THIS AGREEMENT SETS FORTH THE STANDARD TERMS AND CONDITIONS THAT APPLY TO USE OF THE
DRUNDO AFFILIATE PROGRAM. YOUR USE OF THE DRUNDO AFFILIATE SERVICES INDICATES YOUR
AGREEMENT TO BE BOUND BY THIS AGREEMENT.
AFFILIATE PAYMENT
You will receive a Commission for referring clients to Drundo for web hosting, web
security, e-commerce and credit card merchant services. Drundo will pay you 10% - 40%
flat rate payment depending on the service/product purchased trough Drundo. These
ongoing payments are dependent on your continued promotion of Drundo products and services.
No commission will be paid for signups by you or anyone within your organization!
Payments are made via PAYPAL ONLY. No other form of payment will be made.
Payments shall be made by Drundo to Affiliates on a monthly basis (1st business
day of each month). Drundo reserves the right to change payment methods at any time,
for any reason.
Drundo may reverse any commission paid to you, and subtract said commission from future
payments to you, if Drundo receives a chargeback on a transaction from a client you
referred to Drundo.
REGISTRATION
To sign up to be an Affiliate and to use the Services as an Affiliate Partner you
must be at least 18 years of age. You warrant that the information you provide to
us upon registration is complete, valid and honest, including your Social Security
number or EIN. Your account may not be transferred or sold to another party.
ENROLLMENT PROCESS
To begin the enrollment process, Affiliate will submit an application via Drundo affiliate
sign up form.Drundo shall evaluate Affiliate's application and will notify Affiliate
of Affiliate's acceptance or rejection. Drundo may reject Affiliate's application
if Drundo determines that Affiliate's site is unsuitable for the Affiliate Program.
Reasons for rejection can include, but are not limited to the Affiliate's site promoting
violence, discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age, pornography, obscenity, or the Affiliate's site promoting illegal
activities and/or violating intellectual property rights.
LINKING
We will provide you with textual and graphical links (Link Materials) with which you
may link your Web site to our Web site. These Link Materials are available in your
affiliate login panel in the 'Text Link/Banners' area. If you are an approved Affiliate,
we grant you a non-exclusive limited license solely to reproduce and use these Link
Materials, including our trademarks to the extent they are incorporated into these
Link Materials, only while you are an Affiliate and only in accordance with the terms
and conditions of this Agreement. You many include Link Materials in mailings to your
opted-in lists and in other advertisements at your discretion. You agree to display
the Link Materials appropriately on your Web site and in advertisements, and to respect
our trademarks, service marks, and other rights in the Link Materials. You will use
only these Link Materials to link to Drundo, and you will not alter the look or feel
of these Link Materials or of our Web site in any way. You will use reasonable efforts
to update to new versions of Link Materials as we make them available.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal
representative, partnership, or other form of joint enterprise between the parties.
Neither party shall have authority to contract for or bind the other in any manner
whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE DRUNDO SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
DRUNDO EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DRUNDO SERVICE
WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION
GIVEN BY DRUNDO, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY
YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL DRUNDO, OR ITS AFFILIATES BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF OR INABILITY TO USE THE DRUNDO SERVICE, INCLUDING BUT NOT LIMITED
TO RELIANCE ON ANY INFORMATION OBTAINED ON THE DRUNDO SERVICE; OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE
TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE
OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO DRUNDO RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER
HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT DRUNDO IS GIVEN
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL
CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM DRUNDO AND ITS AFFILIATES.
UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS
OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY,
TORT, PRODUCT LIABILITY OR OTHERWISE.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER
REASON.
COPYRIGHT AND TRADEMARKS
All contents of the Drundo Web Site are proprietary to Drundo Internet Solutions,
and/or its suppliers and are protected under Copyright. All rights are reserved. Drundo
reserves any rights not expressly granted herein.
BREACH
Without limiting other remedies, Drundo may immediately issue a warning, temporarily
suspend, indefinitely suspend or terminate your membership and refuse to provide services
to you: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate
any information you provide to us; or (c) if we believe that your actions may cause
legal liability for you, our users or us.
ASSIGNMENT
In the event of a merger or consolidation of Drundo, the surviving or new corporation
and any subsidiaries are similarly subject to the rights and obligations of this Agreement.
