June 10th, 2019
DWC affiliates are extremely important to us. We do our very best to treat them with the fairness and respect they deserve, and ask for the same consideration in return. We have written the following affiliate agreement with you in mind, as well as to protect our company's hard-earned exceptional reputation. So please bear with us as we take you through this legal formality.
We are strong believers in straight-forward and honest communication. If you have any questions, please don't hesitate to let us know. For quickest results, please email us at firstname.lastname@example.org.
President | DreamWork Consulting
Revised June 10th, 2019
PLEASE READ THE ENTIRE AGREEMENT. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DREAMWORK CONSULTING. BY SUBMITTING THE ONLINE AFFILIATE REGISTRATION FORM, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION HEREIN. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
1.1 | This Agreement contains the complete terms and conditions that apply to you becoming and participating as an affiliate within the DWC Affiliate Referral Program. The purpose of this Agreement is to enable you to refer new clients to DreamWork Consulting and for you to be rewarded for such referrals. Please note that throughout this Agreement, "we," "us," and "our" refer to DreamWork Consulting, and "you," "your," and "yours" refer to the affiliate. In addition, “the Program” refers to The DreamWork Consulting Affiliate Referral Program.
1.2. | This Agreement will begin upon our acceptance of you into the Program, notice of which shall be provided to you via e-mail.
2. Obtaining, Maintaining & Terminating Affiliate Status
2.1. | To begin the registration process, you will complete and submit the online affiliate registration form available at dreamworkconsulting.com. Submitting the form does not automatically guarantee your acceptance into the Program. We will review your completed form and notify you if/when you are accepted. We reserve the right to reject, at our sole discretion, any registration applicant for any reason. Furthermore, even after being accepted into the Program, your participation in the Program is subject to our ongoing approval, and we reserve the right to cancel your participation in the Program for any reason and at any time.
2.2. | As an affiliate, you are not an employee of DreamWork Consulting, and you are not to present yourself to others as though you are. It is your responsibility and obligation to act in an ethical manner at all times when promoting DreamWork Consulting and/or its services. Misrepresenting your relationship with us, the services we offer, or your involvement in the Program, is not permitted under any circumstances.
2.3 | We expect all our affiliates to engage in the Program in good faith. Attempts to unfairly manipulate the program to increase earnings for yourself or others, or to provide additional cost savings to clients, shall result in your immediate termination from the Program and forfeiture of any of your past and/or current earnings from it.
2.4 | Affiliates must refrain from making any disparaging remarks, whether expressed or implied, online, verbal or otherwise, regarding DreamWork Consulting, its owners, staff, contractors, clients and affiliates. Failure to comply will result in the affiliate’s immediate termination from the Program and their forfeiture of any of their past and/or current earnings from the Program.
2.5 | Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice from the affiliate should be in the form of an e-mail sent to email@example.com. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
3. Referral Bonuses
3.1 | Any compensation offered to you through the Program, including our standard referral bonus, is offered at our sole discretion. We reserve the right to alter and/or cancel the Program’s compensation structure at any time, for any reason, and without notice.
3.2 | You understand that it is your responsibility to report, as appropriate, any earnings you may make through the Program to your employer and/or your government, and to remit any appropriate taxes, fees or profit sharing you may be required to remit to them by law or 3rd party contract.
3.3 | When registering to become an affiliate with us, you will choose one of three options regarding the type of referral bonus you would like to earn for referring new clients to us. The three options you can choose from are: a $100 cash payout to you, a $100 donation to a charity of your choice, or a $100 service credit provided to the individual being referred. Your initial choice of one of these three options is final, and cannot be altered without our expressed written approval.
i) Affiliates who choose the cash payout option as compensation for new client referrals, will be paid via Electronic Money Transfer (EMT) to the e-mail address they indicate on the Affiliate Registration Form. These payouts are calculated and paid 4 times per year (once per quarter). For exact payout dates, please contact us.
ii) Affiliates who choose for their referral bonus to be paid out as a charitable donation are not also eligible for a cash payout. At our discretion, charitable donations may be made directly by us to the charity the affiliate has indicated on their Affiliate Registration Form, or we may payout the amount to the affiliate who can then make the donation themselves.
iii) Affiliates who opt to forfeit a referral payout to themselves or to a charity, in favour of providing their referred client with a $100 credit towards the purchase of DreamWork Consulting’s resume writing service, are not entitled to any referral bonus payout. The credit shall be automatically applied to the referred client’s initial purchase. The credit is non-transferrable, non-refundable and can only be used towards the purchase of our resume writing service.
