OvniLAB/ Dreamland Affiliate Program Operating Agreement
contains the terms and conditions to apply to an
individual's or an entity's participation in the OvniLAB Affiliate
Program (the "program"). As used in this Agreement, "we",
"us" or "our" refers to OvniLAB corporation, "you"
or "your" refer to the applicant, "Participant"
shall mean an applicant which has been approved to be a participant
with the Affiliate Program," sponsoring web site" refers
to the World Wide Web site from which you will link to OvniLAB, "product"
refers to any item listed for sale in the software.net Web site, and
all dollars ($) shall mean United States
1. Enrollment in the Affiliate Program:
To begin the enrollment process, you will submit this complete
OvniLAB Affiliate Program application via our site. We will evaluate
your application in good faith and will notify you of your acceptance
or rejection. We may reject your application if we determine (in our
sole discretion) that your site is unsuitable for the program. Unsuitable
web sites includes sites that:
Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age.
Promote unlawful activities or cultist activity of any kind.
Contain content that is threatening, defamatory, fraudulent,
Violate intellectual property rights If we reject your application,
are welcome to reapply to the Affiliate Program at any time.
2. Listing "The UFO Anthology Vol-1 CD-ROM" on Your Site:
Along with a graphic of The UFO Anthology Vol-1 CD-ROM, you will
display on your site a short description, review, or other reference.
The content, style and placement of these descriptions is entirely
up to you
and will also be entirely your responsibility. Using a specially formatted
link with a unique affiliate code, which we would provide to you,
you will provide a special link from The UFO Anthology Vol-1 CD-ROM
on your site to OvniLAB's secure order page.
3. Order Processing: We
will be responsible for processing every order placed by a customer
who utilizes the special link from your sponsoring web site to our
web site. Order forms, payment processing, shipping, cancellations,
returns, and related customer service will be our responsibility.
All of our rules,
operating procedures and policies regarding customer orders and accounts
will apply to orders we receive through the special link from your sponsoring
web site. We reserve the right to reject any order for any reason, including
any order that does not comply with our rules, operating procedures
and policies or that violates applicable law.
a. Tracking of Sales: We
will track sales made to customers who use the unique affiliate name
from your sponsoring web site. You will be solely responsible for ensuring
that your special link includes your unique affiliate name and is formatted
properly, a necessary prerequisite for us to track such sales. Statements
of referral product sales activity will be provided to you.
All statements after
30 days shall be deemed correct unless you give us notice of any error
prior to that date. We shall not be responsible for any errors you or
your customers make which result in any loss of any tracking information
contained in the special link. To protect our customers' privacy, the
names or other personal information about specific customers will not
be provided to you.
b. OvniLAB Policy Applies to All Orders:
Every customer who buys a product through this program is deemed to
be a customer of OvniLAB. You do not have the authority to make or accept
any offer of purchase on our behalf. All of our policies regarding customer
orders, including product availability, pricing and problem resolution,
will apply to these customers. We are not responsible for any representations
you make which conflict with our policies.
c. Product Prices and Availability:
The price charged for every product sold under this program will be
determined by us according to our own pricing policies. Product prices
may vary from time to time, including software publishers' price increases
and special discounts offered by us on products that may already be
listed by you.
You may not specify
product prices in your descriptions, and our policies will always determine
the price paid by the customer. Product availability changes frequently,
and we will endeavor to present our best available information regarding
product availability. We cannot guarantee the availability or price
of any product.
4. Referral Fees: We will
pay the owner of the sponsoring web site 5% of the Gross Sale for each
physical product that was initiated as a direct referral using the appropriate
special link, including the unique affiliate code, from the sponsoring
However, no amount
shall be due for copies of software returned to us for refund in accordance
with the software publishers End-User License. Gross Sale is defined
as moneys collected from the sales of products less returns. However,
no part of the referral fees will be based on shipping, handling, or
sales tax charges.
a. Referral Fee Payment: We
will send you a referral fee check for the applicable referral fee and
a statement of customer purchase activity approximately 45 days after
the end of each calendar quarter. Amounts less than $75.00 will be held
until the calendar quarter in which the referral fee due exceeds $75.00,
or until this agreement is canceled.
b. Returns and Cancellations: If
a referral fee product is later returned by the customer, its referral
fee will be deducted from the next quarterly payment sent to you. If
there is no next quarterly payment, you will be billed for this amount
which is owed to us.
5. Responsibility for Your Site:
a. You will
be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on your site.
For example, you will be solely responsible for:
the technical operation of your site and all related equipment.
creating and posting product descriptions on your site and linking
those descriptions to our web site.
the accuracy and appropriateness of materials posted on your
(including, among other things, all product related materials)
ensuring that materials posted on your site (except for the required
logo under section 7(a), below) do not violate or infringe upon the
rights of any third party (including, for example, copyrights, trademarks,
privacy, or other personal or proprietary rights)
ensuring that materials posted on your site are not libelous
b. We disclaim all liability for these matters. Further, you
will indemnify and hold us harmless from all claims, damages, and expenses
(including, without limitation, attorneys' fees) relating to the development,
operation, maintenance, and contents of your site.
c. You agree to display a "OvniLAB Affilite" logo on
the sponsoring site homepage or other prominent location.
