Independent Affiliate Agreement
You must read and agree to these Terms and Conditions before you can become
an Independent Affiliate. By becoming an Independent Affiliate of BlogDumps.com
(all hereinafter "BlogDumps"), you agree to be bound by these Terms
and Conditions. This Agreement does not imply or create a partnership between
you and BlogDumps or the creators of BlogDumps.
1. "BlogDumps": BlogDumps.com, BlogDumpsVideo.com, BlogDumps.net
2. "Webmaster", "my" and "I": An independent person
or entity wishing to promote Blog Submission to BlogDumps.
3. "Independent Affiliate": An independent person or entity wishing
to promote Blog Submission to BlogDumps.
4. "Independent Contractor": A Independent Reseller/Webmaster/Affiliate
who is accepted by BlogDumps pursuant to the terms and conditions of this Agreement
and who shall be considered wholly independent of BlogDumps for tax and liability
5. "Independent Affiliate Agreement": The agreement between Webmaster
and BlogDumps, which shall not be construed or interpreted to create an agency,
partnership, joint venture, respondent-superior, employer-employee or any other
relationship other than defined in these Terms and Conditions.
Terms and Conditions
By completing the "New Affiliate Registration", you are agreeing
that you will follow the terms and conditions as an Independent Affiliate.
I. Webmaster Warranties, Guarantees and Representations.
Webmaster represents, warrants and guarantees as follows:
1. I am 18 years of age or over the age of majority in my jurisdiction and will
submit proof of my age if requested.
2. I am entering this Independent Affiliate Agreement as an Independent Contractor.
3. I am not a partner, agent, shareholder or in any business relationship with
BlogDumps other than that of an Independent Contractor and will make no representations
to any third party that contradict this fact.
4. I am solely responsible for selecting and providing any and all content,
material, products, and/or services for my marketing efforts to promote the
sites of BlogDumps.
5. The content, images, design, URL/Domain, text and domains where I promote
BlogDumps do not infringe on the rights of others including, but not limited
to, copyrights, patents, trademarks, domain names and any other intellectual
property rights of others.
6. I am authorized to execute this agreement on behalf of the Webmaster, if
Webmaster is a business entity.
7. I am solely responsible for the nature of the content that I provide on my
site, excluding that provided by BlogDumps for marketing purposes, that such
content is not considered obscene in the geographical areas in which my site
is promoted and that I shall defend and indemnify BlogDumps against any and
all criminal, civil or administrative claims arising from content on my site(s)
as further defined in this Agreement.
8. I am not using, supplying, publishing or transferring, in any way, programs,
files, data, viruses, worms, e-mail acquisition programs, "Trojan"
viruses or any other monitoring or destruction program on the pages I use to
promote Blog Submission to BlogDumps.
9. I will not provide, attempt to provide or represent to third parties that
I am a billing resource for BlogDumps.
10. I am solely responsible for obtaining hosting and creating my own site(s).
11. I will not post, share or transfer any Independent Affiliate ID assigned
to me under this Agreement.
12. I will not publish any material using BlogDumps or BlogDumps site names
other than that approved by BlogDumps or provided in the linking code and marketing
materials supplied by BlogDumps.
13. I will not send unsolicited emails known as SPAM in order to promote BlogDumps.
II. BlogDumps Obligations
BlogDumps shall be responsible for the following:
1. BlogDumps shall have the sole and independent discretion to accept or reject
Webmasters applying to become Independent Affiliates of BlogDumps sites.
2. If accepted as an Independent Affiliate, BlogDumps shall provide linking
codes, marketing materials and/or online statistics to Independent Affiliate.
3. BlogDumps shall grant Independent Affiliate a limited-use license to use
and display linking codes and marking materials for BlogDumps sites. The limited-use
license does not allow for any change, alteration, modification or other tampering
with the code, links or graphics supplied by BlogDumps.
4. BlogDumps shall provide Independent Affiliate with a commission for Blog
Submission sales made through links provided to Independent Affiliate upon acceptance
to this program. Said commission shall be paid from time-to-time as indicated
in the FAQ area of www.blogdumps.com/affiliates. Independent Affiliate acknowledges
that all payments for Blog Submissions are paid through BlogDumps's payment
5. BlogDumps will not, without prior consent and/or notification, redistribute
or share any information gathered during the new affiliate registration process.
Information gathered is for use solely by BlogDumps for the pruposes of paying
or notifying affiliates
III. BlogDumps Rights
1. BlogDumps shall have the right, but not the obligation, to terminate any Independent
Affiliate without notice, at the sole and absolute discretion of BlogDumps for the
a. By operation of law;
b. BlogDumps determines any site content used by Independent Affiliate is obscene;
c. BlogDumps determines or receives a complaint that an Independent Affiliate is infringing
upon the intellectual property rights of a third party;
d. BlogDumps determines that Independent Affiliate has not complied with these Terms
e. BlogDumps determines that Independent Affiliate is spamming or undertaking other
marketing efforts that are illegal or damage the brand name, reputation, goodwill
or image of BlogDumps sites;
f. BlogDumps determines that Independent Affiliate is abusing this program;
g. BlogDumps determines that Independent Affiliate is representing itself as
anything other than an Independent Contractor in relation to BlogDumps.
h. BlogDumps determines that Independent Affiliate is conducting itself in such
a manner as to damage the brand name, reputation, goodwill or image of BlogDumps
and BlogDumps sites.
IV. Joint Representations
BlogDumps and Webmaster/Independent Affiliate jointly agree as follows:
1. Nature of Relationship: Independent Affiliate is solely and only an independent
contractor of BlogDumps. NOTHING IN THIS INDEPENDENT AFFILIATE AGREEMENT SHALL
CONSTITUTE, BE INTERPRETED TO CONSTITUTE OR DETERMINED TO COMPRISE A PARTNERSHIP,
JOINT VENTURE, AGENCY,
RESPONDENT-SUPERIOR, EMPLOYER-EMPLOYEE, OR BROKER-DEALER RELATIONSHIP BETWEEN
BlogDumps AND INDEPENDENT RESELLER.
2. Termination: Either party may terminate this Independent Affiliate Agreement
at any time without notice. Should BlogDumps determine in its sole and absolute
discretion that Independent Affiliate has violated this Independent Affiliate
Agreement, all commissions then due to Independent Affiliate shall be forfeited.
3. Waiver: Failure of BlogDumps to require compliance with the terms of this
contract or act upon perceived breaches by Independent Affiliate, does not constitute
a waiver of the rights, claims and remedies available to BlogDumps.
4. Limitation of Liability: The parties agree that neither of them shall be
responsible to the other for compensatory, special, incidental or punitive damages
of any kind including, but not limited to, loss of business, loss of business
value, and loss profits.
5. Hold Harmless: Independent Affiliate shall indemnify and defend BlogDumps
for any claims arising from a site of Independent Affiliate unless BlogDumps
is claimed to have acted intentionally or with gross negligence.
9. Acceptance of Terms and Conditions: Webmaster/Independent Affiliate hereby
acknowledges that you have read this entire Independent Affiliate Agreement
and that by completing the "New Affiliate Registration", you are providing
your electronic signature agreeing to the terms and conditions stated herein.