Affiliate program agreement
This Agreement contains the complete terms and conditions that apply to the participation of DailySale in the ShareASale Affiliate Network. As used in this Agreement, "the Merchant" refers to DailySale, Inc., and more specifically, dailysale.com, and "the Publisher" refers to Affiliate Site. "Site" means a World Wide Web site and, identified by exact URL (Unified Resource Locator).
By signing up for an Affiliate Account, the Publisher and Merchant agree to the terms specified in this agreement. Violation of any terms and conditions included in this agreement may result in termination of the Publisher account, and possible forfeit of affiliate revenue.
1. Acceptable Advertising Methods
Publishers earn revenue by generating sales of merchandise at the Merchant’s website. These sales are generated by encouraging web users to visit the Merchant’s websites.
*Acceptable advertising methods for the Publisher include, but are not limited to:
*Text Links or endorsements on the Publisher’s site(s) provided by the Merchant;
*Graphical Banners and Buttons on the Publisher’s site(s) provided by the Merchant;
*Search engine (PPC) advertising with the following restrictions:
*The Publisher may not bid on the Merchant’s URL’s or misspellings of Merchant’s URL’s. In addition the Publisher may not bid on the Merchant’s trademarked terms or variations of Merchant’s trademarked terms including but not limited to:
"daily sale", "dailysale", "dailysale.com", "daily sales", "dailysales", "dailysales.com", "www.daily sale.com", "www.dailysale.com", "www.daily sales.com", "www.dailysales.com". In addition, the following trademarked+ terms are also restricted: "daily sale site", "daily sale website", ''daily sales site", and "daily sales website".
*Publishers may not outbid DailySale in PPC ads.
*Publishers may not directly link to www.dailysale.com in PPC ads.
2. Order Processing
The Merchant will process sales orders placed by customers solicited by the Publisher. The Merchant reserves the right to reject orders that do not comply with any requirements expressly set forth in this agreement. The Merchant will be responsible for all aspects of order processing and fulfillment. Among other things, the Merchant will prepare order forms, process payments, cancellations, and returns, and handle customer service.
Sales originating via the Pubisher’s site will be tracked and paid through the ShareASale Affiliate network.
3. Marketing Fees
For a Product sale to be eligible to earn a marketing fee, the customer must click through an Affiliate link to the Merchant’s site, and purchase the Merchant’s product. ShareASale tracks referrals to the Merchant’s site, and ensures that the Publisher gets paid the marketing fees due to the Publisher via ShareASale Affiliate Network.
4. Marketing Fee Schedule
The Publisher will earn marketing fees based on qualified orders according to the marketing fee schedules established by the Merchant.
5. Non-Qualified Orders
Orders refunded at the request of the purchaser, or orders charged back due to credit card fraud do not qualify for a marketing fee. The Merchant must notify the Publisher of nonqualified orders within 60 days of the date of invoice for each order refunded or charged back.
6. Marketing Fees Payment
The Publisher is paid a marketing fee, based on values set in Marketing Fee Schedule via ShareASale.
7. Term of the Agreement
The term of this Agreement will begin upon the date a Publisher is accepted into the DailySale Affiliate Program and will end when terminated by either party. Either the Merchant or the Publisher 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, the Publisher will no longer be eligible for compensation for referred sales from those links.
IF ANY PROPOSED MODIFICATION IS UNACCEPTABLE TO EITHER PARTY, THE AGREEMENT WILL NOT BE MODIFIED.
Changes to the agreement are NEVER retroactive, including but not limited to, marketing fees structure.
Marketing fees will always be determined by the agreement in place at the time the marketing fee was earned.
9. Relationship of Parties
The Publisher and The Merchant are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Publisher will have no authority to make or accept any offers or representations on The Merchant’s behalf. The Publisher will not make any statement, whether on the Publisher’s site or otherwise, that reasonably would contradict anything in this Section.
10. Independent Investigation
BOTH PARTIES ACKNOWLEDGE THEY HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. BOTH PARTIES HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
11. Disclaimers
The Merchant makes 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,
the Merchant makes no representation that the operation of the Merchant’s site will be uninterrupted or error-free, and the Merchant will not be liable for the consequences of any interruptions or errors.
12. Cooperation Clause
Each of the parties hereto warrants that they will cooperate with each other to carry out, effectuate and accomplish the terms of this Agreement. Accordingly, where appropriate, and in furtherance of carrying out the terms and conditions of this
Agreement, each party will sign any and all additional papers and obtain and convey any and all necessary documentation to any other party.
13. Enforcement Clause
It is further expressly understood and agreed that if at any time a violation of any term of this Agreement is asserted by any party hereto, said party shall have the right to seek specific performance of said term or any other necessary and proper relief from any court of competent jurisdiction, and the prevailing party shall be entitled to reasonable costs and attorney’s fees.
14. Severability Clause
In the event any of the terms or provisions of this Agreement are found to be legally unenforceable, then the remaining terms and conditions shall nevertheless be enforceable without regard to any such provisions or terms that are found to be legally unenforceable.
15. Jurisdictional Clause
This Agreement shall be interpreted under the laws of the State of California.
This Agreement may be executed in counterparts, and copies of signatures shall be deemed originals.
Having read the foregoing and understood and agreed to the terms of this Agreement.
