|
dailyword.com Affiliate Program Terms & Agreement This letter of agreement, last updated July 19, 2005, is made between the dailyword.com Affiliate and Unity, publishers of dailyword.com (www.dailyword.com), Daily Café on dailyword.com, and Daily Word, Daily Word in Large Type, LaPalabra Diaria and Unity Magazine magazines, sets forth the points of a strategic Affiliate between the two parties. 1. Description of the Program
Once your application has been approved, you will be able to participate as a dailyword.com Affiliate (“Affiliate”) of the dailyword.com Affiliate Program. As an Affiliate, you will be permitted to establish links from your Web site ("Your Site") as designated by you, to dailyword.com, and we will provide you with the appropriate links. These links and banners, text, and/or RSS Feed link (“Our Promotional Materials”), will provide you the opportunity to earn commissions on the sales of dailyword.com online memberships and subscriptions to the magazines published by Unity when consumers follow the links from Your Site to dailyword.com and purchase dailyword.com online memberships or Daily Word, Daily Word in Large Type, LaPalabra Diaria, or Unity Magazine. 2. Applying to Become an Affiliate in the dailyword.com Affiliate Program
Complete the application located on the dailyword.com website and click on the Affiliate Program. Your application will be evaluated and we will notify you of our acceptance or rejection of Your Site as a dailyword.com Affiliate. We may reject your application if we determine (in our sole discretion) that Your Site is unsuitable for the dailyword.com Affiliate Program for any reason (including without limitation, because Your Site contains material that is violent, threatening, harmful, obscene, pornographic, unlawful, discriminatory, defamatory, infringing, harassing, offensive or otherwise objectionable or inappropriate). If your application is rejected, you are welcome to reapply to the dailyword.com Affiliate Program at any time. You should understand that even if we accept your application, we may later determine (in our sole discretion) that Your Site is unsuitable, in which case we may terminate this Agreement. 3. Establishing Links from Your Site to Our Site
After notification of acceptance into the Affiliate Program, you may begin establishing links from Your Site to dailyword.com as described in the instructions located on the dailyword.com website. You may then feature dailyword.com and or Daily Word, Daily Word in Large Type, LaPalabra Diaria, and Unity Magazineon Your Site. At your discretion, you will provide a link(s) for these productsdirectly from the promotion on Your Site to the homepage of dailyword.com using the link(s) designated by us.
You will be responsible for the maintenance and placement of Our Promotional Materials on Your Site. You may not alter, modify or change in any way Our Promotional Materials without our prior written approval, and you will be responsible for any inaccuracies or other changes when posting Our Promotional Materials on Your Site. We may modify Our Promotional Materials at any time in our sole discretion, and you will make any such modifications promptly upon our request. You agree to immediately delete or remove Our Promotional Materials, along with any copies, from Your Site (or any other media under your control) upon our request or upon termination of this Agreement. You will be responsible for setting up the links connecting Your Site to the homepage of dailyword.com at the URL(s) designated by us, and for ensuring that the links are in good and working order. 4. Earning Referral Fees for Qualifying Orders
We will pay you referral fees ("Referral Fees") on the sale of dailyword.com memberships and/or Daily Word, Daily Word in Large Type, LaPalabra Diaria,and Unity Magazine subscriptions to consumers linked from Your Site (the affiliate tracking code will remain active for 30-days from the first visit to the dailyword.com site). Amount of Referral Fees
For each Qualifying Paid Membership for dailyword.com, we will pay you 25% of the amount paid by the consumer. (A Qualified Paid Membership remains paid and active after all trial periods have lapsed). For each Qualifying Paid Order (new or renewal) for Daily Word, Daily Word Large Type, LaPalabra Diaria, and Unity Magazine print subscription we will pay you 25% of the amount paid. All amounts specified in this Agreement are in United States dollars. 6.Payment of Referral Fees
We will pay you the Referral Fees on a fiscal quarterly basis (for fiscal quarters ending in July, October, January, and April). We will send you a check within thirty days from the end of the fiscal quarter for the Referral Fees earned by you on Qualifying Orders made during the previous three calendar months (less any taxes that we are required by law to withhold). However, we reserve the right to withhold any quarterly payment that in the aggregate amounts to less than the payment threshold set forth below ("Payment Threshold"), and to continue withholding any quarterly payments until the aggregate amount reaches the applicable Payment Threshold or this Agreement terminates (whichever is earlier). The Payment Threshold is as follows:
