| This
Agreement contains the complete terms and conditions that
apply to an individual's or entity's participation in the
DestroyAllEvidence.com Associate Program (the "Program").
As used in this Agreement, "we" means DestroyAllEvidence.com,
Inc., and "you" means the applicant. "Site" means a World
Wide Web site and, depending on the context, refers either
to DestroyAllEvidence.com's site or to the site that you
will link to our site.
1. Enrollment in the program
To begin
the enrollment process, you will submit a complete Program
Application via our site. We will evaluate your application
in good faith and will notify you of your acceptance or
rejection. We may reject your application if we determine
(in our sole discretion) that your site is unsuitable for
the Program. Unsuitable sites include those that:
- Promote
sexually explicit materials that is illegal in the country
you are targeting.
- Promote
violence
- Promote
discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
- Promote
illegal activities or any kind
- Violate
intellectual property rights
If we reject your application,
you are welcome to reapply to the Program at any time.
2. Links on Your Site
General
Link to DestroyAllEvidence.com's Home Page: You may provide
a general link on your site to our home page in a format
to be approved by DestroyAllEvidence.com. We will provide
you with guidelines and graphical artwork to use in linking
to our home page.
3. Order Processing We
will process product orders placed by customers who follow
special links from your site to the DestroyAllEvidence.com
site. We reserve the right to reject orders that do not
comply with any requirements that we periodically may establish.
We will be responsible for all aspects of order processing
and fulfillment. Among other things, we will prepare order
forms; process payments, cancellations, and returns; and
handle customer service. We will track sales made to customers
who purchase products using special links from your site
to our site and will update sales activities on daily basis.
To permit accurate tracking, reporting, and fee accrual,
you must ensure that the special links between your site
and our site are properly formatted.
4. Commission Fees
We will
pay you commissions on all product sales from customers
referred from your site. For a product sale to generate
a commission, the customer must follow a special link (in
the format specified by DestroyAllEvidence.com) from your
site to the DestroyAllEvidence.com site; purchase the product
using our automated ordering system; accept delivery of
the product at the shipping destination; and remit full
payment to us. We will not, however, pay commissions on
any products that are added to a customer's Shopping Cart
after the customer has reentered the site (other than through
a special link from your site), even if the customer previously
followed a link from your site to our site. We will also
not pay commissions on any referred Gift Certificate purchases
or purchases using any 'special offer codes'. The Program
is intended for commercial use only, and you may not purchase
products through the Program for your own use or resale.
Such purchases may result (in our sole discretion) in the
withholding of commissions or the termination of this Agreement.
Products that are entitled to earn commissions under the
rules set forth above are hereinafter referred to as "Qualifying
Products".
5. Fee Schedule You
will earn commissions based on the full sale price of Qualifying
Products (as defined above), according to the fee schedule
established by DestroyAllEvidence.com. "Sale price" means
the full retail sale price listed on our first web site
page and excludes the cost of shipping, handling and taxes,
if any. The current commission rate starts at 10% of the
sale price, on the day of order, for sales of all Qualifying
Products and increases on a sliding scale supplied by us
to you if you account is accepted.
6. Fee Payment We will pay you your commission by Pay pal within 10
days after the close of each calendar month (minimum $20).
If your account is below $20 at the end of the month, it
will be carried over to the following month. If you
want to keep the credited amount and
buy goods from our web in the future, you can request this
by sending a e-mail at Affiliate@Destroyallevidence.com.
Our Affiliate Program Customer Service Department will help
you.
7. Policies and Pricing
Customers
who buy products through this Program will be deemed to
be customers of DestroyAllEvidence.com. Accordingly, all
DestroyAllEvidence.com's rules, policies, and operating
procedures concerning customer orders, customer service,
and product sales will apply to those customers. We may
change our policies and operating procedures at any time.
For example, we will determine the prices to be charged
for products sold under this Program in accordance with
our own pricing policies. Product prices and availability
may vary from time to time. Because price changes may affect
products that you already have listed on your site, you
may not include price information in your product descriptions
unless previously agreed with us in writing. We will use
commercially reasonable efforts to present accurate information,
but we cannot guarantee the availability or price of any
particular product.
8. Identifying Yourself as an Associate
We will
make available to you a small graphic image that identifies
your site as a Program participant. You must display this
logo or the phrase "In association with DestroyAllEvidence.com"
somewhere on your site.
P.S. We
guarantee you the same high level of customer service you
would receive at DestroyAllEvidence.com. If you have a question
about an order you've placed, please don't hesitate to contact
us.
We may
modify the text or graphic image of this notice from time
to time.
9. Limited License
We grant
you a nonexclusive, revocable right to use the icon and
message described in Section 8 and such other images for
which we grant express permission, solely for the purpose
of identifying your site as a Program participant and to
assist in generating product sales. You may not modify the
icon, the message, or any of our images in any way. We reserve
all of our rights in the icon, the message, any other images,
our trade names, and all other intellectual property rights.
