Affiliate Terms and Conditions
As an authorized Affiliate (Affiliate) of D.S. and Durga, LLC, (D.S. and Durga), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting as an Affiliate.Your participation in the Program is solely to legally advertise our website to receive a commission on membership and products purchased by individuals referred to D.S. and Durga by your own website or personal referrals.By signing up for the D.S. and Durga Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
2. Commissions
Commissions will be paid once a month with a set commission rate decided prior to launch. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks, fraud or refunds will not be paid out. Fraudulent activity is defined in paragraph 6.
3. Termination
Your Affiliate application and status in the Program may be immediately suspended or terminated for any of the following reasons by written notice: D.S. and Durga reserves the right to reject any web site or Affiliate if we determine, at our sole discretion and/or following our review of your site and/or marketing efforts, that your site and/or marketing efforts are unsuitable for any reason. You agree to have no legal recourse if your Affiliate application or your status in the Affiliate Program is suspended or terminated for any reason by D.S. and Durga, including the following unsuitable reasons.Unsuitable reasons may include but are not limited to:Inappropriate advertisements (false claims, misleading hyperlinks, etc.).Spamming (mass email, mass newsgroup posting, etc.).Advertising on sites containing or promoting illegal activities.Failure to disclose the Affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.Self-referrals, fraudulent transactions, suspected Affiliate fraud.Operating or utilizing a Web site or e-mail link to Web sites that contain or promote any of these types of content: libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or that offer any illegal good or service, or link to a Web site(s) that do so.The use of spyware, adware, malware, toolbars or any other form of parasitic or stealth software.Engaging in cybersquatting or typosquatting.Engaging in fraudulent activity.
4. Prohibited Website Content
This includes but is not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable, or that includes or promotes sexually explicit materials, violence, or discrimination based on race, sexual identity, gender identity, religion, nationality, disability, sexual orientation or age. Unless otherwise approved in writing, Affiliate shall not use, cloak or mask the following URL listings in paid search placements: D.S. and Durga or any subdomain of D.S. and Durga. Furthermore, unless otherwise approved in writing, Affiliate may not direct traffic to any website that incorporates the terms above in any display URL listing.D.S. and Durga reserves the right, at its sole discretion, to make a determination that any website contains prohibited content and to suspend or terminate an Affiliate application or status. You agree to have no legal recourse if the Affiliate application or status in the Affiliate Program is suspended or terminated for any reason, including for prohibited website content.
5. Coupons and Promotional Codes
Affiliates may only use coupons and promotional codes that are provided exclusively through the Affiliate Program. In addition to the foregoing, D.S. and Durga reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or for no reason.
6. Fraudulent Activity
D.S. and Durga has the right to return any leads deemed fraudulent. Fraudulent traffic will be defined as the following:Multiple free trial purchases from the same IP addresses.Fake or Bot generated CC'd purchases or incorrect billing addresses.Multiple purchases for similar or same amounts from the same IP address.D.S. and Durga may deem any leads fraudulent, at its sole discretion, based upon these guidelines specified in paragraph 6.If leads are deemed fraudulent, D.S. and Durga will suspend the Affiliate and cancel commissions immediately by written notice. You agree to have no legal recourse if the Affiliate application or status in the Affiliate Program is suspended or terminated for any reason, including fraudulent activity.
7. Notice to Change of Terms
D.S. and Durga withhold the right to suspend the Affiliate immediately and cancel commissions if they have driven fraudulent leads or if they are in breach of any terms and conditions set forth in this Agreement. If the Affiliate drives a sudden spike in Free Trials, D.S. and Durga will contact the Affiliate to ask how they are promoting. D.S. and Durga requires feedback within 24-hours otherwise they may suspend the Affiliate from the Program and pause commissions until they understand how the Affiliate promoted the Program. For any other reason, D.S. and Durga will provide 3-days’ notice before adjusting commissions on the partner Program.
8. Prohibited Website Content
This includes but is not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable, or that includes or promotes sexually explicit materials, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Unless otherwise approved in writing, Affiliate shall not use, cloak or mask the following URL listings in paid search placements: D.S. and Durga or any subdomain of D.S. and Durga. Furthermore, unless otherwise approved in writing, Affiliate may not direct traffic to any website that incorporates the terms above in any display URL listing
9. Coupons and Promotional Codes
Affiliates may only use coupons and promotional codes that are provided exclusively through the Affiliate Program.Affiliates may not use misleading text on Affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific Affiliate.Affiliates may not generate pop-ups, pop-under, iframes, frames, or any other seen or unseen actions that set Affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the Program immediately.