For dailyword.com memberships and/or Daily Word, Daily Word in Large Type, LaPalabra Diaria, and Unity Magazine commission checks will be issued to the Affiliate when the minimum commission threshold of 100 dollars is met in a given quarter. In the event the Affiliate meets the minimum threshold of 100 dollars in less than 12 months of a fiscal year but more then one quarter, the Affiliate will receive the combined quarterly commission in the given pay period for the quarter that the threshold is met. Affiliates who have not met the minimum commission threshold of 100 dollars but have earned some commissions in a fiscal year, will receive a check within thirty days following the last fiscal quarter for their total annual earned commissions. We will be responsible for tracking Qualifying Orders made through links from Your Site to dailyword.com. We will use commercially reasonable efforts to make available to you reports summarizing this sales activity. The method of delivery, form, content and frequency of these reports may vary from time to time at our discretion. Our records will be the determinative evidence of the Qualifying Orders that entitle you to the Referral Fees. These reports will be updated monthly. 7. Order Processing
We will be responsible for processing and fulfilling all orders for dailyword.com memberships and/or Daily Word, Daily Word in Large Type, LaPalabra Diaria, and Unity Magazine subscriptions placed by customers who follow links from Your Site to dailyword.com as described in this Agreement (including without limitation, preparing order forms, processing payments, shipping, cancellations and returns, and handling customer service). We reserve the right to reject orders that do not comply with any requirements that we may establish from time to time.
8. Policies, Procedures and Pricing of Our Product
Consumers who purchase dailyword.com memberships and/or Daily Word, Daily Word Large in Type, LaPalabra Diaria, and Unity Magazine subscriptions through the dailyword.com Affiliate Program (regardless of whether the purchase is made through a link on Your Site to Our Site or directly through dailyword.com) will be deemed to be our customers. Accordingly, our rules, policies and operating procedures concerning customer orders, customer service, and sales will apply to these customers. We may change our rules, policies and operating procedures at any time. For example, we retain sole discretion over what products are sold as part of this Program and may modify this selection at any time at our sole discretion. As another example, we retain sole discretion over the prices to be charged for dailyword.com memberships and/or Daily Word, Daily Word Large Type, LaPalabra Diaria, and Unity Magazine subscriptions that are to be sold as part of the dailyword.com Affiliate Program in accordance with our own pricing policies and may modify the pricing at any time at our sole discretion. You may not offer any discounts, rebates or premiums that would change the prices as designated by us. 9. Public Statements
You agree that we may identify you or Your Site as an Affiliate of the dailyword.com Affiliate Program as long as you are a current participant in the dailyword.com Affiliate Program. We may make this identification orally, in writing or electronically, including without limitation, in press releases, public announcements and promotional materials publicizing, advertising or promoting the dailyword.com Affiliate Program.
You may not issue any press release or public announcement, distribute any marketing or promotional materials or otherwise make any public communications (either in print or via electronic format such as, but not limited to: email, chat rooms, instant messaging, news groups, bulletin boards or forums) regarding this Agreement or your participation in the dailyword.com Affiliate Program without our prior written consent.
10. Limited License
We grant you a limited, nonexclusive, nontransferable, revocable right during the term of this Agreement to use (a) the graphic image and phrase identified in Section 9 solely for purposes of identifying Your Site as an Affiliate of the dailyword.com Affiliate Program in accordance with Section 9, (b) Our Promotional Materials described in Section 3 solely for purposes of establishing links between Your Site and Our Site in accordance with Section 3, and (c) any other proprietary materials for which we grant you express permission in writing solely for purposes of your participation in the dailyword.com Affiliate Program in accordance with the terms of such writing (collectively, "Our Proprietary Materials"). You may not alter, modify or change any of Our Proprietary Materials in any way. We reserve all of our rights (including without limitation, our copyright, trademark, patent or other intellectual property rights) in all of Our Proprietary Materials. We may revoke your license at any time without prior notice.
11. Responsibility for Your Site
You will be solely responsible for the development, operation and maintenance of Your Site and all materials that appear on Your Site (including without limitation, the technical operation of Your Site and all related equipment used to operate Your Site; creating, posting and maintaining the links from Your Site to dailyword.com; the accuracy and appropriateness of materials posted on Your Site (e.g., Our Promotional Materials); ensuring that materials posted on Your Site do not violate or infringe upon the rights of any third party (e.g., copyrights, trademarks, patents, privacy, publicity or other personal or proprietary rights); ensuring that materials posted on Your Site are not libelous or otherwise illegal).
