DallasNovelty.com - Affiliate Program

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Terms and Conditions
	To be an authorized affiliate of Dallas Novelty/DallasNoveltyCash.com, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Dallas Novelty Cash service as an affiliate. By signing up for the Dallas Novelty Cash affiliate program, you indicate your acceptance of this agreement and its terms and conditions. DallasNoveltyCash TERMS & CONDITIONS DallasNoveltyCash is committed to offering erotic content on the Internet that meets the highest possible standards for acceptability, and that prevents minors from viewing inappropriate material. Therefore we require the following of any affiliate prospective affiliate website in order for them to be accepted into the program: 1. You must have a notice of age requirements (18 or older) at the entrance to your site before any explicit sexual material, pictures or text. Any depiction of actual sexual conduct should be viewed only following a user passing through age verification. Prior to age verification, the viewing of pictures showing nude individuals is acceptable; however, there must be no sexual activity, self-touching of genitals, or detailed depictions of genitals or the pubic area displayed or described. This standard includes your own content as well as visuals in other banners and advertisements on your site. 2. The following types of subject matter are considered unacceptable and will not be permitted on an affiliate website: a. Incest b. Bestiality c. Depictions of underage participants (including participants who are dressed and depicted as underage, even though the participants are clearly adults) d. Non-consenting or coercive sex (including depictions of sex with individuals who are sleeping or under the influence of drugs or alcohol) e. Sex acts associated with pain or violence f. Bondage (where consent of participants is not clearly depicted) g. Urination and defecation h. Any website that "takes over" a user's web browser, installing software without the user's permission or not releasing the browser to the user's control (multiple pop-ups) on exit from any page within the affiliate site. (If leaving your site causes a user to reboot their system to close the browser, your site will not be accepted.) i. WAREZ sites j. We reserve the right to reject sites on Geocities/Yahoo, Angelfire, AOL/Compuserve, MSN, Tripod, or any other free web host, or any web host on which adult content is not in compliance with the host's terms and conditions. 3. If your site is members only, registration only or has other restricted areas where the Dallas Novelty banner may be placed, you must provide a user name and password on the application form so these areas can be reviewed for acceptability. Your site must be live and online at the time of review. Because of the review standards above, we DO NOT accept websites that are offline or have not been built. TERMS OF AGREEMENT 1. Abbreviations This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the DallasNoveltyCash Affiliate Program (the 'Program'). As used in this Agreement: - 'DN' refers to Dallas Novelty, a division of Maco Products, located at PO Box 1182, Wylie, TX 75098 - 'Affiliate' refers to the applicant - 'Site' means a World Wide Web site. - The DN Site means Dallas Novelty site located at the URL www.dallasnovelty.com. - The 'Affiliate's Site' is a Site owned and operated by the Affiliate that will link to the DN Site. 2. Enrollment in the Program The Affiliate applies for enrollment in the Program by submitting the enrollment form found on the DN Site. DN will evaluate the Affiliate's application and notify the Affiliate of the Affiliate's acceptance or rejection. DN may reject the Affiliate's application for any reason at its sole discretion. If DN accepts the Affiliate's application, the Affiliate agrees not to allow any content on the Affiliate's Site which constitutes unacceptable subject matter and to abide by the other Requirements for Affiliates set forth above (which are incorporated herein by this reference). 3. Termination of Affiliate DN may at any time and for any reason, at its sole discretion, terminate an Affiliate's participation in the Program. Such termination may be made by postal mail or e-mail. Upon being notified of such termination, the former Affiliate must immediately remove any and all DN icons and links from the Affiliate's Site to the DN Site, and must cease making any claims of being an DN Affiliate. Without limiting DN's discretionary right to terminate for any reason, as stated above, DN reserves the right to terminate any account that does not have a valid and functioning e-mail address or if the URL of the Affiliate's Site becomes invalid or inoperative. In the event an Affiliate is terminated from participation in the Program for violating of the terms of this Agreement, the Affiliate will forfeit any earned and unpaid commissions beginning the date the violation was found. DN may in its sole discretion agree to reinstate an account upon receipt of a request for reinstatement in writing sent to affiliate@DallasNovelty.com. 4. Link on The Affiliate's Site Upon acceptance into the Program, the Affiliate may post an DN logo on the Affiliate's site and a link to the DN site. 5. Referral Commissions Schedule The Affiliate will earn referral commissions based on Qualifying Revenues according to referral commissions schedules to be established by DN. 