agree to the terms and conditions and want to sign up.
agreement describes the entire terms and conditions which govern
your participation in DimpleArt.com's Affiliate Program, and
the following definitions apply:
"You", and "Your" refer to you the applicant;
"We", "Our" and "Us" refer to
DimpleArt.com; "Referring Web Site" refers to the
web site from which you optionally link to our web site; "Services"
refers to caricature services or to any product or service that
we may introduce in the future.
Web Site: Affiliate may provide a link from a Referring Web
Site to our web site and earn referral fees as outlined below.
Affiliate may remove said link from a Referring Web Site and
re-link to our web site at any time without prior approval.
Affiliate may not display our name or link in any way that may
defame us or mislead the customer.
may not link to our web site from a Referring Web Site which
promotes spam as described in this Agreement, pornographic material,
violence, illegal activities such as software piracy, or discrimination
based on race, gender, religion, national origin, physical disability,
sexual orientation, or age.
have the right, but not the obligation, to pre-approve the graphics
and logos used on a referral web site which is linked to our
site. Furthermore, the Affiliate shall annotate its site with
appropriate copyright, trademark and other similar notices.
If the Affiliate specifies a price point for our Services in
its marketing and advertising, it shall ensure that it is updated
regularly to reflect all price changes
shall have the right, but not the obligation, to monitor the
Affiliate's Referring Web Site at any time and from time to
time to determine if it is in compliance with the terms and
conditions of this Agreement. We shall have the right, but not
the obligation, to approve, in our sole and absolute discretion
and with due regard to the protection and preservation of the
goodwill of our services, any promotional, advertising or marketing
item used by the Affiliate. The Affiliate shall make all deletions
and modifications suggested by us on any site where our services
Frames: Affiliate may not put our web site in frames under
URL: Affiliate may advertise our services using Affiliate's
assigned URL (Universal Resource Locator) rather than, or in
addition to, placing a link to our site on a Referring Web Site.
Affiliate is solely responsible for ensuring that Affiliate's
assigned URL is used in Affiliate's advertising, and Affiliate
agrees that we can not calculate referral fees otherwise.
Spamming: Promoting our services via unsolicited email is
strictly prohibited, and affiliate agrees to not reference us
in any way, shape, or form, in any email that Affiliate sends
in which the recipient has not specifically asked to receive
it. In the case of mailings which are conducted by a third party
on Affiliate's behalf, Affiliate assumes full responsibility
and is advised to perform due diligence to ensure that the mailing
list is in fact 100% opt-in. Furthermore, Affiliate may not
link to our site from any URL that is promoted via unsolicited
email. Affiliate may reference our services in discussion groups,
message boards, and USENET newsgroups as long as this is done
in a way that does not violate the conditions of participation
in the discussion groups, message boards and USENET newsgroups.
agrees that we will terminate this Agreement and withhold all
referral fees due if Affiliate is found in violation of this
Services: All Services sold by us to customers originating
from Affiliate's Referring Web Site or Referral URL -- and processed
via our online order forms, telephone or fax numbers, or mailing
address -- qualify to earn Affiliate referral fees as described
below. We reserve the right to reject any order that does not
comply with our policy. Affiliate will not receive referral
fees for any purchase made directly or indirectly by him/herself.
Affiliate will not receive referral fees if Affiliate places
an order on behalf of a Customer - for receiving referral fees,
the Customer must place the order him/herself.
Prices: Prices of our services may be changed at any time, solely at
our discretion, by posting the revised prices in our Web site
and by informing Affiliate through email. Affiliate acknowledges
that changes in the prices of our services will change the referral
fees earned by Affiliate.
Fee Amounts: Purchase of the caricature service by Affiliate's
referred customers will earn Affiliate a referral fee equal
to thirty percent (30%) of the purchase price of this service.
Should Affiliate choose to optionally introduce others to our
Affiliate Program, Affiliate will also earn five percent (5%)
of the purchase price of the Services paid by Affiliate's Sub-Affiliates'
referred customers. Only Qualifying Services for which we have
received full payment will qualify for referral fees.
Of Sub-Affiliates: A Sub-Affiliate is defined as a third
party that is in no way personally related to Affiliate. Affiliate
is not permitted to register for our Affiliate Program more
than once, and any attempt to artificially inflate Affiliate's
referral fees will be grounds for immediate termination of this
understands that we monitor all affiliate registrations and
orders, and agrees that we will terminate this Agreement and
withhold all referral fees due if Affiliate is found in violation
of this policy.
Fee Payments: We will mail a referral fee payment in U.S.
dollars for the applicable referral fees on or before the 10th
day of each calendar month for the previous month's referral
fees, as long as the amount due to Affiliate is more than or
equal to U.S. $30. If the amount due to Affiliate is less than
U.S. $30, the amount will be carried forward to the next month.
