Dream Merchants Ads Terms Of Service This Agreement between you and Dream Merchants Ads and its affiliates ("Dream Merchants") consists of these Standard Terms and Conditions ("Terms and Conditions"), the Dream Merchants Ads Program (the "Program") Frequently Asked Questions, which may be revised periodically, and the terms of any advertising campaign you submit or modify. "You" or "Advertiser" means any entity identified in an enrollment form submitted by the same or affiliated persons, and / or any agency acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.
Uses - Partner
You agree that your ads may be placed on any
site owned or operated by Dream Merchants Ads on any site owned
by a third party (a "Partner") with which Dream Merchants
Ads has an agreement to place Dream Merchants Ads ("Partner
Site"). Unless otherwise agreed to in writing by Dream Merchants
Ads, any ads may be modified without your consent to comply with
any policy of Dream Merchants Ads or any Partner Site. Dream Merchants
Ads reserves the right to, and in its sole discretion may, at
any time review, reject, modify, or remove any ad. The Partners
may also have certain rights allowing them to reject, modify or
withdraw ads placed under this Agreement. No liability of Dream
Merchants Ads and / or any Partner shall result from any such
Parties' Responsibilities - You are solely responsible for the content of your ads, including URL links. Dream Merchants Ads is not responsible for anything regarding your Web site(s) including, but not limited to, maintenance of your Web site(s), order entry, customer service, payment processing, shipping, cancellations or returns.
Termination - Dream Merchants Ads may at any time, in its sole discretion, terminate the Program, terminate this Agreement, or cancel any ad(s) or your use of any Target. Except as set forth in Section 5 above or unless Dream Merchants Ads has previously canceled or terminated your use of the Program, Dream Merchants Ads will notify you via email of any such termination or cancellation, which shall be effective immediately. You may cancel or delete any ad and/or terminate this Agreement by canceling or deleting all ads hereunder, with or without cause at any time, via your account by changing the end dates of such ad(s) to your desired cancellation date or by deleting the ads you no longer wish to run. A cancelled ad may continue to run for up to 24 hours before such cancellation takes effect. Upon cancellation of any ad or termination of this Agreement for any reason, (i) you shall remain liable for any amount due for clicks already delivered or for clicks on any ad(s) through the date such cancellation or termination takes effect, and (ii) Sections 2 and 4 through 15 shall survive termination.
Confidentiality - Each party agrees not to disclose Confidential Information of the other party without prior written consent except as provided herein. "Confidential Information" includes (i) ads, prior to publication, (ii) submissions or modifications relating to any advertising campaign, (iii) clickthrough rates or other statistics (except in an aggregated form that includes no identifiable information about you), and (iv) any other information designated in writing as "Confidential." It does not include information that has become publicly known through no breach by a party, or has been (i) independently developed without access to the other party's Confidential Information; (ii) rightfully received from a third party; or (iii) required to be disclosed by law or by a governmental authority.
No Guarantee - Dream Merchants Ads makes no guarantee regarding the levels of impressions or clicks for any ad on its site or those of its Partners. Dream Merchants Ads may offer the same Target to more than one advertiser. You may not receive any impressions for your ad(s) if for a given Target there are more advertisers than available display positions.
No Warranty - Dream Merchants Ads MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
Limitations of Liability - Force Majeure. In no event shall Dream Merchants Ads or any Partner be liable for any act or omission, or any event directly or indirectly resulting from any act or omission of Advertiser, Partner, or any third parties (if any). EXCEPT FOR THE PARTIES' INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) Dream Merchants Ads'S AGGREGATE LIABILITY TO ADVERTISER UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID TO Dream Merchants Ads BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
Payment - You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that Dream Merchants Ads may change its minimum pricing at any time. If you dispute any charge made under the Program, you must notify Dream Merchants Ads in writing within sixty (60) days of any such charge; failure to so notify Dream Merchants Ads shall result in the waiver by you of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by Dream Merchants Ads. No other measurements or statistics of any kind shall be accepted by Dream Merchants Ads or have any effect under this Agreement.
