This agreement describes the entire terms
and conditions for participation in the Dragon
Gate Affiliate Program (Herein referred to
as the "Program"). In this agreement,
the term "participant" refers to
you (the applicant), and the "sponsoring
website" refers to the website from which
you will link to Dragon Gate Palace.
In this agreement, "you" and "your"
refers to the Participant. "Dragon Gate",
"we" or "our" refers to
Dragon Gate Palace.
1. Enrollment in the Program
You will have to submit a complete Program
application via our website. 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 sexually explicit materials.
- Promote violence.
- Promote discrimination based on race,
sex, religion, disability, sexual orientation
or age.
- Promote illegal activities.
- Include "Dragon Gate" or misspellings
thereof in their domain names.
If we reject your application, you are welcome
to reapply to the Program at any time. If
you are accepted and your site is thereof
determined as unacceptable (in our sole discretion)
we may terminate the agreement.
2. Linking
Once you have been notified that your website
has been accepted into the Program, you may
provide on your website any number of links
to our website. You may add a text link, a
banner link, product/service links, search
box link or/and a review with a link. You
may add as many links to Dragon Gate or remove
such links at any time without prior approval
from Dragon Gate.
To permit accurate tracking, reporting and
referral fee accrual, we will provide you
with a special "tagged" link to
be used in all links between your website
and our website. The Participant is solely
responsible for ensuring that these special
links are formatted properly.
3. Order Processing
We will process orders placed by customers
who follow the special link from the sponsoring
website. We reserve the right to reject orders
that do not comply with any requirements that
we periodically establish.
We will be fully responsible for all aspects
pertaining to order forms, order processing,
payment processing, delivery, customer inquires,
after sales service, cancellations and returns.
4. Referral Fees
We will pay you in accordance with section
5 and 6. Only products or services which are
sold to customers traveling to our site with
the special link from a sponsoring website,
shipped to the customer and for which Dragon
Gate has received full payment will qualify
for the referral fee.
The use of the Dragon Gate Affiliate Program
by affiliates to gain discounted prices for
their own purchases is allowed and encouraged.
The refferal fees will then act as a discount
scheme.
5. Referral fee amount
The applicant will receive 8% of total revenue
from the sales excluding shipping cost, handling,
taxes or service charges.
6. Referral Fee Payment
We will pay referral fees once every two
months. Dragon Gate will send you a check
for the applicable referral fee approximately
7 days after the 1st of every odd month. (January,
March, May, July, September, November).
If the products or services are canceled
or returned, or the payment does not go through,
the referral fee pertaining to that order
will be deducted from the next payment. If
the next payment is not sufficient, then the
Participant will be billed.
7. Policies and Pricing
Customers who buy products or services through
this program are deemed as customers of Dragon
Gate. Therefore, all rules, policies, operating
procedures will apply to them. Dragon Gate
also reserves the right to reject any order
that does not comply with these rules, policies
and operating procedures.
Prices and availability will vary over time.
Therefore, we cannot allow you to include
the price on your website (sponsoring website).
We will use commercially reasonable efforts
to present accurate information but we cannot
guarantee the availability or price of any
particular product or service.
8. Identifying yourself as an Associate
We will make available to you a small graphics
that identifies your site as a Affiliate Program
Participant. You must display this logo or
the phrase "In association with Dragon
gate Palace" or the phrase "An affiliate
of Dragon Gate Palace" or the phrase
"A associate of Dragon Gate Palace".
We encourage (but not require) you to have
a link to our home page (in addition to your
choice of link). This can be in the form of
a banner, review or reciprocal link.
9. Limited License
We grant you nonexclusive right to use the
graphic images and text described in section
8 and other such images for which we grant
express permission, solely for the purpose
of identifying your site as a Program Participant
and to assist in generating sales. You may
not modify these graphic image or text in
any way.
10. Website interruptions
Dragon Gate Palace will make every effort
to keep its website operational. However,
certain technical difficulties may, from time
to time, result in temporary service interruptions.
The Participant agrees not to hold Dragon
Gate liable for any of the consequences of
such interruptions.
11. Responsibility for your site
You will be solely responsible for developing,
operating and maintaining your website. We
disclaim all liability from .
- technical operations of the website.
- creation and posting of product/service
descriptions on your site.
- accuracy and appropriateness of materials
posted on your site.
- violation of third party rights resulting
from your website (copyrights, trademarks,
privacy or other personal or proprietary
rights).
- content on your site (any libellous or
illegal content).
You will also indemnify and hold us harmless
from all claims, damages and expenses (including,
without limitation, attorneys’ fees)
relating to the development , operation, maintenance
and contents of your site.
12. Terms of Agreement
The Participant may receive referral fee
payment that are placed during the term of
this agreement. The term will begin on the
date that your application is approved by
Dragon Gate and shall end when canceled by
either party as provided below.
Referral fees earned through the date of
expiration or cancellation of this agreement
will remain payable only if the products or
services are not canceled or returned.
13. Modification
1We may modify any terms and conditions contained
in this Agreement, at any time and in our
sole discretion, by posting a change of notice
or a new agreement on our site. Modifications
may include, for example, changes in the scope
of available referral fees, referral fee schedules,
payment procedures and Program rules, procedures
and services.
If any modifications is unacceptable to you,
your only recourse is to terminate this agreement.
Your continued participation in the program
following our posting of a change notice or
new agreement on our site will constitute
binding acceptance of change.
14. Relationship of Parties
You (the Participant) and we (Dragon Gate
Palace) 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.
15. Limitation of Liability
We will not be liable for any indirect, special
or consequential damages (or any loss of revenue,
profits or data) arising in connection with
this Agreement or the Affiliate Program, even
if we have been advised of the possibilities
of such damage. Furthermore, our aggregate
liability arising with respect to this Agreement
and the Affiliate Program will not exceed
the total referral fees paid or payable to
you under this Agreement.
16. Disclaimer
Dragon Gate Palace makes no warranties, representations
or conditions with regard to the Affiliate
Program or, except as expressly set forth
in the Dragon Gate Palace’ s then current
sales policies, any products or services sold
thereunder, whether express or implied, arising
by law or otherwise, including without limitation
any implied warranty of merchantability or
fitness for a particular purpose or non-infringement
or any implied warranty arising out of course
of performance, course of dealing or usage
of trade.
17. Independent Investigation
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 websites that
are similar to or compete with your website.
You have independently evaluated the desirability
of participating in the Affiliate Program
and are not replying on any representation,
guarantee, or statement other than as set
forth in this Agreement. |