|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
|Additional terms||As an Affiliate with AfterDarque, your unique URL will earn you 15% commission on all sales generated within 30 days of your referral's visit to our site! That means you have a whole month to capture sales! Affiliate commission applies to products only and not postage. All sales subject to program terms and conditions. Payouts occur at the end of every month. Contact us at Affiliates@AfterDarque.com for details and inquiries. Thanks!|
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Our affiliates are very important to us. We do our best
to treat you with the fairness and respect you deserve. We simply ask the same
consideration of you. We have written the following affiliate agreement with
you in mind, as well as to protect our company's name. So please bear with us
as we take you through this legal formality.
If you have any questions, please don't hesitate to let
us know. We are strong believers in straight-forward and honest communication.
For quickest results please email us at firstname.lastname@example.org.
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AFTER DARQUE
LLC. (DBA AfterDarque.com)
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING
THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT
AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND
This Agreement contains the complete terms and conditions
that apply to you becoming an affiliate in AfterDarque.com's Affiliate Program.
The purpose of this Agreement is to allow HTML linking between your web site
and the AfterDarque.com web site. Please note that throughout this Agreement,
"we," "us," and "our" refer to AfterDarque.com,
and "you," "your," and "yours" refer to the
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete
and submit the online application at the Shopify server via Refersion. The fact
that we auto-approve applications does not imply that we may not re-evaluate
your application at a later time. We may reject your application at our sole
discretion. We may cancel your application if we determine that your site is
unsuitable for our Program, including if it:
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or
assist others to infringe on any copyright, trademark or other intellectual
property rights or to violate the law
2.1.6. Includes "After Darque" or variations or
misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful,
threatening, defamatory, obscene, harassing, or racially, ethnically or
otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially
enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any
other website that you operate, explicitly or implied in a manner which
resembles our website nor design your website in a manner which leads customers
to believe you are AfterDarque.com or any other affiliated business.
2.2. As a member of AfterDarque.com's Affiliate Program,
you will have access to Affiliate Account Manager. Here you will be able to
review our Program’s details and previously-published affiliate newsletters,
download HTML code (that provides for links to web pages within the AfterDarque.com
web site) and banner creatives, browse and get tracking codes for our coupons
and deals. In order for us to accurately keep track of all guest visits from
your site to ours, you must use the HTML code that we provide for each banner,
text link, or other affiliate link we provide you with.
2.3. AfterDarque.com reserves the right, at any time, to
review your placement and approve the use of Your Links and require that you
change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will
be your responsibility. We may monitor your site as we feel necessary to make
sure that it is up-to-date and to notify you of any changes that we feel should
enhance your performance.
2.5. It is entirely your responsibility to follow all
applicable intellectual property and other laws that pertain to your site. You
must have express permission to use any person's copyrighted material, whether
it be a writing, an image, or any other copyrightable work. We will not be
responsible (and you will be solely responsible) if you use another person's
copyrighted material or other intellectual property in violation of the law or
any third party rights.
3. AfterDarque.com Rights and Obligations
3.1. We have the right to monitor your site at any time
to determine if you are following the terms and conditions of this Agreement.
We may notify you of any changes to your site that we feel should be made, or
to make sure that your links to our web site are appropriate and to notify
further you of any changes that we feel should be made. If you do not make the
changes to your site that we feel are necessary, we reserve the right to
terminate your participation in the AfterDarque.com Affiliate Program.
3.2. AfterDarque.com reserves the right to terminate this
Agreement and your participation in the AfterDarque.com Affiliate Program
immediately and without notice to you should you commit fraud in your use of
the AfterDarque.com Affiliate Program or should you abuse this program in any
way. If such fraud or abuse is detected, AfterDarque.com shall not be liable to
you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of
your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with
or without cause, by giving the other party written notice. Written notice can
be in the form of mail, email or fax. In addition, this Agreement will terminate
immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this
Agreement at any time at our sole discretion. In such event, you will be
notified by email. Modifications may include, but are not limited to, changes
in the payment procedures and AfterDarque.com's Affiliate Program rules. If any
modification is unacceptable to you, your only option is to end this Agreement.
Your continued participation in AfterDarque.com's Affiliate Program following the
posting of the change notice or new Agreement on our site will indicate your
agreement to the changes.
AfterDarque.com uses a third party to handle all of the
tracking and payment. The third party is the Refersion affiliate network. Kindly
review the network’s payment terms and conditions.
7. Access to Affiliate Account Interface
You will create a password so that you may enter
ShareASale’s secure affiliate account interface. From their site you will be
able to receive your reports that will describe our calculation of the
commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but
naturally any promotion that mentions AfterDarque.com could be perceived by the
public or the press as a joint effort. You should know that certain forms of
advertising are always prohibited by AfterDarque.com. For example, advertising
commonly referred to as "spamming" is unacceptable to us and could
cause damage to our name. Other generally prohibited forms of advertising
include the use of unsolicited commercial email (UCE), postings to
non-commercial newsgroups and cross-posting to multiple newsgroups at once. In
addition, you may not advertise in any way that effectively conceals or
misrepresents your identity, your domain name, or your return email address.