Representations and Warranties - You represent and warrant that (a) all of the information provided by you to Dream Merchants Ads to enroll in the Program is correct and current; (b) you hold all rights to permit Dream Merchants Ads and any Partner(s) to use, reproduce, display, transmit and distribute ("Use") your ad(s); and (c) Dream Merchants Ads and any Partner(s) Use, your Target(s), and any site(s) linked to, and products or services to which users are directed, will not, in any state or country where the ad is displayed (i) violate any criminal laws or third party rights giving rise to civil liability, including but not limited to trademark rights or rights relating to the performance of music; or (ii) encourage conduct that would violate any criminal or civil law. You further represent and warrant that any Web site linked to your ad(s) (i) complies with all laws and regulations in any state or country where the ad is displayed; (ii) does not breach and has not breached any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) is not false, misleading, defamatory, libelous, slanderous or threatening.
Your Obligation to Indemnify - You agree to indemnify, defend and hold Dream Merchants Ads, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant Partner(s), licensors, licensees, consultants and contractors) ("Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Program, your Web site, and/or your breach of any term of this Agreement. Customer understands and agrees that each Partner, as defined herein, has the right to assert and enforce its rights under this Section directly on its own behalf as a third party beneficiary.
Information Rights - Dream Merchants Ads may retain and use for its own purposes all information you provide, including but not limited to Targets, URLs, the content of ads, and contact and billing information. Dream Merchants Ads may share aggregate (i.e., not personally identifiable) information about you with advertisers, business partners, including syndication Partners, sponsors, and other third parties. If you elect to participate in the syndication program, the display of your ad on Partner Site(s) will provide access to Partner(s) to the content of your ads, including the URL(s), and any contact or other information that can be obtained through such URL(s), as well as data regarding queries or clicks on directory categories that may enable such Partner(s) to determine your Targets.
Miscellaneous - Any decision made by Dream Merchants Ads under this Agreement shall be final. Dream Merchants Ads shall have no liability for any such decision. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by Dream Merchants Ads in collecting unpaid amounts under this Agreement. This Agreement shall be governed by the laws of Bangalore, India, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Bangalore, India. This constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. Advertiser may not resell, assign, or transfer any of its rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Dream Merchants Ads. The relationship(s) between Dream Merchants Ads and the "Partners" is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be construed as if both parties jointly wrote it.
Prohibited Content. Publisher acknowledges that DM does not accept any Media that contains: indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by DM), any illegal subject matter or activities or any other content that does not meet DM's Network Quality standards as in effect from time to time (collectively referred to as the "Prohibited Content"). Publisher represents and warrants that during the term of this agreement any of its Media on which it places Creatives shall not contain any Prohibited Content.
Approval; Selecting Creatives. Participation in the Network is subject to prior approval of DM. DM reserves the right to withhold approval to participate in the Network for any reason whatsoever.
Prohibited Activities. Publishers
shall NOT induce persons to click on Creatives based on incentives
without the prior written approval of DM, which, if provided, is
subject in each case to the following conditions: (i) Publisher
will be allowed to place Creatives for CPA campaigns ONLY; and (ii)
Publisher shall be provided with access to the Network's Member
ID Passing Tool to track member rewards. The Member ID Passing Tool
will enable Publisher to run CPA campaigns and ensure that incentive
rewards are allocated to the appropriate member of Publisher's Media
by providing Publisher with a way to add a unique, anonymous member
ID to each CPA Creative delivered. PUBLISHER REPRESENTS AND WARRANTS
THAT ANY UNIQUE MEMBER ID USED BY SUCH PUBLISHER SHALL: (a) BE ANONYMOUS;
(b) NOT INCLUDE ANY PERSONALLY IDENTIFIABLE INFORMATION; AND (c)
COMPLY WITH ALL APPLICABLE FEDERAL AND LOCAL LAWS AND REGULATIONS,
INCLUDING, WITHOUT LIMITATION, ALL PRIVACY LAWS AND REGULATIONS.
