Affiliate Program Agreement

PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY.

This is a contract between you (the “Affiliate”) and us (“Daddyslist”). It entails how we shall work together and details of our business relationship. This is a legal document so please ensure to read and understand the contents of this document.

The Affiliate Program Agreement applies to your participation in our Affiliate Program. 

We occasionally update or modify the terms of the Affiliate Program Agreement. In such an event you will be notified via email. If you decide not to agree with our updates terms, you may cancel your relationship with our Affiliate Program. However, if you continue to remain in our Affiliate Program after our updated terms, it will be considered that you have agreed and understood our new terms.

Definitions

Affiliate: Means you, and means the party other than Daddyslist, entering the agreement
Affiliate Link: The electronic address/sign post, aka URL, which the Affiliate may use to lead referrals to eventually convert into commissions
Affiliate Portal: The web service provided by Daddyslist to the Affiliate which enables participation and engagement in the Affiliate Program, alongside with data collection and statistics and logs of referrals, and or referral engagements. 
Affiliate Program: Means our affiliate program as described in our agreement
Commission: Means any earnings the Affiliate receives via transactions by their referrals
Customer Data: Any and all data collected by Daddyslist about the referrals sent to us by the Affiliate
Customer Sales: Means the transactions by Affiliate refferrals which are eligible for Commission pursuant to the "Customer Sales" section of this agreement. Customer Sales may include actual monetary sales or simple sign-ups, which are further described in detail in the Affiliate Portal.
We, us, our, and Daddyslist: Refers to Us, Daddyslist, the participant which is NOT the affiliate but provides the Affiliate Services.

Non-Exclusivity

This agreement does not create an exclusive agreement between us (Daddyslist and Affiliate). 

Affiliate Acceptance

Affiliate Acceptance is automatic and granted in good faith. However, any abuse can lead to termination of the affiliate account.
Abusive behavior can be considered as:
1. Using an affiliate account as a proxy to a Daddyslist customer account, in order to pay for services on Daddyslist, and then claim them as referrals, to then receive a commission on the purchase made as a customer, essentially, getting a discount via proxy through an affiliate account as a normal/regular customer i.e. NOT an Affiliate.
2. Continuously spamming the Affiliate Link on locations or websites wherein the terms of service of said location or website will be violated. 
3. Engaging in exchanges whereby any form or type of deal or exchange is made whereby a referral will engage with the Affiliate Link which may possibly lead to a Commission, in exchange for either monetary payment, or other form of service which the Affiliate will pay or engage in with the referral.

Daddyslist reserves the exclusive right to terminate the relationship with you, the Affiliate, at any time.

Any commissions which are pending for payment, will be paid to the Affiliate within 30 days of Affiliate Account termination.

Customer Sales

1. Commissions are only granted by Daddyslist to the Affiliate when any sale is made through the Affiliate Link by the referral. Each referral only grants a single commission for only the first transaction by the referral, regardless if future sales are made. 

2. Promo Codes. Any transactions made by the Affiliate's referrals which use a promo code to receive a discount, shall only receive a commission based on the discount applied to the total and final price of the sale with the promo code discount included. 

3. Commissions are only paid if and only if 
a.) No terms of use/service of another site/location/service is violated, for example, spamming affiliate links on major sites or platforms
b.) No exchanges are made between the Affiliate and referral, in order for the referral to make a transaction through the Affiliate Link
c.) The transaction between the referral and Daddyslist, is done by a genuine referral, not related to the Affiliate in any way, not gained through spam, scams, or through violating the terms of use/service of other sites or platforms.
d.) The referral is not related to the Affiliate, or the Affiliate acting as a referral in order to obtain a discount on a transaction with Daddyslist via Commissions through the Affiliate Program.

Any violations of the Customer Sales section will be grounds for instead Affiliate Account termination with NO commissions deemed payable to the Affiliate. 

Customer Data

You, the Affiliate, will, upon creating an Affiliate Account on Daddyslist, gain access to the Affiliate Portal, in which, you will be able to view Customer Data, which includes.
a.) The location of your referrals
b.) The IP address of your referrals
c.) The date of visit to Daddyslist by your referrals
d.) The actions commited by your referrals on Daddyslist
e.) Combined Statistics of your referrals.