AFFILIATES RESPONSIBILITIES
Drundo operates a zero tolerance spam policy. If you use Drundo for spamming purposes,
Drundo will terminate your membership in the Affiliate program and all of your profits
will be forfeited immediately. Further, Drundo reserves the right to recover from
Affiliate the costs incurred by Drundo in cleaning up the results of the "spam".
You may not use misleading advertising in relationship to Drundo; doing so may result
in the termination of your membership in the Affiliate program.
SUITABILITY and REPRESENTATION
You agree to represent Drundo Internet Solutions in a tasteful way and declare that
your web site is acceptable in presentation. If we review your site and find it to
be, in our opinion, unsuitable, you will be given the opportunity to rectify the issues
or you accept that Drundo has the right to terminate your affiliation.
FORCE MAJEURE
If by reason of failures of telecommunications or internet service providers, labor
disputes, riots, inability to obtain labor or materials, earthquake, fire or other
action of the elements, accidents, governmental restrictions or other causes beyond
the control of Drundo, Drundo is unable to perform in whole or in part its obligations
as set forth in this Agreement, then Drundo shall be relieved of those obligations
to the extent it is so unable to perform and such inability to perform shall not make
Drundo liable to the User.
GOVERNING LAW
State of Massachusetts law shall govern this Agreement, and any dispute arising from
the relationship between the parties to this Agreement, excluding any laws that direct
the application of another jurisdiction's laws. In any litigation, arbitration, or
other proceeding by which one party either seeks to enforce its rights under this
Agreement (whether in contract, tort, or both) or seeks a declaration of any rights
or obligations under this Agreement, the prevailing party shall be awarded its reasonable
attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities
clause. The parties consent to the exclusive jurisdiction and venue of the courts
of the State of Massachusetts or to any Federal Court located within the State of
Massachusetts.
ARBITRATION
Any legal controversy or legal claim arising out of or relating to this Agreement
or our services shall be settled by non-binding arbitration before the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or controversy of
any other party. The arbitration shall be conducted in Massachusetts, as the parties
to this agreement agree to be governed by the laws of Massachusetts. Either party
may seek any interim or preliminary relief from a court of competent jurisdiction
in Massachusetts necessary to protect the rights or property of party pending the
completion of arbitration. The prevailing party from arbitration shall be entitled
to reasonable attorney's fees, which shall be set forth by the arbitrator(s). Judgment
upon the award rendered may be entered in any court in the state of Massachusetts
with jurisdiction. The parties shall bear equally all fees, costs and expenses of
the arbitration, and each party shall bear its own legal expenses, attorneys fees,
and costs of all experts and witnesses, provided, however, the arbitration panel may
apportion between the parties, as said arbitrator may deem equitable, the cost incurred
by either party.
WAIVER
The failure of Drundo to enforce a provision of this Agreement shall not be construed
as a waiver of limitation of Drundo's right to strictly enforce and compel strict
compliance with every provision of this Agreement.
SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable for
any reason, the remaining provisions shall continue to be valid and enforceable. If
a court finds that any provision of this Agreement is invalid or unenforceable, but
that by limiting such provision it would become valid or enforceable, then such provision
shall be deemed to be written, construed, and enforced as so limited.
ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive
statement of the Agreement between the parties regarding the products and services
provided hereunder, and supercedes any prior Agreements between the parties with respect
thereto, including previous agreements between the parties through other avenues.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Drundo against any and all claims,
losses, liability costs and expenses (including but not limited to reasonable attorneys'
fees) arising from your violation of this Agreement or any third-party's rights, (including,
without limitation, infringement of any copyright trademark, service mark, trade secrets,
right of privacy or publicity or any other third party right). The terms of this section
shall survive the termination of your relationship with Drundo.
SURVIVAL
The terms of this Agreement apply to those obligations that survive any cancellation,
termination, or rescission, namely ownership, confidentiality/non-disclosure, warranty,
indemnification, liability and limits thereon, rights and obligations upon and following
termination and assignment.
MODIFICATIONS
Drundo reserves the right to modify this policy at any time and without advance notice,
effective upon making the modified provisions available on the Drundo Web Site. You
are responsible for regularly reviewing the Web Site for any changes or modifications.
Your continued use of the Services after any such changes shall constitute your consent
to such changes. Drundo does not and will not assume any obligation to notify you
of any changes to the terms of the Agreement. Furthermore, Drundo may add to, change,
suspend or discontinue any and all aspects of the Service at any time, with no prior
notice necessary and without owing anything further to the Affiliate