Except as otherwise provided in these Standard Terms, under no circumstances may a Publisher, without the prior, express written consent of DM, alter, copy, modify, take, sell, re-use, or divulge in any manner any Creatives or DM computer code provided by DM; provided that Publisher may, without prior approval, change the font type, font style, and font size of text-link advertisements offered on the Network only for the purpose of matching the font in Publisher 's Media.
The following methods of generating visitor interest in Publisher's Media or Creatives are prohibited and may be grounds for immediate termination from the Network, in addition to other remedies available to DM: mailing emails to persons other that those persons who have requested to receive such emails (i.e., spamming); use of unsolicited email or inappropriate newsgroup postings to promote Publisher's Media or Creatives; autospawning of browsers; automatic redirecting of visitors; blind text links; misleading links, forced clicks (a person should never be 'forced' to click on a Creative because their browser has been hijacked, or because a Creative has been altered so that it is impossible to close without clicking it); or any other method that may lead to artificially high numbers of delivered clicks; purchasing keywords from a search engine service provider that include the trademark, service mark, or brand name of the advertising client to which the applicable Creative relates, or any derivative of any such trademark, service mark, or brand name ("Advertiser Marks"), or purchasing online advertising inventory for purposes of running advertisements that include Advertiser Marks on Web Sites or within emails.
Publisher recognizes that a breach of these conditions could result in immediate, extraordinary and irreparable damage to DM and its relationships with its advertising clients, and that damages may be difficult to measure. Therefore, Publisher agrees that should they violate the foregoing conditions of this Section 3, DM may, in addition to other legal remedies, assess liquidated damages of up to $1,000.00 per occurrence of each such violation, and that such liquidated damages are reasonable.
DM ACTIVELY monitors traffic for Fraud. If we detect Fraud, your account will be made inactive pending further investigation.
In order to be eligible, all web sites must meet the following criteria:
It is the OBLIGATION of the Publisher to prove toDM that they are NOT committing fraud. DM. will hold your payment in 'Pending Status' until you have satisfactorily provided evidence that you are not defrauding the system. We flag accounts that:
* Have click-through rates that are much higher than industry
averages and where solid justification is not evident
The Publisher agrees not to carry objectionable materials on their web site which would revoke their affiliation as determined by DM. The Publisher will only run approved banners and text in their advertising of our programs and will NOT create their own banners or advertising text, unless expressly approved in writing from DM. Violation of this forfeits your commissions. The Publisher WILL NOT spam or send unsolicited email mentioning or promoting the DM programs. Spam is defined expressly by US Federal and state laws and will be determined as such if these laws have been violated by a Publisher. Any violation of this will result in the Publisher being terminated immediatly, and any other damages as deemed by a court of law.
DM reserves the right to terminate any Publisher's contract for any reason whatsoever. Termination notice will be provided via e-mail and will be effective immediately. All legitimate moneys due to the Publisher will be paid during the next billing cycle. If the Publisher defrauds the system, then payment is revoked as determined solely by DM.
You guarantee that all content, products, and services on your web site are legal to distribute and that you own or have the legal right to use any and all copyrighted material.
Partner irrevocably covenants, promises and agrees to indemnifyDM. and to hold DM. harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims resulting from member's web pages.
If any Publisher violates or refuses to take part in their responsibilities, or commits fraudulent activity against us, DM. reserves the right to withhold payment and take appropriate legal action to cover its damages.
DM reserves the right to change any conditions of this contract at any time. Change notices are sent to Publishers by email, and Publishers are responsible for complying with any changes to the contract within 10 calendar days from the date of change. Failure of the Publisher to terminate the agreement within those 10 calendar days will constitute acceptance of the changes to this contract.
DM gives no warranty, express or implied, for any and all services and products provided, including, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service by DM or its upstream providers.
