Agreement contains the complete terms and conditions that
apply to your participation as a member of the
FatPockets.com Program (the "Program") operated by
Dixon James Productions, Inc. (hereinafter,
"Company," "we" or "us"). As
used in this Agreement, "you" or "your"
means the applicant/participating member.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND OUR COMPANY. BY
APPLYING FOR ACCOUNT ACTIVATION, YOU ARE STATING THAT YOU
HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH
HEREIN AND ARE INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE
PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS
HEREOF. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM
UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.
1. Enrollment in this Program.
To begin the enrollment process, you will submit a completed
application through our website http://www.FatPockets.com.
We will evaluate your application in good faith and will
notify you of your acceptance or rejection. We will reject
your application if we determine that you have provided
inaccurate or incomplete signup information, determine that
you are under 18 years of age (21 in some jurisdictions) or
determine that your site is unsuitable for the Program for
any reason, including, but not limited to, if your site
incorporates images or content that is unlawful, defamatory,
obscene, harassing or otherwise objectionable, such as sites
that facilitate illegal activity or promote violence or
promote or assist others in promoting copyright infringement
(collectively, "Content Restrictions"). Again, you
must be at least eighteen (18) years of age (or older if
legal age of majority is more than 18) to participate in
2. Utilizing Links on Your Site.
As an affiliate website of FatPockets.com, you may use any
form of promotion you choose, consistent with the terms of
this Agreement. You may use banner advertisements, button
links and/or text links to our site (the "Links"),
however, you cannot employ deceptive language or misleading
URL's in the Links, and you CANNOT MARKET BY SENDING
UNSOLICITED BULK E-MAILS!!! (As used herein, UBE, or
"Spam" refers to the transmission of unsolicited
bulk e-mails, i.e., not derived from a verifiable opt-in
program or sent absent a prior business relationship with
the recipient). Any activity by you or on your behalf that
we determine or reasonably suspect to be the result of an
unsolicited bulk e-mail program will result in your
immediate termination from the Program and your forfeiting
of monies otherwise due you hereunder. (For further
guidelines on this topic, please see Section 6, below.)
Allowable promotional links may contain FatPockets.com's
trade names, service marks, and/or logos for display on your
Affiliate Site. Subject to the terms and conditions hereof,
you are granted a limited, non-exclusive, non-transferable
license to access and download such Links and other
designated promotional materials for placement on your
Affiliate Site for the sole and exclusive purpose of
promoting websites owned, operated or controlled by Dixon
James Productions, Inc.. In utilizing the Links, you agree
that you will cooperate fully with us in order to establish
and maintain such Link or Links. A Link may only be visually
modified with our consent.
The Program pays commissions based on the number of tracked
signups sent by your affiliate account.
The Commission Rate is subject to change from time to time,
upon e-mail notice to you. Note that a commission will only
be paid if the visitor to our site can be tracked by the
system from the time of the Link to the time of the sale. No
commission will be paid if the visitor's payment to our site
cannot be tracked directly to your site by our system or if
full payment for services is not made to us by the customer.
No commission will be paid for signups by you or anyone
within your organization.
We reserve the right
to transfer your account from a pay-per-signup account to a
recurring partnership account if your conversion from trial
percentage rates are well below average. If your
account is transferred to a recurring partnership account,
it will be transfered retroactively, and
you will be paid 70% of the net revenue that your traffic
generates. Net revenue is defined as total revenue,
less credits, chargebacks, and merchant account fees.
4. Commission Payment.
Commissions due and owing to you under the Program will be
paid to you directly by EPOCH, our transaction processor, on a
weekly basis. Payments due and owing to you for
a pay period of less than $50.00 will be rolled over into
subsequent payment periods until at least $50.00 is
reached, at which time you will receive payment. Payments
will be in the form of a check in US dollars payable to you,
as identified in your application, and will be mailed to the
street address indicated in your application. You may
request and receive payment via wire transfer, provided, you
pay the costs associated with the payment, which is $30 per wire.
5. NO PASSWORD SITES
We have the right to immediately, and without notice,
terminate your participation in the Program if we, in our
sole and exclusive judgement, conclude that you use a
illegal PASSWORD SITE to advertise FatPockets.com, YOU WILL
BE BARRED FROM FUTURE PARTICIPATION IN THE PROGRAM AND ALL
FUNDS OTHERWISE DUE TO YOU WILL BE FORFEITED TO THE COMPANY.
6. ACCEPTABLE USE POLICY REGARDING BULK E-MAILINGS
We do not allow Webmasters to market websites promoted
through this Program through the transmission of bulk
e-mails. No exceptions.
