or has become the subject of a government complaint or investigation; or (3) that Affiliate or Affiliate's web site(s) threatens to violate either the letter of these Terms and Conditions or the spirit behind them.
5.2 Effect of Termination. Upon termination, Affiliate shall immediately cease and desist from exercising any rights conferred by these Terms and Conditions, including, without limitation, from making any use of the links, promotional materials, trademarks, and branding made available through the Program. Upon termination, Affiliate may not register for any subsequent participation in the Program or rejoin the Program, without the prior, written consent of Dream-Marriage.com.
6.0 AFFILIATE'S PRIVACY
6.1 Social Security Number or Taxpayer Identification Number. Any Affiliate who is a United States citizen or resident or other non-foreign person acknowledges that Affiliate's United States social security number or taxpayer identification number will be provided on any Internal Revenue Service Forms 1099 or any other tax forms required to be furnished to Affiliate and provided to the Internal Revenue Service to reflect commissions earned pursuant to the Program.
6.2 Password. Affiliate shall receive a password to access Affiliate's account. Affiliate is entirely responsible for any and all activities, which occur under Affiliate's password. Affiliate agrees to keep its password strictly confidential, to allow no other person or company to use its password, and to notify Dream-Marriage.com promptly if Affiliate has any reason to believe that the security of its account has been violated.
6.3 Contact. Dream-Marriage.com may contact Affiliate directly from time to time.
6.4 Privacy Policy. Except as expressly provided in these Terms and Conditions, information submitted by Affiliate in connection with the Program shall be governed by the Dream-Marriage.com Privacy Policy.
7.0 INDEMNITY
Affiliate agrees to indemnify and hold harmless Dream-Marriage.com, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including, without limitation, penalties, interest, reasonable attorneys' fees and costs claimed, demanded, or incurred in connection with any claim or demand, made by any third party due to or arising directly or indirectly out of Affiliate's conduct, Affiliate's web site(s), Affiliate's participation in the Program, any content, goods, services, or links displayed on or made available through or in connection with Affiliate's web site(s), any claim that Dream-Marriage.com is obligated to pay tax obligations in connection with compensation paid to Affiliate pursuant to the Program, any alleged violation of these Terms and Conditions, any alleged violation of any applicable law or regulation, or any alleged violation of any rights of another, including but not limited to Affiliate's use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Affiliate's web site(s). Dream-Marriage.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Affiliate, but doing so shall not excuse Affiliate's indemnity obligations. Dream-Marriage.com shall have the right to participate in the defense of all claims pursuant to this Section.
7.1 TAX OBLIGATIONS
Affiliate shall be solely responsible for all tax obligations due to all taxing authorities arising from or in connection with Affiliate's participation in the Program, including, without limitation, foreign taxes, United States federal, state, and local withholding taxes, FICA, FUTA, Social Security, Medicare, SUI, and any other such taxes and deductions ("Taxes") with respect to any earnings or payments made hereunder, whether or not Dream-Marriage.com legally is required to deduct said Taxes from the payments due to Affiliate hereunder. Affiliate understands and agrees that Dream-Marriage.com shall not be responsible for withholding any Taxes from any payments due to Affiliate. Affiliate agrees to indemnify and reimburse Dream-Marriage.com from any claim for assessment of Taxes by any foreign, United States federal, state, and/or local taxing authority, and any other costs and damages, arising from or in connection with the operation of this Section.
8.0 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
8.1 DISCLAIMER OF WARRANTIES. THE PROGRAM, INCLUDING ALL SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM, ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DREAM-MARRIAGE.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PROGRAM, INCLUDING THE SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH PARTICIPATION IN THE PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
12.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL DREAM-MARRIAGE.COM BE LIABLE TO AFFILIATE ON ACCOUNT OF AFFILIATE'S PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF THE PROGRAM, RELIANCE ON THE PROGRAM, INABILITY TO PARTICIPATE IN THE PROGRAM, OR FOR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE PROGRAM. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF DREAM-MARRIAGE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF THE PROGRAM, RELIANCE ON THE PROGRAM, FROM INABILITY TO PARTICIPATE IN THE PROGRAM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PROGRAM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PROGRAM OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE DREAM-MARRIAGE.COM NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
13.0 RELEASE
Affiliate hereby agrees to release Dream-Marriage.com and its parents, subsidiaries, affiliates, officers, directors, agents, shareholders, representatives, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that Affiliate may have against them arising out of or in any way related to such disputes and/or to the Program. Affiliate hereby agrees to waive all laws that may limit the efficacy of such releases.
14.0 NO RESALE, ASSIGNMENT, OR SUBLICENSING
Affiliate agrees not to resell, assign, sublicense, otherwise transfer, or delegate its rights or obligations under these Terms and Conditions without the prior express written authorization of Dream-Marriage.com.
15.0 FORCE MAJEURE
Under no circumstances shall Dream-Marriage.com be liable for any delay or failure in performance under these Terms and Conditions resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
18.0 CHOICE OF LAW AND FORUM
These Terms and Conditions shall be governed by and construed in accordance with, and all legal issues arising from or related to Affiliate's participation in the Program shall be determined by, the laws of the Nation of Belize.
21.0 RELATIONSHIP OF PARTIES
Dream-Marriage.com and Affiliate are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other. Under these Terms and Conditions, Affiliate is contracting solely to provide advertising services for Dream-Marriage.com in accordance with these Terms and Conditions.

