Terms & Conditions - Privacy

Operating Agreement ---------------------------------------------------------------------------------------------- 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 7% of total revenue from the sales excluding shipping cost, handling, taxes or service charges. Third party referrals from your site will qualify you to receive 3% of the total order amount gathered from purchases made in their respective sites. 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.com " or the phrase "An affiliate of Dragon-Gate.com" or the phrase "A associate of Dragon-Gate.com". 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 non-exclusive 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 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 ---------------------------------------------------------------------------------------------- We 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 modification 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) 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 makes no warranties, representations or conditions with regard to the Affiliate Program or, except as expressly set forth in the Dragon Gate'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.