Referral fee overpayments may be deducted from future payments
or shall be reimbursed by the affiliate. An online statement
of customer purchase activity is available to Affiliate at all
And Cancellations: If referral fee qualifying Services are
cancelled by Affiliate's customer, or if we have to issue a
refund to Affiliate's customer for any reason, the corresponding
referral fee(s) will be deducted from Affiliate's next monthly
referral fee payment. If the said referral fee(s) are less than
the amount due to Affiliate, the Affiliate will be billed for
the balance amount.
Reporting: Affiliate shall be responsible for all taxes
and other similar levies applicable to the referral fees pursuant
to any law or regulation. The Affiliate shall report the referral
fees to its taxation authorities as required by law.
Interruption and Tracking: We will make every effort to
ensure that our web site is operational, and to track Affiliate's
referred customers. However, certain unavoidable technical difficulties
may occasionally cause temporary service and tracking interruptions.
Affiliate agrees that we are not liable in any way for such
References/Testimonials: Affiliate agrees to cooperate with us in the development of
press releases, testimonies, and other such marketing materials.
Affiliate grants us unlimited rights to reference Affiliate
in any and all marketing materials, without further compensation.
Title: Title, ownership, and intellectual property rights involved
in our Services shall remain with us.
Copyrights: Affiliate is responsible for ensuring that Affiliate's advertising
obeys all applicable copyright and trademark laws. We grant
Affiliate the right to use our name in acceptable marketing
materials, but we are not responsible for Affiliate's misuse
of any copyrighted material.
Of Damages: We shall have no liability for any indirect,
incidental or consequential damages, or any loss of revenue
arising under or with respect to this agreement or the Affiliate
program, even if we have been advised of the possibility of
Miscellaneous: Affiliate is an independent contractor, and nothing in this
Agreement shall create any form of partnership, joint venture,
franchise, agency, or employment relationship between the parties.
Affiliate will not be treated as our employee. Affiliate shall
not assign this Agreement, by operation of law or otherwise,
without our prior express written consent. Subject to the foregoing,
this Agreement is binding upon, insures to the benefit of, and
is enforceable by the parties and their respective successors
and Termination: We have the right to terminate this Agreement
at any time, either due to breach of its terms or otherwise,
by notifying the Affiliate through email. Please note that it
is our intention never to terminate the Affiliate Program. However,
we reserve the right to do so in response to changes in market
conditions. The Affiliate may terminate the Agreement at any
time by notifying us through email. If the Agreement has not
been terminated due to breach of its terms, the final referral
fee payment to Affiliate will be made to Affiliate within a
reasonable period of time. If the Agreement has been terminated
because of breach of its terms by the Affiliate, the Affiliate
will automatically forfeit any referral fees then receivable
or receivable in the future.
Modification and Application: We may, in good faith, modify
any of the terms and conditions contained in this Agreement
(including, but not limited to, the Referral Fee Amounts), at
any time and in our sole discretion, by posting a change notice
or a new agreement in this Web site and by informing Affiliate
through email. It is our intention to keep Referral Fee Amounts
as stated. However, we reserve the right to alter the Referral
Fee Amounts at any time. Any credit accumulating after such
change will be at the new rate, i.e. the Affiliate is not guaranteed
to have the same rate as the one started with. This is not a
loophole to defraud Affiliate, but a way for us to prepare for
anything unforeseeable in the rapidly changing world of the
Internet and electronic commerce. If any modification to this
Agreement is not acceptable to the Affiliate, its only recourse
is to terminate this Agreement. The Affiliate's continued participation
in the Program following the said posting of a change notice
or new agreement shall constitute binding acceptance by the
Affiliate of the change.
any of the provisions of this Agreement are determined by a
court to be unenforceable, they shall be severed from this Agreement,
and the remaining provisions shall remain in full force and
Investigation: Affiliate acknowledges that it has reviewed
this Agreement and agrees to all its terms and conditions. The
Affiliate understands that we may at any time solicit customer
referrals on terms that may differ from those contained in this
Agreement or operate Web sites that are similar to or compete
with the Affiliate's Web site. The Affiliate has independently
evaluated the desirability of participating in the Program and
is not relying on any representation, guarantee or statement
other than as set forth in this Agreement.
Law: This Agreement shall be governed by the laws of Thailand,
and all disputes concerning this Agreement and the obligations
assumed by the parties shall be resolved before such courts.
Agreement represents the entire agreement between the parties
and supersedes all prior negotiations, agreements and understandings,
agree to the terms and conditions and want to sign up.