Thank you for your interest in the DFY Marketing Affiliate program. Together, we will be able to offer others an opportunity to experience the power and profitability of the Internet.

To begin the Affiliate Signup process, you must complete a registration form and then read and agree to this Agreement. DFY Marketing will evaluate your registration form and notify you whether your business ("Business") and/or your website (“Site”) is accepted for participation in the DFY Marketing Affiliate Program (“Program”) administered by the Mulac Family Marketers. "Content" as contained herein is defined by not limited to any and all DFY Marketing print and electronic media, MP3s, DFY Marketing packages, series, images, graphics, website(s), CD ROM or DVD Media belonging to DFY Marketing, the Mulac Family Marketers., and/or assignees.

We may reject your application after initial approval if we determine (in our sole discretion) that your Site or Business is unsuitable for the Program.

This agreement governs participation in the DFY Marketing Affiliate Program only.

Unsuitable sites or businesses include, but are not limited to, those that:
 

• Infringe trademark rights of DFY Marketing, the Mulac Family Marketers., any third party or otherwise violate the rights of any third party
• Contain sexually explicit materials
• Contain hate/violent/offensive content
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Promote illegal activities or otherwise violate any applicable laws, including those targeting “spyware,” “adware” or SPAM
• Violate any intellectual property rights, including, without limitation, scraping text or images from DFY Marketing Websites for any purpose other than affiliate sales and promotion.
• Do not clearly state an online privacy policy to its visitors
• Otherwise are considered offensive or inappropriate at our sole discretion

Once you are accepted into the Program, you will be able to participate in the Program subject to the terms and conditions of this Agreement as outlined below. You should also note that if you are accepted to participate in the Program and your Site is thereafter determined (in our sole discretion) to be unsuitable based on the criteria herein for the Program, we may terminate this Agreement at anytime without notice.
 

Affiliate Program Terms & Conditions

1.    True and Complete Information. Affiliate represents and warrants that all information that it provided in connection with becoming an Affiliate of DFY Marketing is true and complete. If DFY Marketing determines or has reason to believe, that any information provided by Affiliate is not true and/or complete, Affiliate shall indemnify and hold harmless DFY Marketing in accordance with the information below and DFY Marketing may immediately terminate Affiliate participation in the affiliate program.

2.    Content Usage Guidelines. Affiliate represents and warrants that it shall not, except as specifically provided for pursuant to the Affiliate Program: (i) copy or display any DFY Marketing Content (as hereinafter defined), (ii) modify, adapt, translate or create derivative works based on the DFY Marketing Content, (iii) remove, erase, or tamper with any copyright or other proprietary notices in any copy of any of the DFY Marketing (iv) sell, market, license, sublicense, distribute, disclose or otherwise grant to any person any right or interest in the DFY Marketing Content, (v) buy or bid on any of the DFY Marketing trademarks, or variations of the trademarks, on any search engine or site, or (vi) take any action which may cause deception, confusion or otherwise blurs, tarnishes or dilutes the quality of the DFY Marketing Content or the DFY Marketing trademarks or other intellectual property or the goodwill associated therewith, all as shall be determined by DFY Marketing.

For any search functionality on Affiliate’s site using the DFY Marketing trademarks, (a) DFY Marketing Links must always appear at the top of the list, (b) any Link that contains DFY Marketing in the title must connect the user directly back to the DFY Marketing website, and (c) such Link must be supplied to You by DFY Marketing. Affiliate agrees to use the DFY Marketing Content exactly in the form provided to Affiliate pursuant to the Affiliate Program.

Upon termination of this Agreement, for any reason, Affiliate shall immediately cease using, displaying or otherwise maintaining any interest in the DFY Marketing Content. For purposes of this Agreement "DFY Marketing Content" means any and all trademarks, service marks, logos and other content which DFY Marketing makes available to Affiliate in connection with the Affiliate Program, including, but not limited to, banners, buttons, or other display advertisements created and furnished by DFY Marketing. Such DFY Marketing Content may be owned by DFY Marketing or licensed to DFY Marketing by a third party, including the Mulac Family Marketers., or assignees.

3.    Links to DFY Marketing Website. You may not place DFY Marketing Content, or Internet connections ("Links") to the DFY Marketing website or website content: in unsolicited e-mail or other types of spam sites. You may not embed or include such DFY Marketing Content or Links in third-party software applications, in each case unless you receive DFY Marketing’s prior written permission. You must place Links to the DFY Marketing website or website content such that it is unlikely that the Links will mislead the visitor, and such that it is reasonably likely that the Links will deliver bona fide transactions by the visitor to DFY Marketing from the Link. You shall not cause any transactions to be made that are not in good faith, including, but not limited to, using any device, program, robot, Iframes, hidden frames, JavaScript popup windows, redirects or clicking on Links that You place to DFY Marketing.

