Dara's Affiliate Program Sign Up

Please read the Affiliate Agreement below and (if you agree), please sign up to register as an affiliate!

Affiliate License Agreement
 
1. This agreement (herein, “Affiliate Agreement”, “Affiliate License Agreement” “Affiliate License” or this “Agreement”) is made between Dara Sklar and Total Marketing and Consulting Inc., including our legal successors and assigns, (also herein, “we”, “us”, “our” or “Company”), and you, the user and/or member that wants to participate (the “Affiliate” or “you”) in our affiliate program and has been accepted by the Company into its affiliate program (the “Affiliate Program”). Collectively, the Company and the Affiliate are referred to as the “Parties”. You already are a user of our content and have agreed to all of the terms of our Terms & Conditions, Member Agreement and Privacy Policy, which are linked here for your convenience, all the terms of which are incorporated herein by reference.
 
2. Affiliate is solely responsible for use and distribution of the correct affiliate link, to ensure they receive credit for their referrals. Company will not be responsible for paying out commission if sales were not referred with the correct affiliate link. 

3. Promotional Materials: Affiliate wants to include certain materials promoting Company, and to include a link to Company’s website within those materials on Affiliate’s website. Company shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the Affiliate website (the “Promotional Materials”). Affiliate shall display the Promotional Materials on Affiliate’s website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to Company’s website, as specified by Company.
 
4.   Use of Promotional Materials: The Affiliate’s use and display of the Promotional Materials on the Affiliate’s site shall conform to the following terms, conditions and specifications:
A. Affiliate may not use any graphic, textual or other materials to promote Company’s website, products or services other than the Promotional Materials, unless Company agrees to such other materials in writing prior to their display.
B. Affiliate may only use the Promotional Materials for the purpose of promoting Company’s website (and the products and services available thereon), and for linking to Company’s website.
C. Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Company. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Company for such alteration of modification.
D. The Promotional Materials will be used to link only to Company’s website, to the specific page and address as specified by Company.
 
5.   Affiliate License: Company hereby grants to Affiliate a nonexclusive, nontransferable license (the “Affiliate License”) to use the Promotional Materials as specified under the terms of this Agreement. The term of the Affiliate License shall expire upon the expiration or termination of this Agreement.
 
6.   Intellectual Property: Company retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the Affiliate License as set forth above.
 
7.   Relationship of Parties: This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Company and Affiliate. Affiliate shall provide services for Company as an independent contractor and in no other capacity. Affiliate shall have no authority to bind Company into any agreement, nor shall Affiliate be considered to be an agent of Company in any respect. The Company can cancel the Affiliate relationship at any time, and the Affiliate agrees to cease promotion and use of promotional materials if this occurs.
 
8. Commissions:
A. In exchange for Affiliate’s display of the Promotional Materials, and for Affiliate’s compliance with and performance of the terms and conditions of this Agreement, Company shall pay to Affiliate a commission (the “Commission”) in the amount of a percentage of product sold to a user that accesses Company’s website through a link on Affiliate’s website. This percentage varies according to the product sold and is subject to change by the Company at any time. Notification to Affiliate of any change in Affiliate’s commission percentage will be given by Company at the email address on hand for the Affiliate. Commission will be based on purchases made by a user for any new and recurring purchases for the life of the registered user.
B. Company shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Affiliate shall be given reasonable access to these records upon request. Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to Affiliate in any period or periods shall be rectified by Company within 14 days of discovering such discrepancy.
C. Commissions are held for a period of 30 days after any purchase to protect Company in the event of any chargeback that may occur, which may be paid sooner at the sole discretion of Company and as its systems may allow (such date of actual payment, the “Commission Payment Date”). If the buyer purchases using a payment plan, then commissions will pay out within 30 days of each successful transaction for the installment payments. If on any Commission Payment Date, the amount of total Commissions accrued and payable to Affiliate is less than US$20.00, then such accrued and payable balance may be held over to the following month, and paid together with the Commissions due for that month. If at any time, the balance of accrued and payable Commissions is held over for 2 consecutive months, then Company shall pay all accrued and payable Commissions to Affiliate in the third month, regardless of the total amount owed. Payment is made via the Affiliate’s PayPal account; any inquiries regarding payment processing may be directed to PayPal.
D. Cookies: A “Cookie” is a value stored on a user’s computer, more specifically here, a user of Affiliate’s website using, accessing and/or clicking Company’s Promotional Materials. (For more info on what a cookie is and how the Company uses them generally, see Company’s Privacy Policy at the link provided above.) When a user comes to Affiliate’s website via an affiliate link, a Cookie is saved on the user’s computer. Company uses Cookies to track affiliate referrals from Affiliate’s website. Each Cookie has an expiry date or duration, which is set by Company; the duration of these Cookies for Company’s Affiliates is set to 90 days. This means, if a user comes to Company’s site via Affiliate’s link and purchases something within 90 days, then Affiliate will receive a Commission for that user’s purchase.
E. In the event that Affiliate materially breaches this Agreement and Company terminates this Agreement within 30 days of the breach, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and Company shall not be obligated to pay such Commissions to Affiliate.
F. The Affiliate will not receive commission payment for their own purchases of Company’s products. That is, if you purchase a product for yourself with your own affiliate link, you will not be paid. Please contact admin [at] withdara.com for a discount code instead, if you see a product that you want for yourself.
 