HOW TO REPORT
UNSOLICITED BULK E-MAIL
If you believe you are the recipient of unsolicited bulk
e-mail from a person or company advertising websites under
this Program, please follow this procedure:
Please send your UBE complaint to Dixon James Productions
Inc. The best and easiest way to do this is by
forwarding the offending e-mail to firstname.lastname@example.org. If
you cannot forward the UBE, simply send an e-mail to email@example.com.
In either case, please include your name, address, telephone
number and any information you may have about the identity
of the person or entity that sent the UBE to you. You may be
able to collect information about the sender from the e-mail
itself, for instance, by examining the e-mails
"header," by examining the webpage or by running a
whois query against the webpage domain.
7. Non-Exclusive Limited License and Use of Affiliate Logos
You grant us a non-exclusive license to utilize your names,
titles and logos, trademarks (collectively the
"Affiliate Trademarks"), to advertise, market,
promote and publicize in any manner our rights hereunder.
Notwithstanding anything herein to the contrary, we shall
not be required to so advertise, market, promote or
publicize. You hereby represent and warrant that you are the
sole and exclusive owner of the Affiliate Trademarks and
have the right and power to grant to us the license to use
same in the manner contemplated herein, and such grant does
not or will not (i) breach, conflict with or constitute a
default under any agreement or other instrument applicable
to you or binding upon you, or (ii) infringe upon any
trademark, trade name, service mark, copyright, or other
proprietary right of any other person or entity. This
license shall terminate upon the effective date of the
expiration or termination of this Agreement.
8. 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. You are not Dixon James
Productions, Inc.'s agent, and we shall have no
responsibility for the development, operation and
maintenance of your site and for all materials that appear
on your site. You shall also be responsible for ensuring
that materials posted on your site do not violate or
infringe upon any laws, including but not limited to 18
U.S.C. Section 2257, or the rights of any third party
(including, for example, copyrights, trademarks, privacy, or
other personal or proprietary rights), and ensuring that
materials posted on your site are not libelous or otherwise
illegal. You must have express permission to use another
party's copyrighted or other proprietary material. We will
not be responsible if you use another party's copyrighted or
other proprietary material in violation of the law. In
addition to the foregoing, we will immediately terminate
your participation in the Program if we believe you have
engaged in any of the following:
- Unsolicited bulk e-mail (see Section 6, above), IRC
postings, forged header mailings or any other form of
mailing, including but not limited to, newsgroups or AOL
customers or otherwise violate the anti-UBE policies of ISPs
or state law;
- Provide inaccurate or incomplete information to Dixon
James Productions, Inc. concerning your identity, bank
account, address or other required information;
- Attempt to cheat, defraud or mislead us or our customers in any way;
- Misrepresent to the public the terms and conditions or
content of our sites or your sites;
- Promote passwords, MP3, or Warez;
- Own or operate a website in connection with a person who
is under 18 years of age; or
9. Test Joins
FatPockets.com does not pay for affiliate test joins. We
have no problem with you testing your account by joining
yourself. But you must notify FatPockets.com by Email.
Please Email us the site, date and username you joined with,
so we can cancel the join and payment. We will not pay for a
join we feel is a test join.
10. Procedure Relating to Alleged or Actual Third Party
Rights Infringement by a Participating Webmaster.
Upon Dixon James Productions, Inc. receipt of a proper
notice of alleged copyright, trademark, service mark or
publicity rights violation by Your participating website. We
will notify You and ask that You provide written
documentation of your right to use the allegedly infringing
material in your website. That documentation must be: (a) a
license of the rights; (b) consent from the rights holder or
their agent; or (c) a written statement from You or Your
attorney (in either email or fax form) explaining Your claim
to have a lawful right, or a legal defense, to display the
allegedly infringing material.
If You do provide us with appropriate rights documentation
(a, b or c, above), we will forward that documentation to
the rights holder or their agent, as appropriate. Should the
rights. holder/agent not be satisfied, we will provide the
rights holder/agent with Your contact information in order
that they may contact You and pursue any remaining dispute
with You directly.
If you fail to provide the us an appropriate written
response (a, b or c, above), You will have ten (10) days
from the date of our original notification to You to remove
the complained of content. Should you fail to remove said
content within ten days, the referring URL containing the
complained of content will be blocked and any funds
otherwise due and payable to You relating to the referring
URL will be forfeited, UNTIL SUCH TIME AS YOU PROVIDE AN
APPROPRIATE WRITTEN RESPONSE.
HOW TO REPORT ALLEGED RIGHTS INFRINGEMENT BY A WEBMASTER
PARTICIPATING IN THE FatPockets.com PROGRAM
If you are the holder, or authorized representative of the
holder, of a copyright, trademark, service mark, or
publicity right that you have reason believe is being
infringed by a third party webmaster participating in the
FatPockets.com program, contact firstname.lastname@example.org.
