Last Updated on March 31, 2020
DreamsCommerce™ Affiliate Agreement
DreamsCommerce™ may offer you an opportunity to become an independent DreamsCommerce™ Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for DreamsCommerce™ products, services and accounts that you sell. DreamsCommerce™ reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed herein. See also DreamsCommerce™ Terms of Service, which apply to you in your role as Affiliate, unless otherwise expressly provided for.
This Affiliate Agreement (“Agreement”) governs Your application for, and any subsequent participation in, DreamsCommerce’s Affiliate program. By clicking “I Accept the Terms and Conditions” and submit, You thereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement, and agree that You are bound by its terms.
SECTION 1 – PARTIES All references to “DreamsCommerce” herein means and refers to Dreams Design Group Inc, doing business as DreamsCommerce™. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement. DreamsCommerce™ and You are each referred to herein as a “Party,” and collectively as the “Parties.”
SECTION 2 – APPLICATION You agree to provide all information requested by DreamsCommerce™ in connection with Your Affiliate application, and You affirm that all information that You provide is truthful and accurate. You understand and agree that DreamsCommerce™ retains sole and exclusive discretion to determine whether You qualify for participation in DreamsCommerce’ Affiliate program. Not everyone who applies for DreamsCommerce’s Affiliate program will qualify to participate.
SECTION 3 – CONSENT TO BE CONTACTED You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate program, including through automated dialing systems, texts and artificial or pre-recorded messages. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.
SECTION 4 – COMPENSATION If Your application to become an Affiliate is approved by DreamsCommerce™, You will receive a unique Affiliate ID. The Affiliate ID will be incorporated within each URL which You will use to advertise DreamsCommerce™. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Affiliate ID.
In the event that a prospect (“Prospect”) has multiple Affiliate cookies (“Cookies”), the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. There are some products and services sold that do not have trial periods.
Provided that the Sold Account (as defined below) remains in good status within thirty (30) days from the Sale, You will be paid a commission for each Sold Account that generates a payment to DreamsCommerce™ in a month (“Commission”). Except as otherwise provided herein, Commission payments will be paid on the 1st of each month following DreamsCommerce’s receipt of payment for a Sold Account, subject to the other terms of this Agreement. In the event the 1st of each month falls on a holiday, Commission payments will be paid on the business day preceding the holiday. All Commission payments are based on the amount of fees received by DreamsCommerce™, less sales taxes.
Whether or not You apply and are accepted as an Affiliate, if You are a DreamsCommerce’s user who chooses to display a “made with DreamsCommerce” badge on the bottom of Your Ecommerce, You will have the opportunity to receive a commission (the “Badge Commission”) when a Prospect purchases a DreamsCommerce™ store using Your Badge Affiliate Link, the Prospect makes payment, and a Sale is registered (each such account is a “Sold Account.”)
The amount of Commissions are as follows:
Badge Commission: 20% (applicable to anyone); See DreamsCommerce™ Terms of Service for more information about the Badge Commission.
Front-End Affiliate: 40% Commission on front-end offers*
Open Affiliate: 30% Commission on SAAS plus 40% on front-end offers *
Qualified Affiliate: 40% Commission on SAAS plus 40% on front-end offers*
*Initial approval into the DreamsCommerce’s Affiliate Program grants you access to promote select front-end offerings (the Front-End Affiliate). You will receive a 40% Commission on these offerings. After you have earned $1,000 Commission in a calendar month, you will be eligible to apply for “Open Affiliate”, a program whereby you can promote front-end offerings as well as additional services, such as the DreamsCommerce™ SAAS. Open affiliates who demonstrate exemplary compliance with all terms of this Agreement and who also maintain 40 unique DreamsCommerce™ paid user accounts on a monthly basis (DreamsCommerce™ accounts must be sold at $97 or above) may qualify for “Qualified Affiliate” status, which determination shall be in DreamsCommerce’s sole and exclusive discretion. For avoidance of doubt, an Affiliate can receive both Badge Commission and Affiliate Commissions simultaneously.
All Commissions and Legacy Bonuses are paid in U.S. Dollars (USD) or otherwise in currencies offered by the payment provider. Some payment methods may incur processing fees that may be deducted from Your Commissions or Legacy Bonus payment. Your combined Commission and Legacy Bonus must equal or exceed One Hundred and 00/100 Dollars ($100.00) (USD) before You receive a payment from DreamsCommerce™. If Your combined Commissions and Legacy Bonuses in a 120-day period do not exceed $100.00 (USD) Your Commissions will not be paid and will be forfeited.
