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Affiliate Program Terms and Conditions
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Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company's good name. Please bear with us as we take you through this legal formality.
If you have any questions, please don't hesitate to let us know. We are strong believers in straightforward and honest communication.
Terms and Conditions
Welcome to the Delta 3D Studios team! Thanks for joining our Affiliate program. The following terms and conditions apply to individuals who are accessing or using the Program both as the merchant (“we” or “merchant”) and an affiliate (“you” or “affiliate”) who refers customers to use products or services from the merchant.
By participating in the Program, you agree to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as an affiliate or participate in the Program in any manner.
- Approval or Rejection of the Registration We reserve the right to approve or reject ANY Affiliate Program Registration at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.
- Monitoring and Compliance We have the right to monitor your channel/site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes that we feel should be made to ensure that your links to our website are appropriate. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Affiliate Program.
Delta 3D Studios reserves the right to terminate this Agreement and your participation in the Affiliate Program immediately and without notice to you should you commit fraud in your use of the Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Delta 3D Studios shall not be liable to you for any commissions on such fraudulent sales.
This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder. - Termination Either you or we may end this Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email, or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
- Modification We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Delta 3D Studio's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Delta 3D Studio's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
- Commissions and Payment Affiliates will be assigned one coupon code. When a customer makes a purchase on our website using your coupon code, you will earn a commission calculated based on the Commission structure. The commission amount is dependent on the order value and does not include extra fees (tax, shipping costs, etc.). Affiliates may advertise the merchant's website through various online channels such as Facebook, Instagram, or offline channels such as classified ads, magazines, and newspapers.
Payments will only be sent for transactions that have been successfully completed. The use of the Affiliate Program is subject to a fair use policy, giving the merchant the right to review each referral order. You will receive a copy of the order details (items ordered, order value) via email, and payments will be remitted on a monthly basis unless otherwise noted. - Intellectual Property and Feedback Delta 3D Studios retains all rights, title, and interest in and to the product designs, including any source code, updates, improvements, enhancements, modifications, or derivative works thereof, and all inventions, content, graphics, media, logos, and trademarks contained in, displayed, performed, or reproduced. This Agreement does not grant you any intellectual property rights in or to the products or any of their components. You understand and agree that the products and their components are protected by copyright and other applicable laws.
“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of Delta 3D Studios' products or services. Delta 3D Studios owns all Feedback and may use or incorporate it without compensating or crediting you. - Marketing Tools We may share promotional media such as banners, logos, or specific collection promotions with you via email or other communication channels.
- Removal from Referral Program If an affiliate wishes to be removed from the affiliate program, they can do so by contacting us via email. Additionally, you may be subject to removal from the affiliate program if you complete zero referrals within a 12-month period.
- Limitation of Liability We will not be liable to you with respect to any subject matter of this Agreement under any contract, negligence, tort, strict liability, or other legal or equitable theory for any indirect, incidental, consequential, special, or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this Agreement, in no event shall Delta 3D Studios' cumulative liability to you arising out of or related to this Agreement, whether based in contract, negligence, strict liability, tort, or other legal or equitable theory, exceed the total commission fees paid to you under this Agreement.
- Indemnification You hereby agree to indemnify and hold harmless Delta 3D Studios, and its affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
- Miscellaneous You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Delta 3D Studios. 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.
Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware without regard to its conflicts of laws and principles.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.
The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Agreement shall have full force and effect.
Go forward and refer! We're very glad you've made it to the end of this important document. We wish you all the very best. You can always revisit these Affiliate Program terms and conditions in the future, and if you have any questions, you can send us an email for support.