By gaining access to this information, you agree to our Terms of Use. You agree not to misuse this information in any way which would be considered abusive. 
Abusive in this context means
a.) Attempting to use the IP address of your referral to find their location or address
b.) Use the IP address in an attempt to blackmail, annoy, harrass, or extort your referral. 

Commission Payment

Commissions on sales are payable within 1 day of the transaction by the referral. However, for new accounts, Daddyslist reserves the right to delay payments to new referrals by up to 30 days, until good faith between the Affiliate and Daddyslist has been established. You, the Affiliate, can select your method in which you prefer to be paid in the Affiliate Portal. Current methods available in the Portal are Paypal, Western Union, or Bank Transfer. If you wish to be paid through another method, you may request it at support@daddyslist.com

Upon being paid your commission(s), you, the Affiliate, shall receive an email notification, along with a link with detailed analytics and logs which led up to the total amount of the commissions you were paid. The detailed logs of payments and transactions are also available to be printed or emailed in PDF form on your Affiliate Portal. 

Daddyslist will NOT pay an Affiliate again, if the Affiliate submitted the wrong payment information, such as payment email, Money Transfer details such as Name and Address such as through Western Union, or Bank Account Number or Routing Number such as Bank Transfers.
 

Affiliate Representations and Warranties

You represent and warrant that:
a.) You have all sufficient rights and permissions to participate in the Affiliate Program and to provision Daddyslist with Affiliate referrals for our use in sales and marketing efforts or as otherwise set forth in this Agreement,
b.) Your participation in this Affiliate Program will not conflict with any of your existing agreements or arrangements; 

You further represent and warrant that:
a.) You will ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in the Affiliate Program (for example, by clearly stating you are a Daddyslist Affiliate on any website(s) you own where you make an Affiliate Link available) 
b.) You will not purchase ads that direct to your site(s) or through an Affiliate Link that could be considered as competing with Daddyslist's own advertising, including, but not limited to, our branded keywords;
c.) You will not participate in cookie stuffing or pop-ups, false or misleading links are strictly prohibited; (v) you will not attempt to mask the referring URL information;
d.) You will not use your own Affiliate Link to purchase Daddyslist products for yourself; and
e.) You will not use any mechanisms to deliver leads other than through an intended consumer. This includes sourcing leads through compilations of personal data such as phonebooks, using fake redirects or other tools or automation devices to generate leads (including but not limited to robots, lframes, or hidden frames), or offering incentives to encourage purchases or signups.  

 

Indemnification

You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of
a.) Your participation in the Affiliate Program,
b.) Our use of the prospect data you provided us,
c.) Your noncompliance with or breach of this Agreement,
d.) Your use of the Affiliate Portal We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that
1. Imposes an obligation on us;
2. Requires us to make an admission;
3. Imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

 

Disclaimers; Limitations of Liability

Disclaimer of Warranties. WE AND OUR AFFILIATED COMPANIES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE DADDYSLIST PRODUCTS, DADDYSLIST CONTENT, THE AFFILIATE PROGRAM OR THE AFFILIATE PORTAL FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) AND THE AFFILIATE PORTAL MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE DADDYSLIST PRODUCTS AND AFFILIATE TOOL ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE DADDYSLIST PRODUCTS AND THE AFFILIATE TOOL INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

1. No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
2. Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED CUSTOMER TRANSACTIONS IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
3. Affiliate Portal. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THE AFFILIATE PORTAL THAT YOU USE.  WE DO NOT PROMISE TO MAKE THE AFFILIATE PORTAL AVAILABLE TO YOU, AND WE MAY CHOOSE TO DO SO, OR NOT TO DO SO, IN OUR DISCRETION.
4. Cookie Usage. COOKIES USED AS PART OF THE AFFILIATE PORTAL HAVE A SET DURATION. IF A POTENTIAL CUSTOMER CLEARS THEIR COOKIES DURING THIS PERIOD, DADDYSLIST SHALL NOT BE LIABLE FOR ANY COMMISSIONS THAT MAY HAVE BEEN OWED TO YOU.