12. Term and Termination of the Agreement
The term of this Agreement will begin upon our acceptance of your application to become an Affiliate of the dailyword.com Affiliate Program and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, for any reason, by giving the other party written notice of termination.
Upon termination of this Agreement for any reason, you will immediately cease any use of, and remove from Your Site, all links to Our Site and any of Our Proprietary Materials appearing on Your Site, and you will immediately destroy or return any of Our Proprietary Materials within your possession or control.
You are only eligible to earn Referral Fees on Qualifying Orders that occur during the term of this Agreement, and Referral Fees earned through the effective date of termination will remain payable only if the applicable Qualifying Orders are neither canceled nor returned.
13. Modifications to this Agreement
We may modify any of the terms and conditions of this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on dailyword.com or by sending you a written notice by email or other delivery. Modifications may include (but are not limited to) changes in the scope of available Referral Fees, the amount of the Referral Fees, the payment procedures, and rules of the Affiliate Program.
If any modification to this Agreement is unacceptable to you, your onlyrecourse is to terminate this Agreement. Your continued participation in the dailyword.com Affiliate Program following our posting of a change notice or new agreement or our written notice to you will constitute your binding acceptance of the change.
14. Relationship of the Parties
You and we are independent contractors, and nothing in this Agreement will create any joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section.
15. Representations and Warranties
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AFFILIATE PROGRAM, ANY OF OUR PRODUCT, OR ANY OF OUR SITE (INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF OUR SITE OR ORDERING PAGES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL BE NOT LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
16. Disclaimers and Indemnification
We specifically disclaim all liability concerning Your Site and all materials that appear on Your Site. You will indemnify and hold us (and our affiliates, subsidiaries and parent company, and their directors, officers and employees) harmless from any and all claims, liabilities, damages, costs and expenses (including without limitation, attorneys' fees) relating to the development, operation, maintenance, use, and materials of Your Site.
17. Limitation of Liability
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, FOR ANY LOSS OF PROFITS, REVENUE, DATA OR SERVICES, ARISING IN CONNECTION WITH THIS AGREEMENT, THE AFFILIATE PROGRAM, OUR PRODUCT OR OUR SITE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT, THE AFFILIATE PROGRAM, OUR PRODUCT OR OUR SITE WILL IN NO EVENT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
18. Governing Law and Jurisdiction
This Agreement will be governed by the laws of the State of Missouri, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Kansas City, Missouri and you irrevocably consent to the jurisdiction of such courts.
19. Assignment
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent, and any attempted assignment in violation of this Agreement shall be null and void. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
20. Waiver
Our failure to enforce any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
21. Confidentiality
Neither party shall disclose any of the terms and conditions of this Agreement to any third party without the express written consent of the other party. Neither party shall disclose to any third party the Confidential Information of the other party and shall not use any such Confidential Information for any purpose other than the purpose for which it was originally disclosed to the receiving party. "Confidential Information" means any information of a party disclosed to the other party, which is identified as, or should be reasonably understood to be, confidential to the disclosing party, including, but not limited to know-how, trade secrets, technical processes and formulas, software, customer lists, unpublished financial information, business plans, projections, and marketing data. "Confidential Information" shall not include information that (a) is known to the receiving party at the time it receives Confidential Information (b) has become publicly known through no wrongful act of the receiving party; (c) has been rightfully received by the receiving party from a third party authorized to make such communication without restriction; (d) has been approved for release by written authorization of the disclosing party; or (e) is required by law to disclose.
22. Entire Agreement
This is the entire agreement between the parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions between the parties. This Agreement may only be modified by a written instrument signed by both parties. I understand and agree that if I am under 21 years of age, I CANNOT participate in this Affiliate program. An acceptance box “click to accept” will be included at the end of this contract. |
Music planted seeds of faith in a young girl’s heart that grew within her over the yea... read more>>
Add RSS headlines. 
![Publishing Systems Powered by iProduction [kirk]](/images/logo_poweredby_static.gif "Publishing Systems Powered by iProduction [kirk]"){kind=logo}