Any legal action taken by an advertiser, agency, client, person, or entity against DM for actions of you the Publisher that violate these terms and conditions, you accept that DM will work with the advertiser, agency, client, person, or entity to divulge your personal information. You also agree that DM is not liable for your actions, and you will bear all costs (legal or otherwise) that DM incurs if DM is sued by advertiser, client, agency, person, or entity.
If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby.
You must be 18 years or older to sign up as a DM Publisher.
Use of Data. Publisher understands that DM collects non-personally identifiable data in connection with serving ads at Publisher's site(s). DM has the right to use and disclose such data for any purpose which is not inconsistent with DM's Privacy Statement.
Term; Termination. These terms and conditions, as and if amended, shall apply to Publisher for as long as Publisher is a member of the Network. Either party may terminate this Agreement at anytime, for any reason whatsoever, upon written notice to the other party. Notice may be provided via e-mail or any other public means and will be effective immediately. Upon receipt of such termination notice, Publisher must immediately remove Creatives from its Media and cease delivery of any and all Creatives. In the case of termination, provided that Publisher has an outstanding account balance equal to or greater than Fifty dollars ($50.00 U.S.D.), DM will pay Publisher all legitimate moneys due during the next billing cycle.
Limitation of Liability. EXCEPT AS PROVIDED HEREIN WITH RESPECT TO INDEMNIFICATION, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY ASPECT OF THE RELATIONSHIP PROVIDED HEREIN. IN NO EVENT SHALL DM'S LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE FEES PAID TO PUBLISHER BY DM UNDER THIS AGREEMENT. EACH PARTY AGREES AND DOES WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT AGAINST THE OTHER PARTY FOR ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST DM MORE THAN ONE YEAR AFTER THE DATE OF SERVICE UNDER THIS AGREEMENT.
(a) Publisher. Publisher is solely responsible for any and all legal liability arising out of or relating to (i) the content and other material set forth on Publisher 's Media (other than through a Creative supplied by DM, unless such Creatives were modified by Publisher without the express written consent of DM); and (ii) any content or material to which visitors can link through the Publisher's Media (other than through a Creative supplied by DM, unless such Creatives were modified by Publisher without the express written consent of DM). Publisher hereby agrees to indemnify, defend and hold harmless DM and its officers, directors, agents, affiliates and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys' fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings (a) for libel, defamation, violation of right of privacy or publicity, breach of contract, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation throughout the world in connection with Publisher's Media (except for Creatives supplied by DM, unless such Creatives were modified by Publisher without the express written consent of DM); (b) arising out of any material breach by Publisher of any duty, representation or warranty under this or any other agreement with DM; or (c) relating to a contaminated file, virus, worm, or Trojan horse originating from Publisher 's Media (other than through a Creative supplied by DM, unless such Creative was modified by Publisher without the express written consent of DM).
(b) DM. DM hereby agrees to indemnify, defend and hold harmless Publisher and its officers, directors, agents, affiliates and employees from and against all third party claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys ' fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings arising out of a material breach by DM of any duty, representation or warranty under this Agreement.
(c) Indemnification Procedures. Any claim for indemnification hereunder shall be subject to the following provisions: (x) the indemnifying party shall be given written notice of the claim within 15 days of receipt of the demand by the indemnified party; (y) the indemnifying party shall have the right to control the defense and all negotiations relative to the settlement of any such claim; and (z) the indemnified party shall reasonably cooperate with the indemnifying party and its counsel.
