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DyingToLookGood.com Affiliate Terms
Operating Agreement for Affiliate Network
This Agreement defines your relationship with DyingToLookGood.com, the owner and/or exclusive licensee of the following products lines, among others: Dying To Look Good book and e-book. This Agreement contains the complete terms and conditions that apply to a party's participation as an affiliate in the Affiliate Network of DyingToLookGood.com (the "Program"). As used in this Agreement, "we" means DyingToLookGood.com, and "you" means the applicant party. "Site" means a World Wide Web site and, depending on the context, refers to a Dying To Look Good website including but not limited to DyingToLookGood.com or to the site that you will link to our site. You understand and acknowledge that this Agreement is made between you and DyingToLookGood.com and is solely for the purpose of allowing you to link to the DyingToLookGood.com Product websites. THIS AGREEMENT HAS AN EFFECTIVE DATE OF NOVEMBER 1, 2005 AND SUPERCEDES ANY PRIOR AFFILIATE AGREEMENT BETWEEN US.
1. Enrollment in the Program.
Submit a completed Program application to begin the enrollment process. Submission of your application to the DyingToLookGood.com affiliate program implies acceptance to the terms set forth in this Agreement. We will evaluate your application and notify you of your acceptance or rejection. We may reject your application if, in our sole discretion, we determine for any reason that your site is unsuitable for the Program. Unsuitable sites include, but are not limited to, those that contain illegal, offensive, infringing or objectionable content.
2. Links.
2.1. We support the elimination of spam email on the Internet. To this end, we maintain only opt-in email addresses and permit all email recipients to opt-out of emails. As a participant in our Program, you agree to follow the same procedures. You agree that you will comply with U.S. CAN-SPAM Act in all respects. In addition, you agree not to send any email or other form of electronic message or advertisement containing the DyingToLookGood.com name; products; web site addresses; links; metatags; or any other type of identifier to any recipient unless the recipient has directly consented to receive the communication from you or you have a pre-existing business relationship with the recipient. In addition, you agree to provide any recipient of the communication with the ability to opt-out of future communications, by telephone or by using an unsubscribe email link. You agree that we may upon reasonable written notice audit (a) any lists or sources of the lists you send that contains the DyingToLookGood.com name; products; web site addresses; links; metatags; or any other type of identifier, and (b) any email or form of electronic message or advertisement containing the DyingToLookGood.com name; products; web site addresses; links; metatags; or any other type of identifier.
2.2. You will link to areas within our Site using special URLs specified in the Program (the "Required URLs"). You may post as many links to the Required URLs as you like on your site. The position, prominence and nature of links on your Site shall comply with any requirements specified in this Agreement.
2.3. General Link to DyingToLookGood.com Home Page: You may provide a general link on your Site to our home page(s) in a format to be approved by us. We will provide you with guidelines, content and graphical artwork to use in linking to our home page ("Product Information"). DyingToLookGood.com may with or without notice (a) change, suspend or discontinue any aspect of a Product offer (b) remove, alter, or modify any graphic, banner, content, or text submitted by us to you for use in connection with the sale of our products. You agree to promptly implement any request from us to remove, alter or modify any of your content or related content appearing on your site. Any failure by you to comply with the terms of this paragraph shall entitle us to, in addition to any other remedies available, withhold payment on any applicable sales due to you.
3. Other Restrictions.
You may not use DyingToLookGood.com's copyrights or proprietary technology, including without limitation, those copyrights and proprietary technology currently used or which may be developed and/or used by it in the future except as expressly authorized by this Agreement. You may NOT engineer your site in such a manner that pulls Internet traffic away from DyingToLookGood.com or any of its Dying To Look Good Product Sites. If your site donates any portion of its referral fees to any school, foundation or other charitable organization, you may not state or imply that DyingToLookGood.com or any of its Sites endorse such activities or is responsible in any way for the inclusion and donation of funds to any of the schools, foundations or charities associated with your site. You may not wrap or frame our Sites in any manner. Violation of the foregoing prohibitions may result in, among other things, the immediate termination of this Agreement and/or the commencement of an action by DyingToLookGood.com against you seeking, without limitation, injunctive relief and/or recovery of actual, statutory and/or punitive damages.
4. Order Processing.
We will process product orders placed by customers who follow special links from your site to the Dying To Look Good Product Sites in accordance with applicable legal requirements. We reserve the right to reject orders that do not comply with any reasonable requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms; process payments, cancellations, and returns; and handle customer service. We will track sales made to customers who purchase products using special links from your site to our site. You may log into your affiliate account to view your reports summarizing this sales activity. To permit accurate tracking, reporting, and fee accrual, you must ensure that the special links between your site and our site are properly formatted.
5. Commissions.
We will pay you commissions on sales of Dying To Look Good to third parties. For a sale to generate a commission, the customer must follow a special link (in the format specified by DyingToLookGood.com) from your site to the Dying To Look Good Product site; purchase the product using our automated ordering system; and remit full payment to us. Products and Services that are entitled to earn referral fees under the rules set forth above are hereinafter referred to as "Qualifying Products."
6. Commission Schedule.
You will earn commissions based on the selling price of Dying To Look Good, according to commission schedules to be established by us (currently 35% of the selling price). "Selling price" means the selling price listed on DyingToLookGood.com and excludes costs for shipping, handling, rebates, and taxes. All percentages listed are of "Gross Receipts" for those sales of Dying To Look Good via an approved link from the Affiliate's website(s) "Gross Receipts" shall mean the (a) revenues generated by all initial sales of Dying To Look Good to those Affiliate customers who (i) "clicked" from the Affiliates website during the term of this agreement, and (ii) then purchased Dying To Look Good via DyingToLookGood.com shopping cart, less (b) refunds, returns, credit card fees and chargebacks and shall not include costs or revenues associated with sales taxes and shipping and handling. The commission rate is subject to change at our discretion. In the event of a commission rate change, all affiliates will be notified by e-mail, 30 days prior to the rate change going into effect.
