Affiliate Program Terms and Conditions
ACCEPTANCE OF TERMS OF SERVICE
This agreement (“Agreement”) contains the terms and conditions between you and DFS Army Inc. By signing up for the DFS Army Affiliate Program (the “Program”), you indicate your acceptance of this Agreement and its terms and conditions.
APPLICATION TO JOIN THE PROGRAM
Upon signing up for the Program, we may contact you for further information prior to accepting or rejecting your application.
We may reject your application if in our sole discretion, we determine that any of the content included on your site is unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable including, without limitation, content that is aimed at minors; displays sexual, pornographic or obscene acts; contains graphic violence; contains discriminatory content based on race, sex, religion, nationality, ethnicity, sexual orientation, age, physical disability, gender or otherwise) or violates intellectual property rights.
ADVERTISING MATERIALS AND AFFILIATE LINK
Once you have been notified that you have been accepted into the Program, we will provide you with the appropriate advertising materials and affiliate link that you may add to your site.
You may not use any other graphic, textual, or other materials to promote dailyfantasynerd.com, or modify the advertising materials we have supplied to you (other than to resize it) without prior written consent.
You will earn commission fees only with respect to activity on dailyfantasynerd.com occurring directly through your affiliate link. We are not liable to you with respect to any failure by you to use the affiliate link provided.
You will be solely liable for the content and manner of any marketing activities that refer potential customers to us. All such marketing activities must be professional, proper and lawful under applicable rules, regulations or laws (including any laws in relation to the content and nature of any advertising or marketing) and otherwise comply with the terms of this Agreement.
You may NOT:
- Register a new dfsarmy.com user account (directly or indirectly) through your affiliate links for your own personal use and/or the use of your relatives, friends, employees, agents or advisors
- Offer directly or indirectly to any player, person, or entity any consideration, reward, rebates, incentives, discounts, or any other benefit for using our affiliate links on your site
- Read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any other person
- In any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of dailyfantasynerd.com
- Make any orders or subscription requests, or engage in other transactions of any kind on dailyfantasynerd.com on behalf of any third party, or authorize, assist, or encourage any other person to do so
- Take any action that could reasonably cause any end-user confusion as to our relationship with you or any third party, or as to the ownership or operation of the site
- Seek to purchase or register any keywords, search terms or other identifiers that include “DailyFantasyNerd”, “Daily Fantasy Nerd”, “DFN” or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service
- Implement any technique or technology that posts or serves any advertisements or promotional content around or in conjunction with the display of dailyfantasynerd.com (e.g., “framing” or pop-up windows)
- Use any form of unsolicited commercial e-mail (SPAM)
- Engage in any SPAM marketing practices
If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any commission fees otherwise payable to you under this Agreement and/or terminate this Agreement.
Referrals who become customers of dfsarmy.com through this Program will be deemed our customers. We will process every registration and purchase submitted by customers who follow affiliate links from your site to dfsarmy.com. We reserve the right to reject registrations or purchases that do not comply with our rules, operating procedures and policies.
COMMISSION FEES AND PAYMENTS
You will receive 20% commissions from subscription orders placed by new signups initiated through affiliate links on your site or a CPA (compensation per acquisition) of 100% of the referred customers first month payment. Affiliate must chose one or the other.
For a subscription order to be eligible to earn a commission, the customer must click-through an affiliate link from your site to dfsarmy.com and purchase the subscription.
We will pay you on a monthly basis. All payments will be made by the 15th day of the subsequent month. Commission balances below $50.00 will not be processed for payment and be held and added to subsequent monthly commission earnings until such threshold is met.
Payment will be made using PayPal, a third party service.
LICENSE AND INTELLECTUAL PROPERTY
We grant you a nonexclusive, revocable right to use the graphic images and/or text we will provide you and such other text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating enrollments. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our trademark guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice.
TERM AND TERMINATION
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 dfsarmy.com , and all advertising materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on qualified registrations and deposits from your site that occur during the term, and referral fees earned through the date of termination will remain payable only if the related registrations or deposits are not canceled and were acquired by means consistent with this Agreement. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Following the termination of this Agreement, DFS Army Inc. shall have no further obligation to make any further commission payments to you.
RELATIONSHIP OF PARTIES
There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you or us under this Agreement. Neither party has the authority to bind the other (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided in this Agreement.
You shall defend, indemnify and hold DFS Army Inc. and its shareholders, directors, officers, employees, agents and representatives, agents, successors and assigns harmless from and against any and all liabilities, losses, damages and costs, including attorney’s fees and costs, resulting from, arising out of, or in any way connected with:
- any actual or alleged breach by you of any warranty, representation or undertaking by you contained in this Agreement
- the performance of your duties and obligations under this Agreement
- your negligence in performing your duties and obligations under this Agreement
- any injury directly or indirectly caused by your negligence or intentional acts or omissions or the unauthorized use of the affiliate link
WE MAKE NO WARRANTIES OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE) WITH RESPECT TO THE AFFILIATE NETWORK, OUR SITES, OUR WEBSITE OR ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREIN OR RELATED THERETO OR THAT OUR SITES, THE WEBSITE, SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED OR WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR SUITABILITY OF ALL OR ANY OF THE FOREGOING. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, ALL WARRANTIES, REPRESENTATIONS AND IMPLIED TERMS AND CONDITIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHERMORE, NEITHER WE (NOR OUR PROVIDERS OR UNDERLYING VENDORS) ARE REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, SOFTWARE OR HARDWARE.
LIMITATION OF LIABILITIES
IN NO EVENT SHALL DFS Army, ITS SUPPLIERS AND LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND STOCKHOLDERS SHALL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING HEREUNDER, EVEN IF DFS Army Inc, ITS SUPPLIERS AND LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND STOCKHOLDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
You confirm that you have read the Agreement, have had an opportunity to consult with your own legal advisors if so desired, and agree to all its terms and conditions. You confirm that you have independently evaluated the desirability of participating in the Program and you are not relying on any representations, guarantee or statement other than as set forth in this Agreement or any other marketing materials.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law provisions. Any action relating to this Agreement must be brought in the Federal or State courts located in San Francisco, CA, and you irrevocably consent to the jurisdiction of such courts.
CHANGES TO TERMS OF SERVICE
We may change any of the terms and conditions within this Agreement at any time and at our sole discretion. These changes may include, but are not limited to, changes in the scope of available commission fees, commission fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.