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Affiliate Terms and Conditions Agreement
Effective March 1, 2008*
This document will set forth the terms and conditions under which Santa Fe Printing makes the Discount Printing Network Affiliate Program available to you. By becoming a Discount Printing Network affiliate you expressly agree to be bound by and follow all terms and conditions set forth in this document. If you do not agree to be bound by these terms and conditions your sole recourse is not to participate in the affiliate program.
Discount Printing Network reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Discount Printing Network Web Site. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Affiliate Program. Your continued participation in the Affiliate Program following posting of a change notice or new agreement on the Discount Printing Network Web Site will constitute binding acceptance of the changes.
- 1. General Rules
- 1.1 The Discount Printing Network Terms of Service and the Discount Printing Network Privacy Policy are incorporated herein by this reference.
As an Affiliate you will continue to be bound by the Discount Printing Network Terms of Service and the Discount Printing Network Privacy Policy. For purposes of clarity, the Affiliate Program is deemed part of the "Discount Printing Network Services," and all initially-capitalized terms not defined in this Agreement shall have the meaning set forth for such term in the Terms of Service and/or the Privacy Policy, and any disputes you may have resulting from your participation in the Affiliate Program will be subject to confidential binding arbitration in accordance with Section 12 of the Terms of Service. In the event of an inconsistency between this Agreement and the Discount Printing Network Terms of Service this Agreement shall control.
- 2. Becoming a Discount Printing Network Affiliate
- 2.1 Eligibility.
Discount Printing Network will only knowingly provide the Affiliate Program to parties that can lawfully enter into and form contracts under applicable law. The affiliate program is intended only for qualified not-for-profit organizations. Affiliate membership will be denied or rescinded to any organization not meeting the qualifications of a not-for-profit organization.
- 2.2 Opening an Account.
To become an Affiliate and have the right to participate in the Affiliate Program, you must enroll in the Affiliate Program by fully completing the affiliate application and opening an Affiliate account with Discount Printing Network through its online registration process.
- 2.3 Contact Information.
You must provide Discount Printing Network with accurate and complete contact and payment information when you open an Account. You must immediately notify Discount Printing Network if any of your contact or payment information changes. If you do not provide Discount Printing Network with complete, accurate, and updated contact information, you may not be eligible to receive donations or discounts based on your participation in the Affiliate Program.
- 2.4 Account Security.
You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any third party. You must notify Discount Printing Network immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Discount Printing Network immediately if you become aware of any other breach or attempted breach of the security of your Account or the Discount Printing Network Service.
- 3. Your Obligations
- 3.1 Special Links.
As a member of the Affiliate Program, Discount Printing Network will provide you with special "tagged" link formats ("Special Link(s)") to be used in linking to the Discount Printing Network Web Site. The Special Links will permit tracking, of orders. Discount Printing Network assumes no responsibility as to access to this information from your organization.
- 3.2 Use of Special Links.
Discount Printing Network will provide you with the Special Links and graphical artwork to use in linking to the Discount Printing Network Web Site. You must use the Special Links in accordance with the terms and conditions in this Agreement. Special Links will include, without limitation, one or more of the following types of links to the Discount Printing Network Web Site:
(a) Portal Page Links
(b) Category Links
(c) Search Results Link
(d) Banner Links
(e) General Link To Discount Printing Network Home Page
(f) Product Links
(g) Participating Shops
- 4. Customers Purchasing Via the Affiliate Program.
- 4.1 Order Processing and Reporting.
Discount Printing Network will process all product orders placed by customers who follow Special Links to the Discount Printing Network Web Site ("Customers"). Discount Printing Network reserves the right to reject orders that do not comply with any requirements that Discount Printing Network has and may periodically establish. Discount Printing Network will be responsible for all aspects of order processing and fulfillment. Among other things, Discount Printing Network will prepare order forms, process payments and handle customer service. Discount Printing Network will track sales made to Customers who purchase products using Special Links from your web site to the Discount Printing Network Web Site and will make available to you reports summarizing sales activity. Discount Printing Network will use commercially reasonable efforts to present accurate information in the reports, but Discount Printing Network cannot guarantee the accuracy of the reports.
- 4.2 Customers.
Customers who buy products through the Affiliate Program will be deemed to be customers of Discount Printing Network. Accordingly, all of the Discount Printing Network rules, policies, and operating procedures concerning customer orders, customer service and product sales will apply to those Customers. Discount Printing Network may change the Discount Printing Network policies and operating procedures at any time. Product prices and availability may vary from time to time. Discount Printing Network will use commercially reasonable efforts to present accurate information, but Discount Printing Network cannot guarantee the availability or price of any particular product.
