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Affiliate Conditions
TERMS & CONDITIONS This agreement describes the terms and conditions for participation in the Destiny Reef Affiliate Program. The terms "Affiliate," "you," and "your" are referring to you, the applicant. "We" and "our" refer to Destiny Reef Affiliate Program, and Destiny Reef Enterprises, Inc., Owner, of Destiny Reef.com We are independent parties and this agreement will not form any partnerships. AGREEMENT DURATION This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination. MODIFICATION By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change. COMMISSION FEES You will receive 30%, (Thirty Percent), per sale for any sale of Destiny Reef’s Listings on the first level, and 15%, (Fifteen Percent), per sale of Destiny Reef’s Listings for any Affiliates who you have signed up under you for this program. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the service ordered. Affiliate commissions will only be paid on sales, which are made through qualified Affiliates. Fees will accrue until there is a minimum of $100.00 in your account prior to any payments being made. Referral fees can only be earned between the acceptance of the Affiliate application and notice of termination. Destiny Reef Enterprises, Inc. will pay fees on the 1st of each month. Furthermore depending on the sale date it may be up to 30 days before you will receive a commission check. Any returned checks, charge backs, or fees from a returned order will be adjusted in the following fee payment. If no fee payment is due a billing invoice for the amount will be issued. ABOUT LIABILITY Neither Destiny Reef or Destiny Reef Enterprises, Inc. will not be held liable for indirect, special, or consequential damages or any loss of revenue, profits, or data arising in connection with the agreement or the Destiny Reef Affiliate Program, even if we have been advised of the possibility of such damages. Furthermore, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement. ORDERS PROCESSING Destiny Reef’s Affiliate Program will be solely responsible for processing every order placed by a customer on the Affiliate and sub-affiliate sites. Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Destiny Reef’s Affiliate Program. Prices and availability of our products and services may vary from time to time. Destiny Reef’s Affiliate Program policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies. WEB SITE RESTRICTIONS Destiny Reef’s Affiliate Program reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the Destiny Reef Affiliate Program include sites such as sites that are:X- rated and promote sexually explicit materials Promoting violence and discord. Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age Promoting illegal or questionable activities Violating intellectual property rights SPAM (UCE) Unsolicited Commercial E-mail – Destiny Reef’s Affiliate Program in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the Destiny Reef Affiliate Program. DISCLAIMER We make no express or implied warranties or representations with respect to the Destiny Reef Affiliate Program or your potential to earn income from the Destiny Reef Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time. The laws of the United States and the State of Florida will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Federal or State courts located in Okeechobee, Fl., and you irrevocably consent to the jurisdiction of such courts. You 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 on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. By submitting this Affiliate Agreement form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
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