3.4 | In order for an affiliate to be eligible for a referral bonus, the client they refer to us must:
- not have had previous contact with DreamWork Consulting, either as a customer or in some other capacity;
- use the affiliate’s unique referral code at the time their initial purchase with us is made (referral codes cannot be applied retroactively); and
- pay our standard resume writing fee (currently $499 + tax) in full.
3.5 | We utilize software implemented by our website provider to track client referrals. We accept no responsibility for errors or omissions caused by the website provider’s software in the tracking of client referrals. Should a dispute arise regarding client referrals and/or payout amounts earned by an affiliate through the Program, we will conduct an investigation and determine a resolution at our sole discretion. All dispute resolutions decided by us are final, and you agree to accept and abide by those decisions.
3.6 | We make no expressed or implied representation, promises or guarantees regarding minimum earnings an affiliate can, may or will make through the Program. Affiliates are not entitled to any minimum payout.
4. Marketing Restrictions
4.1 | Unless we agree in writing to the contrary, you are not permitted to use DreamWork Consulting’s logo, slogans or intellectual property.
4.2 | While we encourage our affiliates to use innovation and initiative in participating in the Program, we require you to speak with us prior to conducting any large scale and/or formal marketing activities in regards to our company or the Program. This includes, but is not limited to, online ad campaigns, in store promotions, direct mail campaigns, and/or public signage.
4.3 | Affiliates may not mention nor promote DreamWork Consulting via any website or organization dealing with adult entertainment, alcohol, animal cruelty, tobacco, drugs, hunting, weapons, multi-level marketing, or criminal activity of any sort.
4.4 | Affiliates may not make disparaging or critical remarks in public regarding any DreamWork Consulting competitor without our expressed written consent.
4.5 | Affiliates are barred from using multi-level marketing strategies in regards to their participation in the Program.
4.6 | Unless otherwise authorized by us in writing, affiliates are barred from making assertions about DreamWork Consulting and/or the services we provide that are not expressly stated on our website.
4.7 | Certain forms of advertising are always prohibited by DreamWork Consulting. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause irreparable damage to our brand. Other generally prohibited forms of advertising include the use of unsolicited commercial e-mail (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your company, or your return email address. You may use mailings to promote DreamWork Consulting so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote DreamWork Consulting so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself as independent from DreamWork Consulting. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
4.8 | Unless otherwise agreed to in writing by us, any and all costs (including marketing costs) you may incur while participating in the Program are solely your responsibility, and will not be reimbursed by us.
5.1 | We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. Changes to the terms and conditions will be posted on our website at dreamworkconsulting.com. It is your responsibility to periodically review the terms and conditions to familiarize yourself with any modifications that have been made to it. Modifications may include, but are not limited to, changes in the payment procedures and affiliate program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the affiliate program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6. Representations and Warranties
You represent and warrant that:
6.1 | This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
6.2 | You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
6.3 | You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
7. Limitations of Liability
7.1 | WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL DREAMWORK CONSULTING’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
8.1 | By participating in the Program, you agree to indemnify and hold harmless DreamWork Consulting and its subsidiaries, owners, partners, shareholders, members, staff, contractors, clients and affiliates against any and all actions, claims, costs (including reasonable attorneys’ fees), damages, demands, expenses, fees, judgments, liabilities, losses, settlements, and/or taxes which you may have as a consequence of your participation in the Program or relationship with DreamWork Consulting and its subsidiaries, owners, partners, shareholders, members, staff, contractors, clients and affiliates.
9.1 | During your time as an affiliate, you may become privy to proprietary, confidential and/or sensitive information regarding our business practices, strategies, plans, financials or our team members and clients. All such information remains the exclusive property of DreamWork Consulting, and you shall be obligated to keep any such information in confidence and not use or disclose any such information to any other person, business or entity without the express written permission of DreamWork Consulting. Your obligation to keep such information in confidence shall extend indefinitely, even after your participation in the Program ends.
10.1 | You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and DreamWork Consulting. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that reasonably would contradict anything in this Section.
10.2 | This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario without regard to the conflicts of laws and principles thereof.
10.3 | You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
10.4 | This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
10.5 | The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
10.6 | If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.