Once a Commission of $100 (USD) or more is earned, You will need to register with our third-party payment provider to receive payment of Commissions. This means You are authorizing third party companies to contact You. Before You can be paid any Commission or Legacy Bonus, You must provide DreamsCommerce™ a completed W-8 or W-9 tax form, as instructed by DreamsCommerce™, as well as any supporting documentation requested by DreamsCommerce™ or its third-party payment provider. You will be deemed to have permanently waived all rights to Commissions or Legacy Bonuses that were earned more than 120 days before submitting a completed W-8 or W-9 tax form or any ancillary supporting documentation that is requested to confirm the information on your tax form. If You are not a resident of the United States, DreamsCommerce™ may withhold tax (including without limitation VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).
Affiliates will not be paid any Commissions or Legacy Bonuses for payments made on Affiliate’s own user account(s). Affiliates are not permitted to open a DreamsCommerce™ account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions, Legacy Bonuses or any other compensation. Affiliates may not pay for another person’s or entity’s account. Affiliates are not permitted to offer cash rebates or other monetary incentives to obtain Sales or Legacy Sales.
Commissions and Legacy Bonuses are paid only for transactions that actually occur between DreamsCommerce™ and a Sale or a Legacy Sale and in which payment is received by DreamsCommerce™. If payment for a Sold Account or a Legacy Account later results in a refund or chargeback, and if a Commission or Legacy Bonus was paid to You for that Sold Account or Legacy Account payment, then the Commission or Legacy Bonus will be deducted from Your future Commissions and/or Legacy Bonuses.
If DreamsCommerce™ determines, in its sole and exclusive discretion, that any Sale or Legacy Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission or Legacy Bonus will be paid for such Sale or Legacy Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions and Legacy Bonuses, and DreamsCommerce™ may terminate this Agreement immediately without DreamsCommerce™ having any liability to You.
SECTION 5 – TERM AND TERMINATION The term of this Agreement will begin the earlier of (i) when You click “I accept the Terms and Conditions” and submit; or (ii) Your participation in the Affiliate program is approved. Your participation in the DreamsCommerce™ Affiliate program will continue month-to-month until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days’ written notice of termination. If, in our sole discretion, You fail, or we suspect that You have failed, to comply with any term or provision of the Agreement or the Terms of Service, or violated any law, whether in connection with Your use of DreamsCommerce™ or otherwise, we may terminate the Agreement or suspend Your access to the Affiliate website (“Website”) at any time without notice to You. In addition, if, based on our data, you have a dispute rate greater than 10%, we may terminate this Agreement or suspend your access to the Website at any time without notice to You. In such an instance, and in our sole discretion, we may also for the aforementioned reasons, terminate our relationship and suspend any accounts owned/controlled by You. For the avoidance of doubt, and without limitation for purposes of the foregoing, any violation of the required disclosure will be deemed a material breach of this Agreement. See Appendix A, Section 2, Disclosure. In the event this Agreement is canceled due to Your breach, You immediately forfeit all Commissions, Legacy Bonuses, and any other payments owed to You or that may in the future be owed to You without any further liability by DreamsCommerce™ to You. This Agreement will terminate automatically if You earn no (zero) Commissions over a 12 month period.
If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your DreamsCommerce™ account.
SECTION 6 – ADDITIONAL REPRESENTATIONS AND WARRANTIES In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify DreamsCommerce™ of the same within 24 hours. DreamsCommerce™, in its sole and exclusive discretion, may immediately terminate Your participation in DreamsCommerce’ Affiliate program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.
SECTION 7 – ENTIRE AGREEMENT This Agreement, Appendix A below, along with DreamsCommerce’ standard Terms of Service, represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Affiliate application and, if approved, Your rights and responsibilities as an Affiliate.
Additional Terms of the Affiliate Agreement and Advertising Rules
These Advertising Rules apply to all activities of Affiliate:
General Compliance. Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. Affiliate is solely responsible for ensuring Affiliate’s compliance with all laws. Affiliates are strictly prohibited from making claims concerning the products and services offered by DreamsCommerce™ that are inconsistent with, or beyond the scope of marketing materials produced and made available by DreamsCommerce™ on DreamsCommerce™ website, www.dreamsscommerce.com. Affiliate is prohibited from publishing or otherwise distributing advertisements by telemarketing, fax, or text messaging in any form to any device. Affiliate shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement. Affiliate may, however, offer Prospects information and materials of tangible value including, but not limited to, website templates, information about e-commerce, website design, and online marketing, for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to the Prospect. DreamsCommerce™ retains the sole and exclusive discretion to determine whether Affiliate’s advertising and conduct is in compliance with all laws.
