Affiliate Agreement - CDanCa.com
This Affiliate Service Agreement (the "Agreement") is made by and between CDanCa.com, a membership site operated by ("Daniel Cajiga & CDanCa H&F Enterprises Niche Teams"), and you, as an Affiliate user of the CDanCa.com service ("You", "Your", "Affiliate").
To be an authorized Affiliate of CDanCa.com, You agree to abide by the terms and conditions contained in this Agreement. Please read this Agreement carefully before promoting and using the CDanCa.com Service as an Affiliate. By signing up and promoting for CDanCa.com, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the CDanCa.com Service as an Affiliate.
PRIVACY POLICY
CDanCa.com respects the privacy of its users and promises not to disclose personal or business information to third parties without the express permission of You and Your company. We will not sell Your name, e-mail address, phone number, or any other personal information to anyone else. We consider this information to be private, and it will remain as such. If You have any questions about Your privacy rights, contact us at http://danielcajiga.com/helpdesk
The following agreement is summarized as follows:
LINK PLACEMENT
As an Affiliate of the CDanCa.com, you may place and remove Your Affiliate Links on Your site and in Your email messages at Your discretion.
AFFILIATE PAYMENT
You will receive a Commission for sending a New Members to the platinum membership sales and/or products sales via Your Links. In order to place Links, You must signup to the gold membership and login to the member's promotional tools to get the banners and links. You understand that the Payout amount may be changed at any time. This information is also available to You at the Niche4Wealth.com Member’s Area. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. You receive the Commission from Niche4Wealth.com. Payments are made automatically between Ten (10th) to Fifteen (15th) day and between Ten (25th) to Fifteen (30th) day of each month when you are qualified for the payout for the previous months' transactions. Money credited to Your Account does not accrue interest. In the event of a VOID by Terms and Conditions, Niche4Wealth.com may recover from You the corresponding Commission previously credited to Your Account through the paypal payment system.
SERVICE AND SUPPORT
CDanCa.com will provide support for the Service as indicated on the CDanCa.com Web site.
EMAIL CONTACT
CDanCa.com reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any CDanCa.com related products and services.
CHANGES TO THE SERVICE
CDanCa.com reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change,CDanCa.com will notify You via e-mail, newsletter or the CDanCa.com Web site at least 3 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service.
REGISTRATION
To sign up as an Affiliate of CDanCa.com and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN CDanCa.com: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area within the Membership. You shall provide CDanCa.com with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that CDanCa.com may rely on any data, notice, instruction or request furnished to CDanCa.com by You which is reasonably believed by CDanCa.com to be genuine and to have been sent or presented by a person reasonably believed by CDAnCa.com to be authorized to act on Your behalf. You shall notify CDanCa.com by visiting its customer support center at http://danielcajiga.com/helpdesk of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by CDanCa.com and referral to the appropriate law enforcement agencies.
ACCEPTED USE
You represent to CDanCa.com that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As CDanCa.com may not review all information provided by You, You shall remain solely responsible for Your content and Web site. As an Affiliate, You may not artificially inflate traffic counts to our site(s) using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks to the related Merchant for that Link.
Points or reward programs for click or lead programs are NOT allowed. CDanCa.com RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF CDanCa.com. If You are terminated from the Service, CDanCa.com has the right to withhold money You earned within the Service or money that You owe within the Service and You will not be allowed to re-join CDanCa.com.
LIMITED WARRANTY
The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CDanCa.com DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, Niche4Wealth.com SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The Owner will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the Merchant liable for any of the consequences of such interruptions. CDanCa SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MERCHANT HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF MERCHANT HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
CDANCA.COM OR ITS SUPPLIERS OR RESELLERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE CDANCA.COM SERVICE OR ANY INFORMATION PROVIDED ON THE CDANCA.COM WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CDANCA.COM OR A CDANCA.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CDANCA.COM'S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use CDanCa.com provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of CDanCa.com, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain the CDanCa.com’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.
CDanCa.com may immediately terminate Your license to use the marks if CDanCa.com reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by CDanCa.com above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge CDanCa.com’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of CDanCa.com.
REPRESENTATIONS
CDanCa.com makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-CDanCa.com Web site does not mean that CDanCa.com endorses or accepts any responsibility for the content or the use of such Web site.
NONASSIGNABILITY
Affiliate or CDanCa.com may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
FORCE MAJEURE
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
JURISDICTIONAL ISSUES
This Agreement shall be governed by Mexico Goverment (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for Mexico and You consent to such jurisdiction.
MISCELLANEOUS
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.