We may revoke your license at any time by giving you written
notice.
10. Responsibility for Your Site
You
will be solely responsible for the development, operation,
and maintenance of your site and for all materials that
appear on your site. For example, you will be solely responsible
for:
- The
technical operation of your site and all related equipment
- Creating
and posting product descriptions on your site and linking
those descriptions to our catalog / product
- The
accuracy and appropriateness of materials posted on your
site (including, among other things, all product-related
materials)
- Ensuring
that materials posted on your site do not violate or infringe
upon the rights of any third party (including, for example,
copyrights, privacy, or other personal or proprietary
rights)
- Ensuring
that materials posted on your site are not libelous or
otherwise illegal
We disclaim all liability for these matters. Further, you will
indemnify and hold us harmless from all claims, damages, and
expenses (including, without limitation, attorneys' fees)
relating to the development, operation, maintenance, and contents
of your site.
11. Terms of the Agreements
The terms
of this Agreement will begin upon our acceptance of your
Program application and will end when terminated by either
party. Either you or we may terminate this Agreement at
any time, with or without cause, by giving the other party
written notice of termination. You are only eligible to
earn commissions on sales of Qualifying Products occurring
during the term, and fees earned through the date of termination
will remain payable only if the related orders are not canceled
or returned. We may withhold your final payment for a reasonable
time to ensure that the correct amount is paid.
12. Modification
We may
modify any of the terms and conditions contained in this
Agreement, at any time and in our sole discretion, by posting
a change notice or a new agreement on our site. Modifications
may include, for example, changes in the scope of available
referral fees, fee schedules, payment procedures, and Program
rules.
IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE
IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION
IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE
OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE
OF THE CHANGE.
13. Relationship of Parties
You
and we are independent contractors, and nothing in this
Agreement will create any partnership, 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.
14. Limitation of Liability We
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
we have been advised of the possibility of such damages.
Further, our aggregate liability arising with respect to
this Agreement and the Program will not exceed the total
commissions paid or payable to you under this Agreement.
15. Disclaimers
We make
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, non-infringement, or any implied warranties
arising out of a course of performance, dealing, or trade
usage). 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.
16. Independent Investigation YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE
TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE
MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER
REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED
IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR
TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM
AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR
STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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- Can I change or personalize the images provided by DestroyAllEvidence.com?
- Can I use "DestroyAllEvidence.com" in my URL or the name
of my site?
- What kind of advertising can I do?
- What kinds of advertising are prohibited?
1. Can I change or
personalize the images provided by DestroyAllEvidence.com? Each
of the images we've created for you is intended to represent
our brand name and logo in a consistent fashion - we strongly
encourage you to use the images as presented. If you feel
that you must build something larger or more in keeping
with your Web site's overall design, you must submit any
proposed graphics that include our name, URL or logo for
our prior approval before displaying them online or in print.
2. Can I use "DestroyAllEvidence.com"
in my URL or the name of my site? Our
brand name is perhaps our single most valuable asset, and
any domain name that includes the word "DestroyAllEvidence.com"
or a similar-looking word might lead to confusion in the
minds of customers over who actually owns and operates your
site. Unfortunately, this means that we cannot accept any
applications from sites whose domain name or URL fits this
description. You should make every effort to develop and
retain your own independent identity on your site, from
the URL down to the page design.
3.
What kind of advertising can I do? Associates
are welcome to promote their own web sites, but naturally
any promotion that mentions DestroyAllEvidence.com could
be perceived by the public or the press as a joint effort.
Therefore, any use of our name in such promotions must be
pre-approved by DestroyAllEvidence.com. This includes advertisements,
press releases and mailings. Please submit your proposed
text by email to affiliate@destroyallevidence.com
for review.
4. What kinds of advertising
are prohibited? Certain
forms of indiscriminate advertising, commonly referred to
as "spamming", are unacceptable as they could cause damage
to our brand name. 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, Associates may not advertise
in any way that effectively conceals or misrepresents their
identity, their domain name or their return email address.
Mailings
are acceptable only so long as the recipient is already
a customer or subscriber to the Associate's services, and
recipients must have the option to remove themselves from
future mailings. Newsgroup postings are acceptable only
in newsgroups that specifically welcome commercial messages;
when in doubt, consult the newsgroup FAQ or moderators to
be sure that such a message is acceptable in that newsgroup.
Associates must also clearly represent themselves and their
web sites as independent entities from DestroyAllEvidence.com.
In any
forum or media, Associates are expected to honor the advertising
practices and restrictions that are commonly considered
acceptable by its readers. Failure to honor this code of
conduct can result in immediate termination of an Associate's
account. |