You may use mailings to customers to promote AfterDarque.com so long as the
recipient is already a customer or subscriber of your services or web site, and
recipients have the option to remove themselves from future mailings. Also, you
may post to newsgroups to promote AfterDarque.com so long as the news group
specifically welcomes commercial messages. At all times, you must clearly
represent yourself and your web sites as independent from AfterDarque.com. If
it comes to our attention that you are spamming, we will consider that cause
for immediate termination of this Agreement and your participation in the AfterDarque.com
Affiliate Program. Any pending balances owed to you will not be paid if your
account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively
bid in their Pay-Per-Click campaigns on keywords such as AfterDarque.com,
merchant, www.merchant, www.AfterDarque.com, and/or any misspellings or similar
alterations of these – be it separately or in combination with other keywords –
and do not direct the traffic from such campaigns to their own website prior to
re-directing it to ours, will be considered trademark violators, and will be
banned from Merchant’s Affiliate Program. We will do everything possible to
contact the affiliate prior to the ban. However, we reserve the right to expel
any trademark violator from our affiliate program without prior notice, and on
the first occurrence of such PPC bidding behavior.
8.3. Affiliates are not prohibited from keying in
prospect’s information into the lead form as long as the prospects’ information
is real and true, and these are valid leads (i.e. sincerely interested in
8.4. Affiliate shall not transmit any so-called
“interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance
Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or
“deceptive pop-ups and/or pop-unders” to consumers from the time the consumer
clicks on a qualifying link until such time as the consumer has fully exited
Merchant’s site (i.e., no page from our site or any AfterDarque.com’s content
or branding is visible on the end-user’s screen). As used herein a.
“Parasiteware™” and “Parasitic Marketing” shall mean an application that (a)
through accidental or direct intent causes the overwriting of affiliate and non
affiliate commission tracking cookies through any other means than a customer
initiated click on a qualifying link on a web page or email; (b) intercepts
searches to redirect traffic through an installed software, thereby causing,
pop ups, commission tracking cookies to be put in place or other commission
tracking cookies to be overwritten where a user would under normal
circumstances have arrived at the same destination through the results given by
the search (search engines being, but not limited to, Google, MSN, Yahoo,
Overture, AltaVista, Hotbot and similar search or directory engines); (c) set
commission tracking cookies through loading of Merchant site in IFrames, hidden
links and automatic pop ups that open AfterDarque.com’s site; (d) targets text
on web sites, other than those web sites 100% owned by the application owner,
for the purpose of contextual marketing; (e) removes, replaces or blocks the
visibility of Affiliate banners with any other banners, other than those that
are on web sites 100% owned by the owner of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable
right to (i) access our site through HTML links solely in accordance with the
terms of this Agreement and (ii) solely in connection with such links, to use
our logos, trade names, trademarks, and similar identifying material
(collectively, the "Licensed Materials") that we provide to you or
authorize for such purpose. You are only entitled to use the Licensed Materials
to the extent that you are a member in good standing of AfterDarque.com's
Affiliate Program. You agree that all uses of the Licensed Materials will be on
behalf of AfterDarque.com and the good will associated therewith will inure to
the sole benefit of AfterDarque.com.
9.2. Each party agrees not to use the other's proprietary
materials in any manner that is disparaging, misleading, obscene or that
otherwise portrays the party in a negative light. Each party reserves all of
its respective rights in the proprietary materials covered by this license.
Other than the license granted in this Agreement, each party retains all right,
title, and interest to its respective rights and no right, title, or interest
is transferred to the other.
AFTERDARQUE.COM MAKES NO EXPRESS OR IMPLIED
REPRESENTATIONS OR WARRANTIES REGARDING AFTERDARQUE.COM SERVICE AND WEB SITE OR
THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF AFTERDARQUE.COM
ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY
DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE
OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE
LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed
and delivered by you and constitutes your legal, valid, and binding obligation,
enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to
enter into and be bound by the terms and conditions of this Agreement and to
perform your obligations under this Agreement, without the approval or consent
of any other party;
11.3. You have sufficient right, title, and interest in
and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT
MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY
OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR
GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL AFTERDARQUE.COM'S
CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT,
WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR
EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS
You hereby agree to indemnify and hold harmless AfterDarque.com,
and its subsidiaries and affiliates, and their directors, officers, employees,
agents, shareholders, partners, members, and other owners, against any and all
claims, actions, demands, liabilities, losses, damages, judgments, settlements,
costs, and expenses (including reasonable attorneys' fees) (any or all of the
foregoing hereinafter referred to as "Losses") insofar as such Losses
(or actions in respect thereof) arise out of or are based on (i) any claim that
our use of the affiliate trademarks infringes on any trademark, trade name,
service mark, copyright, license, intellectual property, or other proprietary
right of any third party, (ii) any misrepresentation of a representation or
warranty or breach of a covenant and agreement made by you herein, or (iii) any
claim related to your site, including, without limitation, content therein not
attributable to us.
All confidential information, including, but not limited
to, any business, technical, financial, and customer information, disclosed by
one party to the other during negotiation or the effective term of this
Agreement which is marked "Confidential," will remain the sole
property of the disclosing party, and each party will keep in confidence and
not use or disclose such proprietary information of the other party without
express written permission of the disclosing party.
15.1. You agree that you are an independent contractor,
and nothing in this Agreement will create any partnership, joint venture,
agency, franchise, sales representative, or employment relationship between you
and AfterDarque.com. You will have no authority to make or accept any offers or
representations on our behalf. You will not make any statement, whether on Your
Site or any other of Your Site or otherwise, that reasonably would contradict
anything in this Section.
15.2. Neither party may assign its rights or obligations
under this Agreement to any party, except to a party who obtains all or
substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted
in accordance with the laws of the State of New York without regard to the
conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this
Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement
between us and you, and shall supersede all prior agreements and communications
of the parties, oral or written.
15.6. The headings and titles contained in this Agreement
are included for convenience only, and shall not limit or otherwise affect the
terms of this Agreement.
15.7. If any provision of this Agreement is held to be
invalid or unenforceable, that provision shall be eliminated or limited to the
minimum extent necessary such that the intent of the parties is effectuated,
and the remainder of this agreement shall have full force and effect.