Confidentiality. Publisher acknowledges that during the performance of its duties and obligations under this Agreement, DM may be required to disclose to Publisher certain information, which DM regards as proprietary or confidential. As used in this Agreement, the term ""Confidential Information"" shall refer to: (i) DM's trade secrets, business plans, strategies, methods and/or practices; (ii) computer systems architecture and network configurations (iii) any and all information which is governed by any now-existing or future non-disclosure agreement between the parties hereto, (iv) any and all email addresses on DM's advertising clients' "Do Not Send" list(s) provided for purposes of suppressing against Publisher's Email List(s); (vi) any other information relating to DM that is not generally known to the public, including information about DM's personnel, products, customers, financial information, marketing and pricing strategies, services or future business plans; and (vii) any and all analyses, compilations, studies, notes or other materials prepared which contain or are based on Confidential Information received from DM. Publisher agrees that it will not disclose any Confidential Information to any third-party, and that it will not use Confidential Information for any purpose not permitted under this Agreement. The foregoing obligations shall not apply to the extent Confidential Information: (a) must be disclosed by Publisher to comply with any requirement of law or order of a court or administrative body (provided that Publisher agrees to notify DM of the issuance of such order and cooperate in its efforts to convince the court or administrative body to restrict disclosure); or (b) is known to or in the possession of Publisher prior to the disclosure of such Confidential Information to Publisher hereunder, as evidenced by the Publisher's written records; or (c) is known or generally available to the public through no act or omission of Publisher or its officers, directors, employees, agents, consultants, attorneys or independent contractors ("Representatives") in breach of this Agreement; or (d) is made available free of any legal restriction to Publisher by a third party. Publisher shall promptly reimburse, indemnify and hold harmless DM and its Representatives and other persons acting on its behalf, from and against any damage, loss or expense incurred by DM as a result of the breach of the confidentiality provisions in this Section 10 by Publisher or its Representatives. The duties and requirements under this Section 10 relating to the rights and obligations of the parties concerning Confidential Information disclosed during the term of the Agreement shall survive termination of this Agreement.
Non-solicitation. Publisher recognizes that DM has proprietary relationships with the third-party advertisers which provide Creatives via the Network and Publisher agrees not to intentionally solicit, induce, recruit, encourage, directly or indirectly, any advertiser that is known to Publisher to be an advertising client and/or customer of DM (e.g., an advertiser which provides Creatives via the Network), for purposes of offering products or services that are competitive with DM (including the provision of advertising inventory) nor contact such advertisers for any purpose, during the term of Publisher's membership in the Network and for the 90-day period following termination of Publisher's membership in the Network, provided however, that the foregoing restriction shall not apply to advertisers with whom Publisher already has a relationship prior to the placement of advertising on Publisher's Media on behalf of such advertisers by DM, as explicitly proven by documented evidence of such prior relationship provided by Publisher to DM immediately upon DM's written request.
Applicability. These terms and conditions, as and if amended, shall constitute the entire and only Agreement between the parties regarding Publisher 's participation in the Network, and shall supercede all previous communications, representations or Agreements, whether written or oral between the parties.
Representations and Warranties.
(a) Publisher. Publisher represents and warrants that (i) all content, products, and services on its Media are legal to distribute, that it owns or has the legal right to use any and all copyrighted material and (ii) it will conduct its business and fulfill its obligations under this Agreement in compliance with all applicable laws, rules and regulations.
(b) DM. DM represents and warrants that it (i) has all necessary licenses and clearances to use the content contained in the Creatives and (ii) will comply with at all times, all applicable laws, rules and regulations relevant to the performance of its obligations under this Agreement.
Remedy. DM reserves the right to withhold payment and take appropriate legal action to cover its damages against any Publisher that violates these terms or breaches the representations and warranties set forth in this Agreement, or commits fraudulent activity against DM.
Modifications. DM reserves the right to change any of these Standard Terms at any time. Publishers are responsible for complying with any changes to the Standard Terms within 10 business days from the date of change. DM will post notice that changes have been made to the Standard Terms on the Publisher stats page or this particular page.
Warranties. NEITHER PARTY MAKES ANY WARRANTIES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. ALL ORDERS ARE CONTINGENT UPON DM'S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND UPON DELAYS CAUSED BY ACCIDENTS, WAR, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND ITS CONTROL. DM WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY AND ONLINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATES.