11. Term of the Agreements.
The term of this Agreement will begin upon our acceptance of
your Affiliate 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 notice of termination. Notice by e-mail, to
your e-mail address on our records, is considered sufficient
notice for to terminate this Agreement. If this Agreement is
terminated because you have violated the terms of this
Agreement you are not eligible to receive any commissions
payments, even for commissions earned prior to the date of
termination. If this Agreement is terminated for any other
reason, you are only eligible to earn a commission on sales
occurring 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. We
reserve the right to withhold your final payment for a
reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in
this Agreement, at any time and in our sole discretion.
Notice of any change by e-mail, to your address on our
records, or the posting on our site of a change notice of a
new agreement, is considered sufficient notice for notifying
you of a modification to the terms and conditions of this
Agreement. Modifications may include, but are not limited
to, changes in the scope of available commission fees,
commission schedules, payment procedures, and Affiliate
Program rules. All such modifications shall take effect 48
hours after we serve notice as provided above, unless we
indicate otherwise. If any modification is unacceptable to
you, your only recourse is to terminate this Agreement. Your
continued participation in the Affiliate 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 Dixon James Productions, Inc. 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. You
are not an agent of Dixon James Productions, Inc., and
Dixon James Productions, Inc.expressly disclaims
responsibility for any conduct by you in violation of our
terms of agreement.
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
Affiliate 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
Affiliate Program will not exceed the total commissions paid
or payable to you under this Agreement.
We make no express or implied warranties or representations
with respect to the Affiliate Program or any Dixon James
Productions, Inc. services or other items 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. Representations and Warranties.
You hereby represent and warrant to us that 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; and
that the execution, delivery and performance by you of this
Agreement are within your legal capacity and power; have
been duly authorized by all requisite action on your part;
require the approval or consent of no other persons; and
neither violate nor constitute a default under the (i)
provision of any law, rule, regulation, order, judgment or
decree to which you are subject or which is binding upon
you, or (ii) the terms of any other agreement, document or
instrument applicable to you or binding upon you. Should any
law enforcement agency or internet service provider provide
Dixon James Productions, Inc. with notice that you have
engaged in transmission of unsolicited bulk e-mails or have
otherwise engaged in unlawful conduct or conduct in
violation of said service provider's terms of service, we
reserve the right to cooperate in any investigation relating
to your activities including disclosure of your account
information in connection therewith.
We may disclose to you certain information as a result of
your participation as part of the Program, which information
we consider to be confidential (herein referred to as
"Confidential Information"). For purpose of this
Agreement, the term "Confidential Information"
shall include, but not be limited to, any modifications to
the terms and provisions of this Affiliate Program Agreement
made specifically for your site and not generally available
to other members of the Affiliate Program, website, business
and financial information relating to Dixon James
Productions, Inc., customer and vendor lists relating to
Dixon James Productions, Inc. and any members of the
Affiliate Program, other than you. Confidential Information
shall also include any information that we designate as
confidential during the term of this Agreement. You agree
not to disclose any Confidential Information and that such
Confidential Information shall also include any information
that we designate as confidential during the term of this
Agreement. You agree not to disclose any Confidential
Information and that such Confidential Information shall
remain strictly confidential and secret and shall not be
utilized, directly or indirectly, by you for your own
business purposes or for any other purpose except and solely
to the extent that any such information is generally known
or available to the public or if same is required by law or
legal process. Should you received a court notice, complaint
or subpoena requesting or seeking to compel disclosure of
Confidential Information, you shall immediately inform Dixon
James Productions, Inc. and Dixon James Productions, Inc.
shall have the right, and be given the opportunity, to
obtain a protective order to prevent disclosure of such
Confidential Information. We make no warranty, expressed or
implied, with respect to any information delivered
hereunder, including implied warranties of merchantability,
fitness for a particular purpose or freedom from patent,
trademark or copyright infringements, whether arising by
law, custom or conduct, or as to the accuracy or
completeness of the information and we shall not have any
liability to you or to any other person resulting from your
or such third persons use of the information.
You hereby agree to indemnify, defend and hold harmless
Dixon James Productions, Inc., its shareholders, officers,
directors, employees, agents, affiliates, successors and
assigns, from and against any and all claims, losses,
liabilities, damages or expense (including attorneys' fees
and costs) of any nature whatsoever incurred or suffered by
us (collectively the "Losses"), in so far as such
Losses (or actions in respect thereof) arise out of or are
based on (i) any claim or threatened claim that our use of
the Affiliate Trademarks infringes on the rights of any
third party; (ii) the breach of any promise, covenant,
representation or warranty made by you herein; or (iii) or
any claim related to your site.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DIXON JAMES
PRODUCTIONS, INC.. BY JOINING THE PROGRAM YOU ARE STATING THAT YOU HAVE READ AND
UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE INDICATING
YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU
AGREE TO BE BOUND BY THE TERMS THEREOF.
questions or comments please contact email@example.com.