10. Utilization of Affiliate Promotional Links
We hereby grant to you limited, non-exclusive, and non-transferable license to use our Affiliate Promotional Links for placement on your site without modification, abridgment, or embellishment, for the sole and exclusive purpose of referring potential Subscribers to D.S. and Durga. We reserve the right to revoke this license to use the Affiliate Promotional Links, in whole or part, at any time.We reserve the right to require you to modify your use of the Affiliate Promotional Links following review of your site. If we issue formal policies and rules in connection with usage of the Affiliate Promotional Links, you agree to promptly conform your use of the Affiliate Promotional Links to said policies, as policies and rules for the Affiliate Program may be amended from time to time at the sole discretion of D.S.and Durga.You may not use Affiliate Promotional Links to market, promote, or endorse the goods, services, and/or cause of any other individual or entity or to otherwise benefit any third party.You agree that you shall not bid on, register or purchase search engine keywords, domain names, or other identifying search terms or titles that are similar to the Trademarks owned or controlled by D.S. and Durga, or by any third party to promote your participation in the Program.In utilizing the Affiliate Promotional Links, you agree that you will cooperate fully with us in order to establish and maintain the consistency and integrity of such Affiliate Promotional Links as they may be modified, enhanced, expanded, curtailed or eliminated from time to time by us, in our sole and unlimited discretion.You acknowledge that, by participating in the Program and/or using any of the Affiliate Promotional Links, D.S. and Durga may receive information from or about visitors to your site to track Referrals.Search Campaign
11. Paid Search Policies
The Affiliate Program prohibits bidding on following types of terms: Brand terms, including misspellings and variations. Failure to comply with our search policies may lead to the removal of the Program and the reversal of commissions.
12. Sample Trademark Terms
Affiliates are not allowed to use any of the following words in their domains, or part of their URL structure:Affiliate must add "name " and "name product" as negative keyword matches on any generic terms. Affiliates are not permitted to use trademarked terms in their display URL. Publishers that violate these terms and conditions risk deactivation from the Program and loss in commissions. The use of toolbars or browser plug-ins for the purpose of applying a cookie or redirecting traffic is prohibited. Any Affiliates found to be using said functionalities and marketing tools will be removed from the Program with accrued commissions reversed. Publishers may not bid on registered trademarks, or registered URLS (including variations, abbreviations or misspellings of same) of D.S. and Durga and/or D.S. & Durga. Publishers may not bid on "D.S. and Durga + coupon" or "D.S. and Durga + Coupon Code". Publishers will not use direct links to any D.S. and Durga site, use a registered “D.S. and Durga.com” domain, or term “official site” when referring to D.S. and Durga brand in search marketing. Permission to use the D.S. and Durga brand, or bid on trademark terms, may be obtained with expressed written permission only.
13. Paid Search Terms:
Trademark or Brand-related- Bidding is NOT PERMITTED and Affiliate is NEVER allowed to outrank or outbid D.S. and Durga on any keywords.Media partner may never use any domain names that are owned by D.S. and Durga for any DISPLAY URL listings used in paid search campaigns. Nor may they CLOAK or MASK these URL’s in paid search campaigns.Media partners must not use the word “official” in connection with the D.S. and Durga owned property’s name in domain names, search ads, or on landing pages.Confidentiality: This document including its contents and/or any attachments is deemed confidential. The Affiliate may not disclose, disseminate, distribute, or forward this document and/or any related attachments or future related materials or work product to any other parties.Violation of Search Policy: will not pay commissions on any transactions that it believes to be generated by a violation of its search policies. D.S. and Durga Trademarks:For the purposes of this Agreement, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by D.S. and Durga.Nothing contained herein grants or shall be construed to grant you any rights to use any Trademark, except as Affiliate Promotional Links placed on your site.You agree that you will not use our Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or D.S. and Durga. Nor will you contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge the validity of any Trademarks or the Trademark rights claimed by D.S. and Durga.You agree that you will not use any Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of Programming code or data, except pursuant to policies and rules issued by D.S. and Durga, if any, in connection with the Program.You may not at any time, adopt or use, without D.S. and Durga’s prior written consent any word or mark which is similar to or likely to be confused with D.S. and Durga’s Trademarks, except as Promotional Links placed on your site as an authorized Affiliate.The look and feel of the D.S. and Durga website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of D.S. and Durga and may not be copied, imitated or used, in whole or in part, without the prior written consent of D.S. and Durga, except as Promotional Links placed on your site.You may not use a Trademark, logo, image or other proprietary graphic of D.S. and Durga to link to the D.S. and Durga website without the prior written consent of D.S. and Durga, except as Affiliate Promotional Links placed on your site and used in compliance with the terms of this Agreement.You may not frame or hotlink to the D.S. and Durga website or any image other than your own without the prior written consent of D.S. and Durga.You may not use any Trademarks to market, promote or endorse the goods and/or services or cause of any other individual or entity without our prior express permission in writing, signed by an authorized officer of D.S. and Durga.
14. Use of Logos and Trademarks in Web sites
Affiliates are authorized to use D.S. and Durga logos and creatives provided directly by the Affiliate network (Program) or from the D.S. and Durga merchant site.
15. Non-Commissionable Items
Sales tax, shipping fees and gift certificates are non-commissionable.
16. Liability
D.S. and Durga will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s). We do not make any express or implied warranties with respect to the Program and/or the Affiliate memberships and/or products sold by D.S. and Durga. We make no claim that the operation of the Program and/or our website(s) will be error-free, and we will not be liable for any interruptions or errors.
17. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated. The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
18. Indemnification
Affiliate shall indemnify and hold harmless D.S. and Durga and its Affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by D.S. and Durga to transmit and distribute materials, to the greatest extent permitted by law, in whole or in part, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the acts or omissions, negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
19. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the D.S. and Durga Affiliate Program. You indicate your acceptance of this Agreement and all the terms and conditions contained or referenced in this Agreement by completing the Impact Radius and/or D.S. and Durga application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
