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Digital Mom Team TOS ("Terms of Service")

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).

6.4 Effect of Termination. You can only earn Commissions during the term of the Agreement, and Commissions earned through the date of termination will remain payable only if the your account is currently paid full for the month. Digital Mom Team may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your web site, all links to the Digital Mom Team Web Site, product images from the Digital Mom Team database, all Digital Mom Team trademarks, trade dress and logos, all Special Links, and all other materials provided by or on behalf of Digital Mom Team to you pursuant hereto or in connection with the program.

 

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