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 violence.
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- promote illegal activities.
If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.LINKS ON YOUR SITE
Once you have been notified that your site has been accepted into the Program we will provide you with a URL and instructions on how to set up special links between your site and ours. You may provide on your site one or more of our logos, text links and/or banners which you select from our graphics library. For accurate tracking, reporting, and commission accrual, you must ensure that the links between your site and our site are properly formatted. You will only be paid for activity on our site originating from these links, In accordance with the commission schedule.ORDER PROCESSING
We will process Product orders placed by customers who follow special links from your site to our 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 make available to you reports summarizing this sales activity.COMMISSION SCHEDULE
We will pay you a 20% commission on our complete line of products. This commission will be calculated on the net sales of all products shipped by Dreamcastle. Net sales being defined as the monthly gross less shipping and handling and sales tax if applicable. For example, suppose you sell 20 products during a thirty day month at $39.95 per order. That's $799 in sales, for which your commission will be $159.80. Since we offer a money back guarantee, any commissions due you will be less any refunds made to your customers. Checks will be issued no later than the tenth of each month. Any commission due less than $50 will be added to the following months check.POLICIES AND PRICING
Customers who buy products through this Program will be deemed to be customers of Dreamcastle. Accordingly, all Dreamcastle 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. Because price changes may affect Products that you might choose to list on your site, you should not include price information in those product descriptions.LIMITED LICENSE
We grant you a non-exclusive, revocable right to use the graphical images, logos and any message described in the section above and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant. You may not modify the graphical images, logos or the message, in any way. We reserve all of our rights in the graphical images, logos, license at any time by giving you written notice by e-mail or other means.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.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 referral fees paid or payable to you under this Agreement.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, noninfringement, 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.
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.MISCELLANEOUS
This Agreement will be governed by the laws of the United States and the state of California, 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 California, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our 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. Our failure to enforce your strict performance of 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.