Governing Law. The relationship between DM and Publisher will be governed by, and construed in accordance with, the laws of the State of Karnataka without regard to its laws or regulations relating to conflicts of laws. Each party hereby irrevocably consents to the exclusive jurisdiction of the courts of the State of Karnaaka and the courts situated in the State of Karnataka in connection with any action arising between the parties.
Severability and Waiver. If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby and shall continue in full force and effect. Any waiver (express or implied) or delay by DM of any default or breach of this agreement shall not constitute a waiver of any other or subsequent default or breach.
Privacy. Publisher shall support DM's commitment to protect the privacy of Internet users. In addition, Publisher represents and warrants that it shall, at all times during the term of this Agreement (i) maintain a privacy statement that complies with applicable law and (ii), provide a brief explanation within its privacy statement explaining that it allows third parties, including DM, to serve Creatives within its Media which explanation shall include a clear and conspicuous link to DM's privacy statement.
Force Majeure. Neither party will be liable for delay or default in the performance of its obligations under this Agreement if such delay or default is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes. To the extent that a force majeure has continued for five (5) business days, either party may terminate the Agreement without penalty.
ADDITIONAL TERMS WHICH APPLY TO WEB SITES
Approval Requirements: DM reserves the right to withhold approval of Web Sites to participate in the Network for any or no reason. Any Publisher that materially changes their Web Site content to attract a different target audience after approval into the Network MUST notify DM of the changes in writing IMMEDIATELY. Notices should be sent to Publisher 's Account Manager or to admin@DreamMerchantsNetwork.com.
Representations and Warranties: Publisher represents and warrants that it shall NOT:
(a) Intentionally place Creatives on blank web pages or on web pages with no content; stack Creatives (e.g. place on top of one another so that more than 2 ads are next to each other); or place Creatives on non-approved Web Sites or web pages, or in such a fashion that may be deceptive to the visitor. However, Publisher may provide related links and recommendations regarding an advertiser if such actions reflect sound business practices.
(b) Place advertisements on any Web Site (i.e, a specific URL) other than the Web Site for which the advertisement was accepted, or place advertisements intended for Web Sites on or within any other Media other than Web Sites.
(c) Unless specifically approved by DM in writing, resell any Creatives to other Web Sites, Publishers, or any other third parties.
(d) Serve Creatives from any location other than the DM server. Stored images that are loaded from a different location will not count towards any statistic or payment.
ADDITIONAL TERMS WHICH APPLY TO EMAIL
Prohibited Uses - Dream Merchants Ads strictly prohibits using the Dream Merchants Ads Web Site or any Partner Site(s) (i) to generate fraudulent impressions of or fraudulent clicks on Advertiser's ad(s) or third-party ad(s), including but not limited to using robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software; (ii) to advertise substances, services, products or materials that are illegal in any state or country where the ad is displayed; (iii) in any way that violates any policy posted on the Dream Merchants Ads Web Site, as revised from time to time; or (iv) to engage in any other illegal or fraudulent business practice under the laws of any state or country where the ad is displayed. You may not include links to any Web site(s) as part of your ad, unless the content found at such site(s) is relevant to your Target(s). You may not run multiple ads linking to the same or similar site on the same search results page. Violation of these policies may result in immediate termination of this Agreement without notice, and may subject you to state and federal penalties and other legal consequences.
Articles / Tips Submitted
The Articles / Tips submitted by writers become the property of TAT i.e. along with any images, graphs, photos, etc. TAT at its own discretion will Include or reject the Articles / Tips
Spam or Unsolicited e-mail is strictly prohibited. Affiliates indulging into this will loose their accounts and earnings. Additionally we will take Necessary Action against them.
By signing up and actively using the Our Affiliate program you agree to all terms and conditions set forth in this agreement. Dream Merchants may, at any time, choose to edit, add and/or delete portions of this agreement and impose changes without prior notification of its Affiliates. Affiliates will be informed of any and all changes to this policy via an e-mail to their primary contact e-mail address provided upon signing up with Dream Merchants . If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Dream Merchants Affiliates program following our posting of a change in policy notice or new agreement on our site will constitute binding acceptance to the change.