- 5. Affiliate Donations and Reporting.
- Discount Printing Network will make donations according to the affiliate agreement Discount Printing Network Affiliates can earn commissions on the following types of transactions:
5.1 Discount Printing Network will make the following donations on qualifying sales originating from Special Links on your web site or web space :
15% on print sales defined as 14pt, 16pt 4-color 100 lb.
5% on eco-products and all apparel.
Customer projects will be quoted and will vary.
5.2 Payment of Donations
(a) Tax Information. In order to receive your Commissions you must provide your tax exempt information to Discount Printing Network as required by the IRS. If Discount Printing Network does not have your current on file for a particular year, your agreement may be subject to immediate termination.
(b) Donation Terms. Discount Printing Network will make donations at time of sale provided you have furnished Discount Printing Network with direct bank deposit information. Discount Printing Network will not be responsible for timely donations if you fail to provide such bank deposit information. It is also understood that it is your responsibility to notify Discount Printing Network in any change of such banking information.
(c) Project Credits . In the event any project charge is denied by the customer or project credit given, Discount Printing Network will deduct the donation made to your organization through the banking deposit information provided.
- 6. Identifying Yourself As An Affiliate.
- 6.1 Web Banner
Discount Printing Network will make available to you a small graphic image and link that identifies your participate in the Discount Printing Affiliate Program. You must display this banner somewhere on your web site or web space. Discount Printing Network may modify the text or graphic image of this notice from time to time.
- 6.2 All other Communications.
Discount Printing Network reserves the right to review all published communication regarding the Affiliate Program. Discount Printing Network will not be responsible in the even that published communications contain offers or pricing that is in error and not consistent with these terms and conditions or published pricing.
- 7. Limited Licenses.
- 7.1 Discount Printing Network License to You of Logo and Links.
Discount Printing Network grants you a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to you by Discount Printing Network, for use on your web site or web space, solely for the purpose of identifying your web site or web space as an Affiliate Program participant and to assist in generating donations. In addition, Discount Printing Network grants you a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your web site or web space to the Discount Printing Network Web Site and promoting the sale of products on the Discount Printing Network Web Site. All product images must be served by the Discount Printing Network Web Site and cannot be used in any form other than the form provided by Discount Printing Network. You may not modify the graphic images or text, or any other of the Discount Printing Network images, in any way. Discount Printing Network may revoke your agreement at any time by giving you written notice. Discount Printing Network reserves all of its rights in the graphic images, text, any other images, Discount Printing Network trade names and trademarks, and all other intellectual property rights. Any and all rights in and to Discount Printing Network's intellectual property shall inure to the benefit of Discount Printing Network.
- 8. Indemnification.
- As you are bound by the Terms of Service in using the Affiliate Program, you must indemnify, defend and hold Discount Printing Network harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms of Service in using the Affiliate Program in accordance with Section 9 of the Terms of Service. You must also indemnify, defend, and hold Discount Printing Network harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation (a) any claim that Discount Printing Network's use of any images provided via your web site or web space infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or (b) any claim related to your web site, including, without limitation, content therein not attributable to Discount Printing Network. Discount Printing Network may withhold any Commissions that it owes you if you have to indemnify Discount Printing Network.
- 9. Term and Termination.
- 9.1 Term.
The term of this Agreement will begin upon Discount Printing Network's acceptance of your Affiliate Program application and will end when terminated by either party.
- 9.2 Discount Printing Network Termination.
In its sole discretion, with or without notice to you, Discount Printing Network may terminate your participation in the Affiliate Program and terminate your Account. If Discount Printing Network determines, in its sole discretion, that you are abusing the system, the Discount Printing Network and/or the Discount Printing Network Affiliate Program, Discount Printing Network may (without limiting any other rights or remedies available to it) withdraw your participation and withhold any donations payable to you.
- 9.3 Your Termination.
You may terminate your Account for any reason at any time by visiting the "Close Account" page within the members area (Your Account > Account Login Info > Close Account).
- 9.4 Effect of Termination.
You can only generate donations during the term of the Agreement, and Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your web site, all links to the Discount Printing Network Web Site, product images from the Discount Printing Network database, all Discount Printing Network trademarks, trade dress and logos, all Special Links, and all other materials provided by or on behalf of Discount Printing Network to you pursuant hereto or in connection with the Affiliate Program.
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