Welcome to the Digital Mom Team "Terms of Service"
also known as "Policies and Procedures". This Agreement
sets forth the terms and conditions under which Digital Mom
Team makes the Digital E-Store available to you. By hosting
a Digital Mom Team E-store you expressly agree to be bound
by and follow all terms and conditions set forth in this Agreement.
If you do not agree to be bound by this Agreement, your sole
recourse is not to participate in the program.
Digital Mom Team reserves the right to add, delete and/or
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 the Digital Mom Team Web Site.
In the event of substantive changes to the terms of this Agreement,
you may be notified by email. If any modification is unacceptable
to you, your only recourse is to terminate this Agreement
and your participation in our program. Your continued participation
in the program following posting of a change notice or new
agreement on the Digital Mom Team Web Site will constitute
binding acceptance of the changes.
1. General Rules
1.1 The Digital Mom Team Terms of Service and the Digital
Mom Team Privacy Policy are incorporated herein by this reference.
As a member you will continue to be bound by the Digital Mom
Team Terms of Service and the Digital Mom Team Privacy Policy.
For purposes of clarity, the program is deemed part of the
"Digital Mom Team Services," and all initially-capitalized
terms not defined in this Agreement shall have the meaning
set forth for such term in the Terms of Service and/or the
Privacy Policy, and any disputes you may have resulting from
your participation in the program will be subject to confidential
binding arbitration in accordance with Section 12 of the Terms
of Service. In the event of an inconsistency between this
Agreement and the Digital Mom Team Terms of Service this Agreement
shall control.
2. Becoming a Digital Mom Team participant
2.1 Eligibility. Digital Mom Team will only knowingly provide
the E-store hosted program to parties that can lawfully enter
into and form contracts under applicable law. .
2.2 Opening an Account. To become an Participant and have
the right to participate in our program, you must enroll in
our program by opening an account ("Account") with
Digital Mom Team through its online registration process.
2.3 Contact Information. You must provide Digital Mom Team
with accurate and complete contact and payment information
when you open an Account. You must immediately notify Digital
Mom Team if any of your contact or payment information changes.
If you do not provide Digital Mom Team with complete, accurate,
and updated contact information, you may not be eligible to
receive commissions based on your participation in the program.
2.4 Account Security. You will need to select a password
if you open an Account. You will be solely and exclusively
responsible for keeping your password confidential and all
use of your password and Account, including, without limitation,
any use by any third party. You must notify Digital Mom Team
immediately if you believe your password has been or may be
obtained or used by any unauthorized person or entity. In
addition, you must notify Digital Mom Team immediately if
you become aware of any other breach or attempted breach of
the security of your Account or the Digital Mom Team Service.
3. Your Obligations
3.1 You must use the Digital Mom Team Program in a manner
that demonstrates common sense and respect for the rights
of Digital Mom Team and third parties. You must comply with
guidelines and any other applicable guidelines set forth in
the Digital Mom Team Content Usage Policy.
3.2 Special Links. As a member of the program, Digital Mom
Team will provide you with special "tagged" link
formats ("Special Link(s)") to be used in linking
to the Digital Mom Team Web Site. The Special Links will permit
tracking. You must ensure that each of these links properly
utilize the Special Link formats. You will only earn commissions
on activities occurring on the Digital Mom Team Web Site if
such activity was originated from properly formatted Special
Links. Digital Mom Team will not be liable to you for any
failure by you to use Special Links, including to the extent
that such failure may result in any reduction of amounts,
which may otherwise be paid to you pursuant to this Agreement.
3.3 Use of Special Links. Digital Mom Team will provide you
with the Special Links and graphical artwork to use in linking
to the Digital Mom Team Web Site. You must use the Special
Links in accordance with the terms and conditions in this
Agreement. The Special Links will include, without limitation,
one or more of the following types of links to the Digital
Mom Team Web Site:
(a) Banner Links
(b) General Link To Digital Mom Team Home Page
3.4 Spam. Digital Mom Team does not tolerate spam. If complaints
arise pursuant to a participant sending unwarranted spam Digital
Mom Team reserves the right to cancel the users subscription
and any further commissions said subscriber was to receive.
Digital Mom Team will give one warning in regards to spamming
delivered via email to the email address on file.
What you are purchasing and Payments
4.0 Purchasing. As a participant you are purchasing a hosted
e-store solution. Utilizing your special links for your customers
will allow you as a participant to (a) sell downloadable goods
and (b) sign up new affiliates. Digital Mom Team keeps no
commissions on the downloadable goods in which you sell. Digital
Mom Team will provide you as a participant $5 per month for
each active member in which you refer.
4.1 Payment on sold goods. Purchases from your e-store will
be made using the Paypal processing and will be processed
by Paypal. Digital Mom Team makes no warranties for the service
in which they provide. Payment should be processed from them
at the time of purchase.
4.2 Payments for Referrals. Payments made for referring subscribers
to the Digital Mom Team hosting program will be made by the
15th of the month for the month prior to the Paypal account
on file. The amount of the payment will be in increments of
$5 for each active member referred.
4.3 Payment Processing. Payments from both sales from the
e-store and active referral members will be made to your Paypal
account on file. The total payment sent to Paypal will be
for the full amount as specified above. Any Paypal fee's are
the responsibility of the subscriber (you).
5. Indemnification.
As you are bound by the Terms of Service in using the program,
you must indemnify, defend and hold Digital Mom Team harmless
for any claim arising out of, relating to, or connected with
your alleged breach of the Terms of Service. You must also
indemnify, defend, and hold Digital Mom Team harmless based
on any claim alleging facts that, if true, would constitute
a breach of this Agreement. You also agree that covered claims
under this indemnity obligation shall include, without limitation
(a) any claim that Digital Mom Team's use of any images provided
via your web site or web space infringes on any trademark,
trade name, service mark, copyright, license, intellectual
property, or other proprietary right of any third party; and/or
(b)any claim related to your web site, including, without
limitation, content therein not attributable to Digital Mom
Team. Digital Mom Team may withhold any Commissions that it
owes you if you have to indemnify Digital Mom Team.
6. Term and Termination.
6.1 Term. The term of this Agreement will begin upon Digital
Mom Team's acceptance of your Affiliate Program application
and will end when terminated by either party.
6.2 Digital Mom Team Termination. In its sole discretion,
with or without notice to you, Digital Mom Team may terminate
your participation in the program and terminate your account
if Digital Mom Team determines, in its sole discretion, that
you are abusing the system, the Digital Mom Team Service,
Digital Mom Team may (without limiting any other rights or
remedies available to it) withdraw your participation.
6.3 Your Termination. You may terminate your Account for
any reason at any time by visiting the "Close Account"
page within the members area (Your Account > Account Login
Info > Close Account).