'Qualifying Revenues' are revenues derived by DN from DN's sales of products with respect to which Affiliate is entitled to a commission (as described below), but excluding costs for shipping, handling, gift-wrapping, taxes, service charges, credit card processing fees, and bad debt. Products returned by customers for refunds shall not qualify for referral commissions. 6. Qualifying for Referral Commissions DN will track all purchases made from the DN Site by customers who come directly from the Affiliate's Site, or who have come to the DN Site from the Affiliate Site and have returned later and made a purchase. The Affiliate will receive referral commissions from all such purchases as described below. DN reserves the right to reject any order from any customer for any reason, including, but not limited to the age or location of the customer. For a product sale to be eligible to earn a referral commission, the customer must enter the DN Site by way of a link from the Affiliate's Site, select and purchase the product using DN's automated ordering system, accept delivery of the product at the shipping destination, and remit full payment to DN. Once a customer coming from the Affiliate's Site has registered with the DN Site - whether or not they have made a purchase - the Affiliate shall qualify for referral fees from that customer, even if the customer comes to the DN Site by a route other than the Affiliate's Site. If the new customer does not make a purchase within 30 days of registering with DN, the Affiliate loses any claim to any commissions on later purchases from that customer. 7. Commissions from Downline In addition to commissions from customers coming directly from the Affiliate's Site, Affiliates will receive fees from customers coming from the Affiliate's Downline Sites. A downline Site is a Site that has signed up for the DallasNoveltyCash Affiliate Program by coming to the sign up site directly from the Affiliate's Site. 8. Referral Commission Amounts The base referral commission is 10% for customers coming from the Affiliate's Site and 5% for all downline sites. On subsequent purchases from an Affiliate's customers, DN will add a 5% bonus payment (for a total of 15%) for all future product purchases made online. DN reserves the right to change these fees upon notification by an alteration to this Agreement posted on the DN Site. DN reserves the right to compensate different Affiliates with different referral fees. The Affiliate understands that DN may at any time - directly or indirectly - solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with the Affiliate's Site. Dallas Novelty does not pay referral fees on sales from the Dallas Novelty home parties, orders placed by mail or phone, or via the Dallas Novelty catalog. 9. Referral Commissions Credited on Shipping Referral commissions will be credited to the Affiliate's account only at the time the customer's credit card is charged, not at the time the purchase is made. DN charges the customer's credit card at the time the product is shipped. While DN does everything possible to maintain adequate stock, out-of-stock items and slow distributors can sometimes delay shipping. 10. Referral Commissions for Registration DN will pay the Affiliate a referral commission of $1.00 for each unique visitor to the DN Site referred from the Affiliate Site who registers as an DN member, if the visitor makes a merchandise purchase from the DN Site within 30 days of registration. However, DN does not pay for new registrations of previously registered customers. 11. Referral Commission Payment DN will pay the Affiliate referral commissions on a monthly basis. Approximately 30 days following the end of each calendar month, DN will send the Affiliate payment through PayPal for the referral commissions earned on DN's sales of qualifying products that were shipped during that month, less any taxes that DN are required by law to withhold. However, if the referral fees payable to the Affiliate for any calendar month are less than $50, DN will hold those referral fees until the total amount due is at least $50 or until this Agreement is terminated. If the customer returns a product that generated a referral fee, DN will deduct the corresponding referral fee from the Affiliate's next monthly payment. If there is no subsequent payment, DN will send the Affiliate a bill for the referral commission. 