dale! Network Affiliate Terms of Service (last updated: June 16, 2017)
This Agreement contains the terms and conditions that apply to participation as an affiliate in the dalenetwork.com Affiliate Network (dale!). As used in this Agreement, "we" means dale! (and its related entities), and "you" means the applicant party. "Site" means a World Wide Web site and, depending on the context, refers either to the dalenetwork.com site or to the site(s) that you submit on your application. "Affiliate" means an approved member of the Network.
dale! reserves the right to make changes to the site and these Terms of Service at any time. Continued use of the site after such changes have been made shall constitute consent to such modification.
I. Enrollment in the Network
Submission of your application to the dale! Network implies acceptance to the terms set forth in this agreement. We reserve the right to determine, at our sole discretion, the particular suitability of any Affiliate application to our Network. We will carefully evaluate your application and notify you of your acceptance or rejection. Minimum Requirements
Site must be fully functional - no "under construction" sites or sections.
Offer a top-level domain name.
Receive a minimum of 3,000 unique page views per month.
Site must be written in English, Spanish or Portuguese and contain only English, Spanish or Portuguese language content.
Site must contain substantial content-based material. Listings that consist solely of advertisements and advertising links do not constitute substantial content.
Site cannot exclusively offer incentives to users to click on ads, unless the only Program(s) run by the Affiliate explicitly allow incentives; incentives include but are not limited to awarding customers cash, points, prizes, contest entries, and any other thing of value transferred or licensed to a user.
No spawning pop-ups and exit pop-ups.
Site does NOT contain illegal, offensive, infringing or objectionable content.
The site may not place our advertisements into a framed environment on Affiliate or Other sites.
we reject your application, you may reapply to the Network at any time following a significant change in your application information or site content.
Email Promotional Requirements
dale! has a Zero Tolerance No Spam Policy.
As an affiliate, you agree NOT to spam or send unsolicited email mentioning or promoting the dale! Affiliate Network or its Advertisers in accordance with the CAN-SPAM Act of 2003.
Affiliate agrees that any email sent by Affiliate mentioning or promoting the dale! Network and/or its Advertisers is strictly permission based and this permission is documented by Affiliate.
Affiliate agrees to maintain documentation consisting of, at a minimum, email address, Time, Date, Subscriber IP address and original registration/subscription source.
Affiliate agrees to provide this documentation within 24 hours upon request by Network for any email sent by Affiliate mentioning or promoting the dale! Network and/or its Advertisers. Affiliate further agrees to the following for any email sent by Affiliate mentioning or promoting the dale! Network and/or its Advertisers:
No deceptive from lines, subject lines, or false headers.
From lines must disclose the true identity of the sender company and/or list name and must represent a valid working email address.
All emails must contain a functioning opt-out/unsubscribe link, valid return email address and opt-out/unsubscribe requests must be honored within 10 Days.
A physical address must be included in each email.
Any violation of our Zero Tolerance No Spam Policy will result in the forfeiture of your entire commission for all programs and your account being terminated. You will be held liable for any and all damages.
Links on Your Site
We will provide you with links to dale! Advertisers using unique URLs specified and provided by the Network (the "Campaign URLs").
Only approved sites are allowed to use these Campaign URLs.
As an affiliate, you will only use approved Campaign URLs, banner images and text in your advertising of dale! programs and will NOT create your own banners or advertising text without prior approval. Violation of this can result in forfeiture of your commissions.
You may post as many links to the Campaign URLs as you like on your site. The position, prominence and nature of links on your site shall comply with any requirements specified in this Agreement, but otherwise will be at your discretion.
Some advertiser links may allow you to leave Dalenetwork.com. Please understand that we do not always control these links. Consequently, we cannot control, and are not responsible for, the contents of any such linked site.
Disclaimers
Although dale! strives to provide the highest quality advertising for affiliates, we cannot guarantee that files available for downloading from this site will be free of infections, viruses, or other contaminating properties. You assume the risk for your use of this Site and the Internet. We do not make any express or implied warranties, representations, or endorsements whatsoever with regard to this website, any merchandise, information or service provided by this site or on the internet generally, and we shall not, under any circumstance, be liable for any cost or damage arising either directly or indirectly from any such transaction. We provide this website and its contents to you on an “as is” basis. You are responsible for evaluating the accuracy, completeness, and usefulness of all information, service, opinion, or product provided on this site.