Disclosure. On any website that Affiliate advertises any DreamsCommerce™ service or product, Affiliate must plainly display (i.e., not in a link, or in small font) disclaimer language, such as:
Disclosure: I am an independent DreamsCommerce™ Affiliate, not an employee. I receive referral payments from DreamsCommerce™. The opinions expressed here are my own and are not official statements of DreamsCommerce™ or its parent company, Etison LLC.
Non-Disparagement. Affiliate is not permitted to comment negatively about or disparage the products or services of DreamsCommerce™ or any other person or entity, including without limitation the products or services of a DreamsCommerce™ competitor. Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of DreamsCommerce™, any brand name of DreamsCommerce™, or based on the trademarks or brand name of any competitor of DreamsCommerce™, or any other third party. Affiliate shall not direct link to a DreamsCommerce’ sales page from any paid advertising.
Social Media. If Affiliate advertises on Instagram or YouTube, then each post must comply with all of the following:
Each post must contain @DreamsCommerce™ or #DreamsCommerce™.
Each post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button.
Each Instagram post must use Instagram’s “Paid Partnership” tool.
Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion of the video.
If Affiliate is advertising on other forms of written social media (e.g., Facebook, Twitter), Affiliate must comply with the above disclosure restrictions as applicable to each form of social media. Affiliate must also comply with all rules of each social media platform that Affiliate uses.
Income and Business Opportunity Claims. Affiliates are expressly prohibited from making any claims that use of DreamsCommerce™ will guarantee that the user will make money. If Affiliate’s recruiting efforts include claims related to income Affiliate has made from using DreamsCommerce™ or as an Affiliate, the following guidelines must be adhered to:
(a) Affiliate’s statements must be completely true and accurate and supported by evidence of Affiliate’s experience; and
(b) Affiliate’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results. Your results will vary based on a variety of factors including Your education, effort, and market factors. There is no guarantee You will make any money.”
Affiliate is also expressly prohibited from making any express or implied claims that DreamsCommerce™ is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.
DreamsCommerce’ Trademarks. No logo, tagline, trademark, trade name, or trade dress (collectively, the “DreamsCommerce™ Trademarks”) owned by DreamsCommerce™ may be used, copied, or reproduced by any Affiliate except as set forth below. No DreamsCommerce™ intellectual property (or any mark confusingly similar to any DreamsCommerce™ intellectual property) is to be registered as a trademark in any country or registered as a domain name by Affiliate in any way in any country.
Subject to the restrictions below, approved Affiliates are granted a limited, revocable, non-transferrable, and non-assignable license to use the “DreamsCommerce®” trademark, Registration No. 4993984, to advertise DreamsCommerce™ online. Any time Affiliate uses the word “DreamsCommerce” it must be immediately followed by “®”. Affiliate may not use “DreamsCommerce” or other DreamsCommerce’ trademarks as part of any URL, domain or website name.
DreamsCommerce™ retains exclusive ownership of all DreamsCommerce’ Trademarks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of DreamsCommerce’ intellectual property.
Complaint Notification. Affiliate must notify Company of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to email@example.com.
Independent Contractor. Affiliates are independent contractors of DreamsCommerce™. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between DreamsCommerce™ and You by virtue of this Agreement. You have no right to act on behalf of or bind DreamsCommerce™ in any way, nor share in the profits or losses of DreamsCommerce™. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.
NO WARRANTY; NO LEADS. DreamsCommerce™ does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that DreamsCommerce™ will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.
IN NO EVENT SHALL DREAMSCOMMERCE’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO DREAMSCOMMERCE FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST DREAMSCOMMERCE OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW.
As explained in DreamsCommerce’ Terms of Service, any controversy or claim arising out of or related to this Agreement or Your relationship with us that cannot be resolved through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. The sections of the Terms of Service entitled “DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER,” “DREAMSCOMMERCE’ ADDITIONAL REMEDIES,” and “GOVERNING LAW AND VENUE” are expressly incorporated herein by reference. Please review the Terms of Service for more information.
Indemnity. You agree to protect, defend, indemnify and hold harmless DreamsCommerce™, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third party claim against DreamsCommerce™ for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement.
Severability. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.
Modification/Amendments. This Agreement and DreamsCommerce’ standard Terms of Service may be modified by DreamsCommerce™ at any time, with or without prior notice to You. Amendments or modifications to this Agreement or the Terms of Service will be binding on You when they are sent to You via email, or are posted in the affiliate center. No amendment to this Agreement or the Terms of Service shall be valid unless prepared or signed by DreamsCommerce™. Your continued acceptance of Commission or Legacy Bonus payments constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms of Service.
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