As an authorized affiliate (Affiliate) of TheDuchy.com, hereafter referred to as “TheDuchy”, you agree to abide by the terms and conditions contained in this Agreement (Agreement). These terms and conditions limit your legal rights and may be changed by us at any time with or without notice. Please read the entire Agreement carefully before registering and promoting TheDuchy as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on memberships purchased by individuals referred by you to TheDuchy.
By signing up for the TheDuchy’s Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You have no legal recourse against us for the rejection of your Affiliate Program Application.
Commissions
Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 37 days.
You cannot refer yourself, and you will not receive a commission on your own accounts.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
Termination
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. TheDuchy reserves the right to require license agreements from those who employ trademarks of TheDuchy in order to protect our intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with TheDuchy, however, is acceptable.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, TheDuchy reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
Affiliate Links
You may use graphic and text links on your website, social media and within your email messages. You may also advertise the TheDuchy.com in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in the Termination section.
If you’re posting publicly, remember that most sites now require you to be transparent about any financial relationships. Be sure to include a short disclosure like: ‘I earn a small commission if you join through this link.’
Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
Liability
TheDuchy will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We make no expressed or implied warranties with respect to the Program and/or the memberships or products sold by TheDuchy. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account or TheDuchy’s Affiliate Program itself is terminated.
The terms and conditions of this agreement may be modified by us at any time without prior notice. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only recourse is to terminate your Affiliate account. Your continuing participation in the Program constitutes your acceptance of any change.
Indemnification
Affiliate shall indemnify and hold harmless TheDuchy, LLC, TheDuchy.com and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by TheDuchy to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the TheDuchy affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the TheDuchy application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.