In addition, the documents, graphics, and related items published on this site may include inaccuracies or typos. We make changes from time to time to the information herein. We and/or our respective suppliers may make improvements and changes in the product(s) or the program(s) described herein at any time.II. Commissions We will pay you commissions on unique clicks, actions and registrations to third parties. For a click to generate a commission, the customer must follow a Campaign URLs (in the format specified by dale!) from your site to a dale! Advertiser. For an action or registration to generate a commission, the customer must follow a Campaign URLs (in the format specified by Dalenetwork.com) from your site to a Dalenetwork.com Advertiser and perform a required action; including, but not limited to, completing a registration with valid, accurate and verifiable information.
Commission payment is made approximately 30 days after the end of the month and after receiving payment from the Advertiser.
Delinquent Advertiser payments received by dale! will be credited to the Affiliate in the month they are received. In the event that an Advertiser does not pay dale!, we will make every reasonable effort to collect monies due, but do not guarantee payment to any Affiliate for uncollected amounts.
Affiliate must accumulate a minimum of $50.00 in their account for commission payment to be issued. Otherwise, payment will not be made until the $50.00 minimum payment threshold has been satisfied.
International Affiliates (affiliates outside of the United States) agree to accumulate a minimum of $100.00 in their account to receive payment.III. Fraud dale! has zero tolerance on fraud.
We utilize state-of-the-art fraud detection mechanisms to actively monitor traffic for fraud. If we detect any fraudulent activity whatsoever, your affiliate account will be set inactive pending further investigation. It is the OBLIGATION of the Affiliate to prove to Optin that they are NOT committing fraud. Optin will hold your payment in "Pending Status" until you have satisfactorily provided evidence that you are not defrauding the system
Some examples of fraudulent activity include (but are not limited to) the following:
Have click-through rates that are much higher than industry averages and where solid justification is not evident to the reasonable satisfaction of dale!;
Have ONLY click programs generating clicks with no indication by site traffic that it can sustain the clicks reported;
Have shown fraudulent leads generated from fake redirects and/or automated software as determined by the Advertisers.
If it is determined that you have fraudulently created clicks or leads or inflated clicks or leads by fraudulent methods of traffic generation (as determined solely by dale!, using any form or method not approved by dale!), you will forfeit your entire commission for all programs and your account will be terminated. If, after being notified, you fail to take action to stop fraudulent activity on your site(s), you shall be responsible for all costs and legal fees arising from these fraudulent activities. In addition, in the event that you have already received payment for fraudulent activities, dale! reserves the right to withhold future earnings or demand repayment.
dale! reserves sole judgment in determining fraud. Furthermore, dale! reserves the right to terminate any Affiliate contract for any reason whatsoever. Termination notice will be provided via e-mail and will be effective immediately.IV. GeneralViolation of any of the foregoing agreements may result in, among other things, the immediate termination of this Agreement and/or the commencement of an action by dale! against you seeking, without limitation, injunctive relief and/or recovery of actual, statutory and/or punitive damages.
Indemnification
As an affiliate, you promise and agree to indemnify and hold harmless dale! against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation and all other claims resulting from your Affiliate site, pages or actions.
These Terms of Service are for your benefit as well as our benefit and our officers, directors, employees, shareholders, agents, licensors, suppliers, and any third party information providers to the site.
Our Liability is Limited
We shall not be liable, under any circumstances, for any indirect, special, exemplary, or consequential damages that result from the use of, or your inability to use, the Site, the Site materials, or the Site software, even if we have been advised of the possibility of such damages.
You guarantee that all content, products, and services on your website are legal to distribute and that you own or have the legal right to use any and all copyrighted material.dale! gives no warranty, express or implied, for any and all services and products provided, including, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service by dale! or its service providers.
You agree to settle any dispute under this agreement under the laws of the State of California, USA.
If any provision of this agreement shall be made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected.
If you have any questions regarding this agreement, email us at: [email protected]