You shall not establish or cause to be established any promotion that provides any rewards, points or compensation for transactions, or that allows third parties ("Sub-Affiliates") to place DFY Marketing Content or DFY Marketing Links on their websites or in their e-mails or other advertisements, unless You receive DFY Marketing prior written permission at which time each Sub-Affiliate will be required to meet DFY Marketing Affiliate eligibility requirements, and is bound by and complies with Affiliate duties (and where stated Sub-Affiliate duties) as specified in this Agreement, and for payment of payouts due to Sub-Affiliate that shall accrue. You shall indemnify and hold harmless DFY Marketing for all activities of Your Sub-Affiliates without limitation.

4.    Income Claims and Terminology. At no time shall Affiliate make any written, verbal or electronic claims or implicatons about the fitness, merchantability, or income guarantees originating from any DFY Marketing packages, content or services. Discovery of any such claims will result in immediate removal of Affiliate from the Affiliate Program and forfeiture of any and all outstanding commission. Affiliate will imdemnify and hold harmless DFY Marketing, the Mulac Family Marketers., and assignees from any claims or damages resulting from any such misrepresentations by Affiliate.

5.    Property Ownership Rights and Affiliation. Affiliate agrees and acknowledges that DFY Marketing retains all rights, title and interest in and to all property rights embodied in or associated with the DFY Marketing Content. Affiliate represents and warrants that it will not take any action or assist any third party to take action challenging, contesting or otherwise inconsistent with DFY Marketing ownership of the DFY Marketing Content and any goodwill and benefits accruing from the use of such DFY Marketing Content will automatically vest in DFY Marketing.

Further, Affiliate acknowledges that they are not a vested "Partner" with the Mulacs or DFY Marketing and at no time will any written, electronic or verbal communication transpire that could cause any confusion or mispresentation to this effect.

6.    Operation and Maintenance of the DFY Marketing Web Site. Affiliate acknowledges and agrees that DFY Marketing may accept or reject, in its sole and absolute discretion, all subscriptions or memberships from customers placed on or through the DFY Marketing website. Affiliate further acknowledges and agrees that (i) it does not have any authority to make or accept any offer or commitment on behalf of DFY Marketing, (ii) DFY Marketing cannot, and does not, guarantee the availability and accessibility of the DFY Marketing website, and (iii) DFY Marketing is solely responsible for all pricing, subscription, membership and order processing, online fulfillment, cancellation, refunds and all other aspects of the DFY Marketing website and its products. All personal information obtained from customers on the website shall be the exclusive property of DFY Marketing.

7.    Privacy Policy. You must maintain a privacy policy which shall clearly and accurately describe the information collection and use practices of Your website, including but not limited to, the type of information collected, how the information is collected and used, and with whom the information is shared. You will also describe any information that is collected on Your website by any third party. Your website must have a prominent link to Your privacy policy which You hereby represent is, and shall remain for the term of this Agreement, consistent with best practices in the industry.

8.   Public Announcement. You may not mention DFY Marketing in a press release or other public statement (other than the Advertisements) unless You have received prior written approval from DFY Marketing.

9.    Representations and Warranties. You hereby represent and warrant to DFY Marketing that: (i) You have duly and validly executed this Agreement and it constitutes Your legal, valid, and binding obligation, enforceable against You in accordance with its terms, (ii) the execution, delivery, and performance by You of this Agreement and the consummation by You of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (a) any provision of law, rule, or regulation to which You are subject, (b) any order, judgment, or decree applicable to You or binding upon Your assets or properties, (c) any provision of Your by-laws or certificate of incorporation if applicable, or (d) any agreement or other instrument applicable to You or binding upon Your assets or properties, (iii) no consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by You in connection with the execution, delivery, and performance of this Agreement or the taking by You of any other action contemplated hereby, and (v) there is no pending or material threatened claim, action, or proceeding against You, or any subsidiary or Affiliate of Yours, with respect to the execution, delivery or consummation of this Agreement, or with respect to Your trademarks, and there is no basis for any such claim, action, or proceeding.

10.    Payments. DFY Marketing agrees to pay to Affiliate the stated commission, which fee may be changed from time to time by DFY Marketing by announcing and posting a different amount on the website and by providing seven (7) days notice for an increase or decrease in the fee amount. No commission will be paid for affiliates or their agents purchasing from their own link without prior written permission. Commission is considered earned for each successful purchase completed by any buyer or end user who Clicks on a unique Affiliate Link and subsequently makes a purchase of DFY Marketing products or services. Commissions will only be paid on purchases coming through an Affiliate link - no verbal referrals or manual commissions will be calculated unless prior written arrangements have been made or in the cases of special promotions. In cases where buyers appear on multiple lists, the first Click "cookied" will earn the Commission. Commissions will be disbursed via Paypal no later than thirty (30) days after successful purchase and/or after which any refund or guarantee period has expired.

11.    Territories and Competition. DFY Marketing is not legally empowered to extend to Affiliates any secured or restricted territories, nor is competition between Affiliates restricted in any manner. There are no guarantees of markets, client base or leads extended as part of this Affiliate program. Due to the nature of an Affiliate program, DFY Marketing retains ultimate responsibility and control over all buyer and customer experiences, and as such in the event of any dispute between Affiliates, the DFY Marketing decision will be final.

