Dylan’s Candy Bar Affiliate Agreement
These are the terms (the “Agreement”) governing your participation in the Dylan’s Candy Bar Affiliate Program (the “DCBAP” hereafter). By registering for the DCBAP you agree to these terms, which form a binding legal contract between Dylan’s Candy Bar (“DCB”) and the registered affiliate (“you”). If you are registering on behalf of another individual, it is your responsibility to ensure the person registering is aware of these terms and accepts them. By completing the registration on behalf of another individual you are warranting that you have made the participant aware of these terms and that they have accepted these terms.
1 Affiliate Requirements
1.1 Admittance. Your registration entitles you to admittance as a participant in DCBAP for which you have registered. Any and all other costs associated with your DCBAP (including without limitation travel and marketing expenses) shall be borne solely by you, and DCB shall have no liability for such costs.
1.2 Use of Likeness. By participating you acknowledge and agree to grant DCB the right to record, film, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to DCB includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.
1.3 Event Content. You acknowledge and agree that DCB, in its sole discretion, reserves the right to change any and all aspects of the DCBAP, including but not limited to, the DCBAP name, themes, content, program, marketing, programs, coupons etc..
1.4 Age Requirements. No one under the age of 21, will be allowed to participate in DCBAP.
1.5 DCBAP Affiliates must always make clear to everyone that they are an agent or independent contractor of DCB – not an employee of DCB.
2 Prohibited Conduct
2.1 Limitations on Use. By registering for a complimentary DCBAP code you agree not to sell, trade, transfer, or share your complimentary code. DCB may cancel your code(s), retain any payments made by you, report you to law enforcement authorities, and ban you from future DCB programs.
2.2 Disruptive Conduct. You acknowledge and agree that DCB reserves the right to remove you from the DCBAP if DCB, in its sole discretion, determines that your presence or behavior create a disruption or hinder the DCBAP or the enjoyment of the DCBAP by other DCB employees.
2.3 DCB Trademark &/or Likeness/Misuse. DCB considers such conduct theft of service, trespassing, and fraud and will report violators to law enforcement authorities.
2.4 Unethical/Non-Compliant Marketing. DCB reserves the right to deny admission into DCBAP anyone who engages in or is reputed to engage in unethical or non-compliant marketing practices.
2.5 Future exclusion. In addition to the requirements and prohibitions set forth in this Section 2, DCB may also exclude any prospective DCBAP from registering for any future DCBAP business opportunities.
3 Privacy Policy
3.1 Affiliate Protection. DCB owns and operates DCBAP and is committed to protecting the privacy of its DCBAP members. DCB does not rent, share, or sell your contact information or other personal information to any third parties. DCB’s privacy policy is available at: https://www.Dylan’s Candy Bar.com/privacy
4 Intellectual Property
4.1 Intellectual property. All intellectual property rights regarding DCBAP, the DCBAP content, and all materials distributed in connection with the DCBAP are owned by Dylan’s Candy Bar. You may not use or reproduce or allow anyone to use or reproduce any trademarks (including without limitation “DCB Trademarks”, “www.Dylan’s Candy Bar.com content in it’s entirety or singly”, or other trade names appearing at the DCBAP, in any DCBAP content or in any materials distributed at or in connection with the DCBAP for any reason without the prior written permission of DCB.
4.2 Avoidance of doubt. For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by DCB or any of its affiliates; nor does this Agreement grant to you any right or license to any other intellectual property rights of DCB or its affiliates, all of which shall at all times remain the exclusive property of DCB and its affiliates.
5 Disclaimer of Warranties, Limitation of Liability
5.1 Warranties. DCB gives no warranties in respect of any aspect of the DCBAP or any materials related thereto or offered at the DCBAP and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. The DCBAP is provided on an “as-is” basis. Neither DCB nor its affiliates accept any responsibility or liability for reliance by you or any person on any aspect of the DCBAP or any information provided in the DCBAP.
5.2 Costs, Damages or Loss. Except as required by law, neither DCB nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the DCBAP or other aspect related thereto or in connection with this Agreement.
5.3 Liability. The maximum aggregate liability of DCB for any claim in any way connected with, or arising from, the DCBAP or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to DCB under this Agreement.
6 Paid Search Terms
If you are currently a PPC affiliate or plan on promoting Dylan’s Candy Bar through paid advertising, you must adhere to the following guidelines:
- Affiliate may not bid on any of our trademarked terms, including any variations or misspellings, or bid on any trademarked terms in sequence with another keyword without express written approval from the Dylan’s Candy Bar program manager.
- Affiliate may not use our trademarked terms in your display URL.
- Affiliate’s ad title and ad copy must not create the impression that your site is the DylansCandyBar.com site or any part of our site.
- Affiliate must link directly to your own site. Redirects to the DylansCandyBar.com site are unacceptable.
If you are found to be engaging in any of the aforementioned practices, we reserve the right to reverse any/all sales generated. It is suggested that if you actively participate in PPC advertising, that you add our trademarked terms as negative keywords.
Trademarked terms include: DylansCandyBar.com, Dylan’s Candy Bar, Dylans Candy Bar or other permutations or misspellings of the brand name.
7 FTC Endorsement Guidelines
Any affiliates who are providing content or reviews of Dylan’s Candy Bar offers or items must clearly state that they are receiving monetary compensation BEFORE the tracking links or banners directing them to the Dylan’s Candy Bar offers or items landing page(s). Disclaimers at the bottom or end of the article will not be sufficient. Non-compliance with these FTC regulations will risk removal from the program and commissions could be subject to reversal. Further, any Dylan’s Candy Bar affiliate who plans on promoting Dylan’s Candy Bar offers through social media must state clearly "AD:" before each post. Linking to a post with the disclaimer will not be sufficient. For more information: http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf
8 Miscellaneous
DCB’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. DCB shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond DCB’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with DCB’s prior written consent.
This Agreement shall be governed by the laws of the State of Florida and the parties shall submit to the exclusive jurisdiction of the Florida courts. A party that substantially prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys’ fees and costs. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you acknowledge that you do not have any authority of any kind to bind DCB in any respect whatsoever.