9. Affiliate’s Representations and Warranties: Affiliate represents and warrants the following:
A. Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.
B. Affiliate’s website does not contain any materials that are: (i) sexually explicit, obscene, or pornographic, (ii) offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, national origin, creed, religion, gender, sexual orientation, physical disability, or otherwise), (iii) graphically violent, including any violent video game images, or (iv) solicitous of any unlawful behavior.
C. Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate’s website. Nothing on Affiliate’s website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
D. Affiliate will not use the Promotional Materials in any manner other than those set forth above.
E. Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property of the Company.
F. Affiliate will not publish or otherwise distribute any advertising materials for Affiliate’s website that reference the Company or Company’s website unless Company gives prior written consent to the distribution of such materials. Affiliate will not use Company’s name (or any name that is confusingly similar to Company’s name) for any purpose on its website, in Affiliate’s own promotional materials, or in any other context except to promote Company’s website as specified in this Agreement. Affiliate will not register any domain name that incorporates Company’s name, or that is confusingly similar to Company’s name.
G. Affiliate will not engage in the distribution of any unsolicited bulk emails (spam), text messages or any other messages in any way mentioning or referencing Company or Company’s website.
 
10.   Indemnification: Affiliate agrees to defend, indemnify and hold harmless Company, its officers, affiliates, directors, agents, and employees from and against any and all property damage, personal injuries or death and other liability, loss, cost, expense, or damage, including, without limitation, court costs and reasonable attorney’s fees arising out of Affiliate’s personal individual conduct, actions or inactions, the operations of business or asset owned or controlled by Affiliate or for which Affiliate is acting as manager or agent, and/or from Affiliate’s breach of any of the terms of this Agreement, Company’s Terms and Conditions or Privacy Policy. Affiliate shall also defend, indemnify and hold harmless Company for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.
 
11. Confidentiality: Any information that Affiliate is exposed to by virtue of its relationship with Company under this Agreement, which information is not available to the general public, shall be considered to be “Confidential Company Information.” Affiliate may not disclose any Confidential Company Information to any person or entity, except when and where compelled by law, unless Affiliate obtains prior written consent for such disclosure from Company.
 
12. Term, Termination, Amendment: This Agreement shall take effect immediately, and shall remain in full force and effect indefinitely, or until terminated pursuant to this Section. Either Party shall have the right to terminate this Agreement at any time and for any cause. The terminating Party must give written notice to the other Party at least 30 days prior to the intended date of termination. Affiliate cannot amend the terms of this Agreement; except for Commissions already paid or already earned and payable to Affiliate under this Agreement, Company reserves its exclusive right to alter and amend any term of this Agreement at any time with or without notice to Affiliate. Company also reserves the right to terminate the affiliate account of Affiliate if or when Affiliate does not post any income to such account in any twelve (12) month period; such termination may take place without any thirty (30) day prior written notice to Affiliate.
 
13. Taxes: Company shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with Company as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate. Upon entering into this Agreement, Affiliate immediately shall provide whatever tax-related information may be required and requested by Company in order to comply with applicable tax laws, including without limitation, tax identification numbers, employer identification numbers, street address information, etc. (“Affiliate’s Tax Information”). Affiliate’s failure to provide such tax-related information will result in Affiliate’s not being paid any Commissions that may have accrued, regardless of their amount; after Affiliate has failed to provide the Affiliate’s Tax Information for more than 60 days, Affiliate shall forfeit any and all Commissions which have accrued in the Affiliate’s account with the Company.
 
14. Limitation of Liability: Company shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.

15. FTC DISCLOSURES AND LEGAL LISTING OF AFFILIATE STATUS.

Affiliate must comply with all guidelines set by the federal government through the Federal Trade Commission by prominently disclosing its affiliate relationship with Company.  When Affiliate promotes Company via its website, emails, blog posts, digital media, and other promotions and wherever it shares Affiliate's Link, Affiliate must include a clear, understandable, and conspicuous disclosure notice regarding its status as Company's affiliate.  The disclosure must be placed right next to the words or links used to promote Company's Services.  An example of a disclosure (for example purposes only): "This email contains affiliate links to products and services.  We may receive a commission for purchases made through these links."
 
16. Entire Agreement: This Agreement constitutes the entire agreement between Company and Affiliate, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.


17. The Affiliate agrees to receive occasional emails about the Company’s Affiliate program.


Please contact affiliate [at] withdara.com for guidance, questions or support related to this affiliate program.

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END OF AFFILIATE AGREEMENT