You must be 18 years of age or older to participate in this program.
Our program is open to All English Speaking and Reading International
members and is void where prohibited by local governing laws.You
agree to and must use your own name and e-mail address in the signup
process and may not assume a false identity. You may not sign-up
multiple times with different e-mail addresses. Your computer must
not be shared with another individual that has an existing Dream
Merchants account. Should any instances of fraud, system abuse,
or any type of activity deemed to be inappropriate or illegal by
Dream Merchants be detected it may result in Affiliate Account
termination and possible legal action. You must maintain your e-mail
account that you used when Signing Up at Dream Merchants.
In the event your e-mail account on file becomes closed or blocked
to messages from Dream Merchants, your account will be terminated.
. You must reveal your full physical mailing address when Signing
Up. This is for your protection and is used to verify important
information when your account comes into question. Any accounts
with bogus, false, abbreviated or incomplete information will be
terminated and all earnings will be forfeited. If your IP address
and country do not match, your account will be terminated and all
earnings will be forfeited. Cheat Catching Methods - Anyone
found providing detailed information about any of our cheat catching
methods (including cheat links) to a large audience (i.e. at forums)
risks having their account deleted as this is detrimental to Dream
You and Dream Merchants are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Dream Merchants. You understand that you do not have authority to make or accept any offers or make any representations on behalf of Dream Merchants. You may not make any statement, whether on your site or otherwise, that would contradict anything in this section. You are solely responsible for the reporting and payment of any taxes for money earned while using the program.
Dream Merchants will not be liable for lost profits, lost business opportunities, or any other indirect, special, punitive, incidental or consequential damages arising out of or related to this Agreement or Dream Merchants Affiliate program, even if Dream Merchants has been advised of the possibility of such damages. Furthermore, Dream Merchant's aggregate liability arising under this Agreement will not exceed the amount payable to you under this Agreement. The provisions of this Section survive termination or expiration of the Agreement.
Affiliates may earn by Selling
our eBooks. Affiliates will be paid via PayPal when their Balance
reaches $10. Payments will be issued within 30 - 60 days after Requesting
Redemption or a reasonable time thereafter.
You may not promote your our site or products through unsolicited emailing (i.e. SPAMMING), newsgroups postings, or any other method of mass communication. Failure to comply will result in immediate termination of your Account with Dream Merchants and may result in legal prosecution. Dream Merchants strictly enforces anti-Spamming laws. Spamming is a federal crime. Any member caught Spamming will not only have their account terminated immediately and lose any past, present and future earnings, but shall also be held liable for Spamming as we shall cooperate with any authorities and investigations that may arise from the Spamming incident. Dream Merchants may charge up to $10 per spam e-mail sent.
Multiple sign-ups shall be grounds for immediate termination of all involved accounts. Signing up multiple times from the same computer also constitutes fraud. Dream Merchants will file charges for recovery of any earnings received from multiple sign-ups.
Last Updated: 14th June 2005
Dream Merchants has created this privacy statement in order to demonstrate our firm commitment to privacy. Dream Merchants uses your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to gather broad demographic information. Dream Merchant's registration form requires users to give us contact information (like their name, address, and e-mail address). Dream Merchants uses affiliate contact information from the registration form to send the affiliate information about our company and other related issues.
Dream Merchants, in the future, may make chat rooms, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
Dream Merchants has security measures in place to protect the loss, misuse and alteration of the information under our control.
We do not collect online contact information without prior parental consent or parental notification, which will include an opportunity for the parent to prevent use of the information and participation in the activity. Without prior parental consent, online information will only be used to respond directly to the child's request and will not be used for other purposes without prior parental consent. We do not collect personally identifiable off-line contact information without prior parental consent. We do not distribute to third parties any personally identifiable information. We do not give the ability to publicly post or otherwise distribute personally identifiable contact information. We do not entice by the prospect of a special game, prize or other activity, to divulge more information than is needed to participate in the activity.
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