7. Commission Payment.
Payments will be made on or about the 30th of each month for qualifying sales by the 30th of the prior month. Minimum payout: $25.00. Any commissions earned amounting to less than $25 will be held over until they accumulate to at least $25.
8. W-9 Form for U.S. Residents and Companies
We are required by the Internal Revenue Service to have a form W-9 on file before paying any United States-based affiliate members. We ask that all affiliates complete and mail or fax this form to us a soon as possible. We reserve the right to delay affiliate payments until this document is received.
In order to make this more convenient for you, we have provided an on-line version of the IRS form so that you may obtain it here. Please follow the instructions below to download and complete the W-9 form.
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1. The W-9 form has been saved in portable document format (PDF). In order to view the document you will need the Adobe Acrobat Reader.
2. Download the W-9 form and open it with the Acrobat Reader.
3. Print a hardcopy and complete the form. Please fill in your Federal Tax Identification Number, name and address, and state specifically whether you are a Corporation, Individual, LLC, LLP, Not-for-Profit, Partnership, S-Corporation, Sole Proprietor, or Other. Be sure that your identification number and name coincide. If you are using a Social Security Number as your Tax Identification Number, then we need your name, not your company name.
4. Please include "KISS For Health Publishing" along with your affiliate number in the form section called "Requester’s name and address".
5. Once completed, please mail the W-9 form to:
KISS For Health Publishing
P.O. Box 462335
Escondido, CA 92046-2335
If you have any questions regarding the W-9 form please e-mail CustomerSupport@dyingtolookgood.com | |
9. Policies and Pricing.
Customers who buy products through this Program will be deemed to be customers of DyingToLookGood.com without affecting their status as your customer. Accordingly, all DyingToLookGood.com rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers with respect to their transactions at DyingToLookGood.com We may change our policies and operating procedures at any time consistent with applicable laws. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present current and accurate information, but we cannot guarantee the availability or price of any particular product.
10. Donations.
If your site is engaged in the practice of directing, transferring, or donating any portion of the Referral Fees paid to you by DyingToLookGood.com, you must provide the following message:
"All donations, transfers and pledges of money to any schools, foundations or other types of charitable or philanthropic organizations are made at the sole direction of (your site) and, (if applicable) of (your site's) members. DyingToLookGood.com is not associated with any of the schools, charities or foundations associated with (your site) and makes no endorsement, express or implied of their activities. We've agreed to ship products and provide customer service for orders we receive through special links on (your site), but we are not responsible for selecting, evaluating or making donations to any of the organizations associated with (your site). Thank you for shopping with DyingToLookGood.com. If you have a question about an order you've placed, please don't hesitate to contact us."
11. Responsibility for Your Site.
You will be solely responsible for the development, operation, and maintenance of your site and for all content that appears on your site. For example, you will be solely responsible for: the technical operation of your site and all related equipment the accuracy, timeliness and appropriateness of content posted on your site (including, among other things, all product-related materials) ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) ensuring that content posted on your site is not libelous or otherwise illegal.
We disclaim all liability for these matters. Further, you will defend, indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your Site and/or any of your representations and warranties set forth herein.
12. Term of Agreement.
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 prior notice of termination. Upon termination, all DyingToLookGood.com related content and links shall be promptly removed from your site. You are only eligible to earn referral fees on sales of Qualifying Products occurring during the term, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. In the event overpayment is made by us, you agree to promptly remit such excess payment upon notification by us. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
13. Application Rejection Criteria
You must sign up using only your web site or dial-up/high speed ISP email address. We reserve the right to delete potential Affiliate Registrations at any time from registrants using FREE web-based email addresses, from any web-based email provider, such as, but not limited to, Hotmail, Yahoo, Netscape etc.
DyingToLookGood.com, DBA KISS For Health Publishing, reserves the right to delete Affiliate Registrations at any time if Internet fraud seems likely.
14. Grounds for Termination
We reserve the right to terminate any Affiliate without notice for sending any unsolicited email (SPAM) or for misrepresenting the product or the Program. If you are terminated for such reason, any and all commissions unpaid will be forfeited by you and we will have the right to seek monetary reimbursement for damages caused by your actions.
You shall not set up, or attempt to set up, any kind of reseller, affiliate, referral, associate, bounty or any program whereby you sell product(s) in our Program through other entities.
You agree not to use any predatory advertising methods in the promotion of the Program. Predatory advertising is defined as any method that creates or changes links or banners on web sites without the expressed permission of that web site owner. Participation in predatory advertising programs will be cause for your immediate termination and you will forfeit all unpaid commissions.
15. Modification.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. We will also make commercially reasonable efforts to notify you of such changes prior to implementation. Modifications may include, for example, changes in the scope of available referral fees, 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 ON OUR SITE AND/OR SENDING YOU THE CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
16. Relationship of Parties.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, reseller, distributor, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
17. Limitation of Liability.
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages.
18. Disclaimers.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors; however, we will make commercially reasonable efforts to correct errors or interruptions promptly.
19. Independent Investigation.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATIONS, GUARANGEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
20. Miscellaneous.
This Agreement will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts having venue in or for Escondido, California, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure or agreement not to enforce your strict performance of any provision of this Agreement in a given instance will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement. |