By participating in World of Lucid Dreaming's Affiliate Internet marketing program, you agree with the Program terms and conditions set forth below, established by Rebecca Turner.
In consideration of participating in the Program, You agree to the following terms:
1. Spam. Under no circumstances shall You send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003 [the "Act"], with respect to World of Lucid Dreaming's Program. For clarification, this does not prohibit You from sending transactional or relationship messages as defined in the Act. World of Lucid Dreaming reserves the right to collect, withhold, or cancel any and all compensation related to the content You send via commercial electronic mail messages.
2. Tracking Tags. The tools, products and creative assets (collectively, "Assets") that are provided to You by World of Lucid Dreaming provide valuable information vital to the success of the Program, including information that helps make sure Transactions generated by You are properly attributed to You for Payout calculations. Thus, each of these Assets must be used in their intended manners as instructed by World of Lucid Dreaming. You agree that You will not corrupt, modify or disable the tracking functionality provided to You related to the Program.
3. Keywords, Pay Per Click advertising, and domain names involving the World of Lucid Dreaming trademark "World of Lucid Dreaming" and variations thereof. You shall not purchase search engine keywords or domain names that use the World of Lucid Dreaming trademark "World of Lucid Dreaming" and/or certain variations and misspellings thereof.
You shall not purchase or register keywords, Pay Per Click advertising, AdWords, search terms, domain names, or other identifying terms that include the words "World of Lucid Dreaming" or certain variations and misspellings thereof for use in any search engine, portal, sponsored advertising service or other search or referral service which include but are not limited to:
If World of Lucid Dreaming determines, in its sole discretion, that You have purchased or attempted to purchase "World of Lucid Dreaming" keywords or domain names, or one of the cited examples above, then World of Lucid Dreaming may (without limiting any other remedies available to it) pursue any or all of the following actions:
4. License. All websites, newsletters, companies, or individuals need official approval from The Program before they can become an Affiliate Partner ('Affiliate'). Only websites, affiliated websites and email distribution lists that have been reviewed and approved are permitted to use the Site. The Program reserves the right to withhold or refuse approval for any reason, whatsoever.
A. In order to be eligible to become a Program Affiliate, all websites, affiliated websites and email distribution lists must meet the following criteria:
B. The content of the websites, affiliated websites and email distribution lists cannot infringe on any personal, intellectual property or copyrights including but not limited to:
The Program grants You a non-transferable, non-exclusive limited license, if approved, to use the Site and any data, reports, information or analyses arising out of such use, subject to the terms and conditions set forth herein. You acknowledge and agree that You do not have, nor will claim any right, title or interest in the Site software, applications, data, methods of doing business or any elements thereof. You may only access the Site via web browser, email or in a manner approved by The Program. Site integration tags must NOT be altered. Altering tags may jeopardize Your ability to be paid for Events.
5. Fraud. The Program actively monitors traffic for Fraud. If we detect fraud, your account will be made temporarily banned, pending further investigation.
If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation (as determined solely by The Program, such as pre-population of forms or mechanisms not approved by The Program), you will forfeit your entire commission for all programs and your account will be Black Listed. The Program reserves sole judgment in determining fraud, and you agree to this clause.
It is the OBLIGATION of the Affiliate to prove to The Program that they are NOT committing fraud. The Program will hold your payment in 'Pending Status' until you have satisfactorily provided evidence that you are not defrauding the system. We flag accounts that:
6. Limitation of Liability; Disclaimer of Warranty. IN NO EVENT SHALL The Program BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE, OPERATION OF A PROGRAM, OR YOUR DISPLAY OF ANY PROGRAM CREATIVE ON YOUR MEDIA, INCLUDING BUT NOT LIMITED TO BROKEN IMAGES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF THE PROGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE INFORMATION, CONTENT AND SERVICES ON THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITH NO WARRANTY. YOU USE THE SITE AND RUN PROGRAMS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROGRAM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, SERVICES, AND CONTENT INCLUDED ON THE SITE AND PROVIDED BY THE PROGRAM, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PROGRAM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE OR PROVIDED BY THE PROGRAM IS ACCURATE, COMPLETE OR CURRENT.
7. Indemnity. You shall indemnify, defend and hold The Program harmless from and against any and all claims, allegations, liabilities, costs and expenses (including reasonable attorneys' fees) by third parties arising out of Your: (a) improper use of the Site; (b) improper operation of a Program; or (c) breach or violation of this Agreement. The Program shall indemnify, defend and hold You harmless from and against any and all claims allegations, liabilities, costs and expenses (including reasonable attorneys' fees) by third parties arising out of any actual infringement of intellectual property rights resulting from Your display of The Program’s advertising creative provided in connection with operating a Program.
8. Attorneys' Fees. The Program shall be entitled to an award of its reasonable costs and expenses, including attorneys' fees, in any action or proceeding arising out of this Agreement.
9. Miscellaneous. This Agreement contains the sole and entire agreement and understanding between the Parties relating to the subject matter herein, and merges all prior discussions, whether through officers, directors, salespersons, employees or consultants. Each Party is an independent contractor and not a partner, joint venturer or employee of the other. All notices shall be sent to the addresses submitted by You when signing up for the service by certified mail, fax, email or courier.
The Program reserves the right to change any conditions of this contract at any time, with or without notice.
10. IMPORTANT NOTICE: The Can Spam Law: Affiliates must comply with The CAN SPAM Act which regulates the form (what information must be included and the required format) commercial email must take. Specifically, The CAN SPAM Act requires that all commercial email contain the following:
Copyright and Service Mark Information: All trademarks are the property of their respective owners.