12. Identifying The Affiliate as an DN Affiliate DN will make available to the Affiliate one or more icons bearing the DN logo that will enable customers to 'click' and go the DN Site. These icons may be changed by DN from time to time at DN's sole discretion. Because the Affiliate posts a URL to the icon - which resides on a server maintained by DN - DN will be able to change icons at any time without any actions on the part of the Affiliate. DN reserves all of its intellectual rights to its logo and any other graphic images or text that appears on its icons or the DallasNovelty.com website. 13. Term of the Agreement The term of this Agreement will begin upon DN's acceptance of the Affiliate's Program application and will end when terminated by either party. Either the Affiliate or DN may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination by postal mail or e-mail. Upon the termination of this Agreement, the Affiliate will immediately cease use of - and remove from the Affiliate's Site - all links to DN's Site, and all DN trademarks, logos, and all other materials provided by or on behalf of DN to the Affiliate pursuant hereto or in connection with the Program. The Affiliate is only eligible to earn referral commissions on DN's sales of qualifying products occurring during the term, and referral commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. DN may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. Notwithstanding anything to the contrary in this Agreement, Affiliate will forfeit any earned but unpaid commissions at the time of termination if termination of the Affiliate from the Program is with cause. 14. Modification of the Agreement DN may modify any of the terms and conditions contained in this Agreement, at any time and in DN's sole discretion, by posting a change notice or a new agreement on DN's Site. Modifications may include - but are not limited to - changes in the referral commissions, referral commission payment schedules, payment procedures, and Program rules. If any modification is unacceptable to the Affiliate, the Affiliate's only recourse is to terminate this Agreement. The Affiliate's continued participation in the Program following DN's posting of a change notice or new agreement on DN's Site will constitute binding acceptance of the change. 15. Relationship of Parties The Affiliate and DN are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Affiliate will have no authority to make or accept any offers or representations on DN's behalf. The Affiliate will not make any statement - whether on the Affiliate's Site or otherwise - that reasonably would contradict anything in this paragraph or in this Agreement as a whole. 16. Fulfillment and Customer Service DN is responsible for receiving, processing and shipping of all orders and resolving all customer service problems, - including shipping, authorization of credit cards, customer questions and returns. DN is not responsible for delays in shipment including, without limitation, delays caused by product availability, failure to authorize customer credit cards, or incomplete information given by the customer. While DN is infrequently out of stock due to our warehouses carrying large inventories, DN cannot guarantee product availability for shipment or sale. 17. Sales Performance DN is not responsible for the performance of sales from the Affiliate Site. Affiliates are responsible for their own equipment and software and for compliance with all laws applicable to their sites. Proper website design and placement of links on the Affiliate Site is solely the responsibility of the Affiliate. DN is not responsible for sales not attributed to the Affiliate due to improper coding or placement of links. 18. Email Promotions and Spamming Affiliates may not send any e-mail messages to customers or prospective customers - including any "spamming" - that mention the DN name, utilize or display DN trademarks, or feature any DN products, promotion or content. Affiliate may send promotional e-mail messages that promote the Affiliate Site (without mentioning DN) to its existing customers, but may not send any unsolicited e-mails/twitter posts/blog comments (i.e., no spamming) and may not utilize any third party mailing lists. Affiliate shall comply with all federal and state laws relating to e-mail. Affiliate shall ensure that its promotional e-mail messages contain: a. the words "THIS EMAIL IS AN ADVERTISEMENT", clearly in the body of the e-mail b. clear notice that the recipient may unsubscribe from future e-mail from the Affiliate c. a functioning return e-mail address that remains valid throughout the term of the Affiliate agreement d. clear notice of the Affiliates' physical postal address. Commercial e-mail messages sent by Affiliates must not contain any sexually explicit images or text. If the message links to a website that includes sexually explicit images or text, the subject line of the e-mail must begin with the words "SEXUALLY-EXPLICIT." The body