Affiliate Program Terms and Conditions
1) Terms of the Agreement: This agreement is binding and between HD Productions (going forth abbreviated as “HDP”) and AFFILIATE. The term of this Agreement will begin upon HDP’S acceptance of Affiliate’s application to HDP’S Affiliate Program, and will end when terminated by either party. Either affiliate or HDP may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Affiliate is eligible to earn referral fees on sales occurring during the term.
2) Enrollment Process: To begin the enrollment process, Affiliate will submit an application via HDP Website. Once the Affiliate application has been evaluated, HDP will notify Affiliate of Affiliate's acceptance or rejection. HDP may reject Affiliate's application if it is determined the Affiliate (or Affiliate’s site) is unsuitable for the Affiliate Program. HDP does NOT promote violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or illegal activities and/or violating intellectual property rights. The use of any of the above will be cause for immediate termination.
3) Modification: HDP may modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on this site. IF ANY MODIFICATION IS UNACCEPTABLE TO AFFILIATE, THE ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. AFFILIATE’S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON HDP-DEL SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
4) Limitation of Liability: HDP will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if HDP has been advised of the possibility of such damages. Further, HDP’S aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.
5) Independent Investigation: Affiliate acknowledges that this agreement has been read, and agrees to all its terms and conditions. Affiliate understands that HDP may at any time (directly or indirectly) 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 Affiliate’s website. 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.
6) SPAM: HDP has a zero tolerance policy for SPAM. Any Affiliate accused of SPAMMING will be immediately removed from the affiliate program. The only recourse to maintain your affiliate relationship is proof of 'opt in' that will undermine the validity of the Spam complaint. Valid SPAM complaints will result in the immediate termination of your account and forfeiture of any commissions owed to affiliate.
7) Miscellaneous: This Agreement is governed by the home state laws of HDP. Any action relating to this Agreement must be brought in the federal or state courts located in the home state of HDP, and affiliate irrevocably consents to the jurisdiction of such courts. Affiliate may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding the affiliate, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. HDP’S failure to enforce affiliate’ s strict performance of any provision of this Agreement will not constitute a waiver of HDP’S right to subsequently enforce such provision or any other provision of this Agreement.
8) Tracking: HDP will be responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. HDP will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales.
If there is failure by the affiliate to use the proper format of the specially assigned URL in promotions, webpage links, banner ads, and so on. Deliberate or accidental actions by customers to circumvent an affiliate's special URL so that our software is unable to accurately track that sale, HDP will NOT be held responsible.
If there are bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time, HDP will NOT be responsible.
If there are acts of nature that cause irretrievable data loss on the computers and back-up disk media, HDP will NOT be responsible.
9) Relationships and Responsibilities: Affiliate will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, affiliate will be solely responsible for:
The technical operation of your site and all related equipment
The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)
Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
Ensuring that materials posted on your site are not libelous or otherwise illegal.
HDP disclaims all liability for these matters. Further, affiliate will indemnify and hold HDP harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
10) Relationship of Parties: HDP and Affiliate or Affiliate’s company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on HDP’s behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this agreement.
11) a) No Warranties. HDP MAKES NO WARRANTIES TO AFFILIATES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE , AND ITS SUBCONTRACTORS. HDP-DEL EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. HDP-DEL shall not be liable for any damages suffered by affiliate, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. HDP-DEL is not responsible for affiliate’s lost profits or for affiliate’s loss of data or information.
b) TERMS. Affiliate agrees: (1) to use HDP’S system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (affiliate shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; 4) to accept commercial emails from HDP.
If HDP learns of a violation or likely violation of its TERMS OF SERVICE, it will attempt to notify affiliate. If affiliate does not take immediate remedial action which is satisfactory to HDP, or in the event of a serious violation of the TERMS OF SERVICE, HDP reserves the right to terminate affiliate’s account immediately. Every effort will be made to inform affiliate prior to account termination, and to re-establish the account upon receiving such representations from affiliate as HDP deems appropriate in the circumstances.
AFFILIATE’S SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD AFFILIATE USE HDP’S SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. Affiliate may also be subject to fines and legal actions as a result of bulk email promotion.
