AFFILIATES
Each affiliate is an independent contractor and not an employee of DODOcase. Nothing herein is intended to create an employer/employee relationship nor should any affiliate act or portray themselves as an employee of DODOcase.
INCOME TAX LIABILITIES
Each affiliate acts as an independent contractor and as such is responsible for any or all United States, state, or foreign income taxes and any other tax liabilities that affect or concern the sales of the products or services, in your state or location. It is the affiliate’s sole responsibility, and not the responsibility of the DODOcase, to take any steps necessary to recover these sums under the Tax Code and other applicable laws.
SPAM & UNSOLICITED COMMERCIAL EMAIL (UCE)
DODOcase does not tolerate the sending of unsolicited bulk emails (UCE or SPAM) which promote, or make reference to DODOcase, or any of their associated companies or websites, Partners, or employees, the websites, products or services. The provisions of the Terms and Conditions pertaining to UCE or SPAM shall apply to each affiliate. Any affiliate who, in the opinion of DODOcase, breaches this rule will have their affiliate status canceled and any outstanding commissions will be forfeited.
UNPROFESSIONAL CONDUCT
DODOcase and their associated companies operate with the strictest codes of professional conduct. Any affiliate who brings DODOcase or their employees, partners, or associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their affiliate status canceled and any outstanding commissions will be forfeited.
DODOcase reserves the right to reject any affiliate application if, in DODOcase’s opinion, that person or entity violates established laws or commonly held standards of decency. For example, we will reject applications from any person or company that promotes any form of violence, illegal activities, or from applicants who DODOcase prefers not to be associated with.
NO MISUSE
It is understood that any individual that affiliates with DODOcase shall not use it in connection with obscene, defamatory, slanderous, hateful, illegal or politically disruptive material, the definition of which shall be at the sole discretion of DODOcase. It is also understood that affiliates shall not try to cheat the system in an effort to increase their payments due. If such misuse is detected, the affiliate will be immediately terminated as an affiliate and any sums paid and any sums payable as and for commissions will be withheld. All affiliates further agree to refrain from engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, shall be held liable for any loss sustained by DODOcase, or its associates due to such action.
AS-IS ONLY
There is no warranty or guarantee of any kind with respect to DODOcase as far as reliability, stability, quality or dependability. This means that DODOcase, or its associates is not responsible for any loss or damage incurred directly or indirectly due to the use of the DODOcase website, products, services, or any other facet of the system. This shall include, but is not limited to, any system malfunction, period of being inoperative or unavailable, loss of data or discontinuation of service, other inconveniences.
LIABILITY
DODOcase will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate system sale tracking failures, commission processing system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of “intents of harm” to the program, or acts of God or Nature. DODOcase makes no claim that the operation of Share A Sale network will be error-free nor will DODOcase be held liable for any interruptions or errors.
MISCELLANEOUS PROVISIONS
a) If any part of this agreement or the Terms and Condition is declared void, this agreement and the Terms and Conditions shall, to the maximum practicable extent, be construed without reference to that part. No term or provision of the Agreement shall be waived unless in writing and signed by the party waiving the provision, and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing. No affiliate may assign or sublicense this agreement without the Program Operator’s prior written consent.
b) IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE TERMS AND CONDITIONS ARE HELD TO BE UNENFORCEABLE, THE PROGRAM OPERATOR’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT, AND OR SERVICE.
d) To the extent you have in any manner violated or threatened to violate DODOcase’s intellectual property rights, DODOcase may seek injunctive or other appropriate relief in any court located in San Antonio, Texas, USA and you consent to exclusive jurisdiction and venue in such courts. Use of DODOcase’s website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DODOcase as a result of this agreement or use of the website, products, and/or services. DODOcase’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DODOcase’s right to comply with governmental, court and law enforcement determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
e) This Agreement shall be governed and construed in accordance with the laws of TX, USA applicable to agreements made and to be performed in TX, USA. You agree that any legal action or proceeding between DODOcase and you for any purpose concerning this agreement or the parties’ obligations hereunder, will first attempt to be resolved with the help of a mutually agreed-upon online mediator. Any costs and fees (other than attorney fees) associated with the mediation will be shared equally by each of us.
f) If it proves impossible to arrive at a mutually satisfactory solution through online mediation, we agree to submit the dispute to binding arbitration at the following location: for legal actions or proceedings between DODOcase and you, in San Antonio, TX, USA under the commercial rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
g) Any cause of action or claim you may have with respect to the website, the products, the services, must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred. The DODOcase ‘s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. DODOcase may assign its rights and duties under this agreement to any party at any time without notice to you. Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.
h) DODOcase may modify this agreement, and the agreement this creates, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.
i) DODOcase may transfer any rights or responsibility that it may have to any person or entity whatsoever. Nothing herein shall alter or encumber the right of DODOcase to transfer any such rights or responsibilities. Any transfer by DODOcase shall cause this agreement, and any other agreement then in effect (as well as any other contract between you and the transferring party) to transfer simultaneously, all without permission.
j) Should this affiliate program be deemed illegal in any jurisdiction, DODOcase has the right to immediately terminate this program, without recourse. If the payment processors utilized by DODOcase determine that sales made through affiliates cannot be processed through the payment processor, then DODOcase has the right to immediately terminate this Program, without recourse. Nothing herein is intended to imply that DODOcase will always offer any affiliate program, or this affiliate program, for all products, services, and/or opportunities sold by DODOcase on the websites or that DODOcase will offer any affiliate program whatsoever.
Any rights not expressly granted herein are reserved.