of the e-mail must also include the words "SEXUALLY-EXPLICIT," and the link to the Affiliate's website must be accompanied by a warning that the viewer should not click on the link if he or she wants to avoid viewing sexually explicit images or text. Any violation of this Section 18 may result in immediate termination from the Affiliate Program and forfeiture of any earned commissions not yet paid. 19. Search Engine Placement and Search Terms Advertising Affiliate may not place search engine advertisements (pay per click, paid advertising, etc.) using the dallasnovelty (or any variations of) trademark or brand name without express permission of DallasNovelty. In addition, you may not run paid placement listings (such as via Yahoo Search Marketing or Google AdWords) where ads for the program: a. link directly to any of our stores and/or categories/products b. are triggered by words directly associated with Dallas Novelty or any of the sites in our network, specifically company names ( or variations of) or URLs. You may use PPC ads ONLY to drive traffic to your own website or store. You may not use Dallas Novelty affiliate links in PPC ads, nor link from PPC ads to any Dallas Novelty store. You may not place banners or links containing your affiliate id on websites, forums or blogs not directly owned or controlled by you. You may not append your affiliate ID to a product URL or datafeed and upload it to a free classified ad site such as Google Base. 20. Limitation of Liability DN will not be liable for indirect, special, or consequential damages - or any loss of revenue, profits, or data-arising in connection with this Agreement or the Program, even if DN has been advised of the possibility of such damages. Further, DN's aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to the Affiliate under this Agreement. 21. Disclaimers DN makes no express or implied warranties or representations with respect to the Program or any products sold through the Program - including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. DN does not promise, guarantee, represent or warrant that access to the DN Site will be error-free, accessible and uninterrupted at any particular time or that DN will always be able to process orders or information properly or in a timely manner. DN makes no promises, guarantees, representations or warranties in connection with its operation of the DN Site or its fulfillment or customer service functions or its products. 22. Independent Investigation The Affiliate acknowledges that the Affiliate has read this Agreement and agrees to all its terms and conditions. The Affiliate has independently evaluated the desirability of participating in the Program and is not relying on any representation, guarantee, or statement other than as set forth in this Agreement. 23. Non Assigment The Affiliate may not assign this Agreement-by operation of law or otherwise-without DN's prior written consent. 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. 24. Non Waiver of DN's Rights DN's failure to enforce the Affiliate's strict performance of any provision of this Agreement will not constitute a waiver of DN's right to subsequently enforce such provision or any other provision of this Agreement. 25. Paragraph Headings Paragraph headings contained herein are for the convenience of the parties only. They shall not be used in any way to govern, limit, modify, or construe this Agreement and shall not be given any legal effect. 26. Governing Law This Agreement will be governed by the laws of the United States and the state of Texas, 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 Texas and the Affiliate irrevocably consents to the jurisdiction of such courts. 27. New York State Affiliate Amendment Thank you for being an active Maco Products New York state based affiliate. This is an amendment to the standard Maco Products Affiliate Agreement. This automatically binding amendment results from the New York State Tax Department's April 2008 ruling establishing an Internet sales tax on orders from New York residents for companies with "advertising partners" in New York. This ruling is so potentially damaging some companies are closing their New York state affiliates. We are not taking this action, but the state of New York's new Internet Sales Tax requires these amendments: o Affiliate agrees to market Maco Products websites using approved banners or text links provided by Company. o Commissions will only be earned when approved banners or text links are used. o Use of unapproved links or banners may provide cause for immediate termination of Agreement. o Affiliate agrees not to incorporate product datafeeds on their site or sites. Acceptance of these amendments and conditions is automatic and effective May 20, 2010. If you would like to opt-out of the Maco Products affiliate program, please email respond affiliate@dallasnovelty.com.


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