12.    Responsibility for Affiliate URLs. Affiliate will be solely responsible for the development, operation, and maintenance of all URLs that are linked to the DFY Marketing website and for all materials that appear on such URLs. The Affiliate acknowledges and agrees that it shall be responsible for complying with the terms hereof and the terms of its agreement(s) with DFY Marketing.

13.    No Joint and Several Liability. Affiliate acknowledges and agrees that neither DFY Marketing, its subsidiaries, parents, other affiliates, directors, officers, employees, agents, successors or assigns (collectively, the "DFY Marketing Parties"), shall be liable to any party, including Affiliate, for any claim, liability, suit, action, judgment, loss, costs, expenses or other damages related to or in connection with the Affiliate website(s) and/or any content or other information displayed or contained thereon, including but not limited to, claims of infringement.

14.    Affiliate Indemnification. Affiliate, at its own expense, shall indemnify, defend and hold harmless, DFY Marketing against any claim, suit, action, judgment, liability, loss, cost, expenses and other damages, including, without limitation, reasonable attorney fees, based upon or in connection with (i) any breach or alleged breach of Affiliate representations and warranties hereunder, (ii) the failure to comply with or perform any obligation or agreement of Affiliate hereunder, or (iii) the Affiliate website(s) and/or any content or other materials displayed or contained thereon, including, but not limited to, claims of infringement.

15.    Term of the Agreement. This Agreement shall begin on the Effective Date and shall terminate on the date Affiliate is no longer an Affiliate of DFY Marketing pursuant to the Affiliate Program.

16.    Termination. DFY Marketing may terminate this Agreement at any time and for any reason upon twenty-four (24) hours written notice (e-mail or other electronic communication will suffice) to Affiliate with effect from the day following such notice. DFY Marketing may terminate this Agreement immediately, without notice, if DFY Marketing determines, in its sole discretion, that Affiliate has breached Affiliate’s obligations contained, but not limited to the conditions set forth herein. In addition, DFY Marketing may terminate this Agreement, in its sole discretion, immediately upon written notice (e-mail or other electronic communication will suffice) if: (a) Affiliate has failed to comply with or has breached Section 3 or 4, (b) DFY Marketing believes in good faith that You or Your Sub-Affiliate is harming, blurring or tarnishing the DFY Marketing brand, any other trademark, service mark or trade name owned or licensed by DFY Marketing or DFY Marketing’s reputation, (c) DFY Marketing believes in good faith that Your or Your Sub-Affiliate’s actions or one or more of Your or Your Sub-Affiliate’s websites is causing or would cause DFY Marketing to be in breach of its contractual obligations with third parties.

17.    Modification of Agreement. DFY Marketing reserves the right to modify this Agreement at any time and make it available for inspection at all times via the DFY Marketing.com website which will constitute acceptance and due notification.

18.    LIMITATION OF DAMAGES. DFY Marketing WILL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF DFY Marketing WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE DFY Marketing AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE AFFILIATE PROGRAM WILL IN NO EVENT EXCEED THE TOTAL REVENUE SHARE PAID OR PAYABLE BY DFY Marketing TO AFFILIATE UNDER THE AFFILIATE PROGRAM DURING THE IMMEDIATELY PRECEDING THIRTY (30) DAY PERIOD PRIOR TO THE DATE SUCH LIABILITY AROSE.

19.    WARRANTY DISCLAIMER. DFY Marketing MAKES NO WARRANTIES, REPRESENTATIONS, GUARANTEES, OR CONDITIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. IN PARTICULAR, DFY Marketing MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

20.    Independent Contractors. DFY Marketing and Affiliate are independent contractors and nothing in this Agreement or the Affiliate Program is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship.

21.    Governing Law. This Agreement is governed by and in accordance with the substantive laws of the State of California, excluding its conflict of laws principles. Any lawsuit relating to this Agreement must be brought in the federal or state courts located in Danville, California.

22.    Headings. The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify, or place any construction upon or on any of the provisions of this Agreement.

23.    Assignment. The Affiliate may not assign any of its rights or delegate any of its obligations under this Agreement, by operation of law or otherwise, without DFY Marketing prior written consent. Subject to that restriction, this Agreement will be binding on, for the benefit of, and enforceable against the parties and their respective successors and assigns.

24.    Waiver. DFY Marketing failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.

25.    Entire Agreement. This Agreement represents the complete agreement and understanding between the parties, and supersedes any other oral or written communications or understandings between the parties regarding the subject matter hereof. As between DFY Marketing and the Affiliate, any conflict between the terms of this Agreement and the terms of the agreement that the Affiliate has entered into with DFY Marketing, shall be governed by the terms of this Agreement. No amendment or modification to this Agreement will be binding upon DFY Marketing unless agreed to by an authorized representative of DFY Marketing.