12) Assignment. This agreement is personal to the affiliate. Affiliate may not assign rights under this agreement without the prior consent of HDP. If affiliate does assign his/her rights, as would be the case were someone other than the affiliate to use its account, affiliate shall remain liable to HDP for any fees due under this agreement. HDP may assign this agreement at any time.
Thank you,
HD Productions
2) Enrollment Process: To begin the enrollment process, Affiliate will submit an application via HDP Website. Once the Affiliate application has been evaluated, HDP will notify Affiliate of Affiliate's acceptance or rejection. HDP may reject Affiliate's application if it is determined the Affiliate (or Affiliate’s site) is unsuitable for the Affiliate Program. HDP does NOT promote violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or illegal activities and/or violating intellectual property rights. The use of any of the above will be cause for immediate termination.
3) Modification: HDP may modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on this site. IF ANY MODIFICATION IS UNACCEPTABLE TO AFFILIATE, THE ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. AFFILIATE’S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON HDP-DEL SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
4) Limitation of Liability: HDP will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if HDP has been advised of the possibility of such damages. Further, HDP’S aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.
5) Independent Investigation: Affiliate acknowledges that this agreement has been read, and agrees to all its terms and conditions. Affiliate understands that HDP may at any time (directly or indirectly) 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 Affiliate’s website. 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.
6) SPAM: HDP has a zero tolerance policy for SPAM. Any Affiliate accused of SPAMMING will be immediately removed from the affiliate program. The only recourse to maintain your affiliate relationship is proof of 'opt in' that will undermine the validity of the Spam complaint. Valid SPAM complaints will result in the immediate termination of your account and forfeiture of any commissions owed to affiliate.
7) Miscellaneous: This Agreement is governed by the home state laws of HDP. Any action relating to this Agreement must be brought in the federal or state courts located in the home state of HDP, and affiliate irrevocably consents to the jurisdiction of such courts. Affiliate may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding the affiliate, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. HDP’S failure to enforce affiliate’ s strict performance of any provision of this Agreement will not constitute a waiver of HDP’S right to subsequently enforce such provision or any other provision of this Agreement.
8) Tracking: HDP will be responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. HDP will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales.
If there is failure by the affiliate to use the proper format of the specially assigned URL in promotions, webpage links, banner ads, and so on. Deliberate or accidental actions by customers to circumvent an affiliate's special URL so that our software is unable to accurately track that sale, HDP will NOT be held responsible.
If there are bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time, HDP will NOT be responsible.
If there are acts of nature that cause irretrievable data loss on the computers and back-up disk media, HDP will NOT be responsible.
9) Relationships and Responsibilities: Affiliate will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, affiliate will be solely responsible for:
The technical operation of your site and all related equipment
The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)
Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
Ensuring that materials posted on your site are not libelous or otherwise illegal.
HDP disclaims all liability for these matters. Further, affiliate will indemnify and hold HDP harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
10) Relationship of Parties: HDP and Affiliate or Affiliate’s company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on HDP’s behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this agreement.
11) a) No Warranties. HDP MAKES NO WARRANTIES TO AFFILIATES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE , AND ITS SUBCONTRACTORS. HDP-DEL EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. HDP-DEL shall not be liable for any damages suffered by affiliate, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. HDP-DEL is not responsible for affiliate’s lost profits or for affiliate’s loss of data or information.
b) TERMS. Affiliate agrees: (1) to use HDP’S system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (affiliate shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; 4) to accept commercial emails from HDP.
If HDP learns of a violation or likely violation of its TERMS OF SERVICE, it will attempt to notify affiliate. If affiliate does not take immediate remedial action which is satisfactory to HDP, or in the event of a serious violation of the TERMS OF SERVICE, HDP reserves the right to terminate affiliate’s account immediately. Every effort will be made to inform affiliate prior to account termination, and to re-establish the account upon receiving such representations from affiliate as HDP deems appropriate in the circumstances.
AFFILIATE’S SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD AFFILIATE USE HDP’S SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. Affiliate may also be subject to fines and legal actions as a result of bulk email promotion.
12) Assignment. This agreement is personal to the affiliate. Affiliate may not assign rights under this agreement without the prior consent of HDP. If affiliate does assign his/her rights, as would be the case were someone other than the affiliate to use its account, affiliate shall remain liable to HDP for any fees due under this agreement. HDP may assign this agreement at any time.
Thank you,
HD Productions