6. Use of special links to OvniLAB:
Using a specially formatted link, which includes a unique affiliate
name that we would provide to you, you will provide a special link to
the OvniLAB secure order page. You may add or delete links from your
sponsoring web site at any time without our approval.
a. You can
add or remove links at any time. You may select and link to
additional pages, or remove such links, at any time and without our
prior approval. However, YOU MUST use the correct special link format
with the unique affiliate code in order to receive proper credit for
7. Limited License: a.
You must display the "OvniLAB Affiliate" program
logo on your home page or other prominent area on your site, subject
to the license below.
b. We grant you a non-exclusive, revocable right to use the icon
other images for which we grant express permission, solely for the
purpose of identifying your site as a program Participant. You may not
modify the icon or any of our images in any way.
We reserve all of
our rights in the icon, any other images, our trade names, trademarks
and copyrights, and all other intellectual property rights. We may revoke
your license at any time by giving you written notice. You may not use
such icon and other images in such a way that would harm our image.
Upon cancellation or termination of this Agreement, you agree to cease
all use of such icon and other images.
8.Restrictions on Personal Use:
This program is intended for commercial use only, i.e., paying referral
fees for products sold to third parties who follow a special link from
your sponsoring web site. OvniLAB may, in its sole discretion, terminate
this agreement and/or withhold payment of referral fees if we find that
such personal use has occurred.
9. General Provisions:
a. Web Site Service Interruption: software.net will make every
effort to keep its web site operational. However, certain technical
difficulties may, from time to time, result in temporary service interruptions.
You agree not to hold us liable for any of the consequences of such
b. Term of the Agreement:
You may only receive referral fee payments for orders that are
properly placed during the term of this agreement. This term will begin
on the date that we notify you that you have been pre-approved as a
program Participant and shall end when canceled or terminated by either
party as provided below.
canceled or terminated, the agreement will be for 1 year and renewed
quarterly. Referral fees earned through the date of cancellation or
termination of this agreement will remain payable only if the products
are not returned or canceled from their orders. Payment of the final
referral fee payment to you may be withheld for a reasonable time in
order to ensure that the correct amount is paid.
c. Modifications: We may
modify any of the terms and conditions contained in this Agreement,
at any time and in our sole discretion, by posting a change notice or
a new agreement on our site. Modifications may include, for example,
changes in the scope of available referral fees, fee schedules, payment
procedures, and program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO
YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE
OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE
d. Cancellation of This Agreement:
Either party may choose to cancel or terminate this agreement at any
time and for any reason by written notice of cancellation or termination
to the other.
e. WARRANTY DISCLAIMER:
WE MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS WITH REGARD
TO THE PROGRAM OR ANY PRODUCTS SOLD THEREUNDER, WHETHER EXPRESS OR IMPLIED,
ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE
OF DEALING OR USAGE OF TRADE. IN ADDITION, WE MAKE NO REPRESENTATION
THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS
f. LIMITATION OF DAMAGES:
WE SHALL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER
OR WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM, EVEN IF WE WERE ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY
ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM SHALL
IN NO EVENT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE BY US TO
YOU UNDER THIS AGREEMENT.
g. Independent Contractors:
You are an independent contractor and nothing in this agreement is intended
to or will create any form of partnership, joint venture, agency, franchise,
sales representative or employment relationship with us.
h. Governing Law: This Agreement
shall be governed by and construed in accordance with the substantive
laws of the State of California, excluding its conflict of laws principles.
Any lawsuit relating to this Agreement must be brought in the federal
or state courts located in Burbank, California.
i. Headings: The titles
and headings of the various sections and paragraphs in this Agreement
are intended solely for convenience of reference and are not intended
for any other purpose whatsoever, or to explain, modify or place any
construction upon or on any of the provisions of this Agreements.
j. Assignment: You may not
assign this Agreement, by operation of law or otherwise, without our
prior written consent. Subject to that restriction, this Agreement will
be binding on, inure to the benefit of, and enforceable against the
parties and their respective successors and assigns.
k. Waiver: Our failure to
enforce your strict performance of any provision of this Agreement will
not constitute a waiver of our right to subsequently enforce such provision
or any other provision of this Agreement.
l. Free to Contract with Others:
You understand that we may at any time (directly or indirectly )
solicit customer referrals on terms that may differ from those contained
in this agreement or operate web sites that are similar to or compete
with your web site.
m. Independent Investigation:
You have independently evaluated the desirability of participating in
the program and are not relying on any representation, guarantee, or
statement other than as set forth in this agreement.
10.ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS: BY SUBMITTING THIS
APPLICATION AND CLICKING THE "I AGREE" BUTTON, YOU ACKNOWLEDGE
THAT YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY AND AGREE
TO ALL ITS TERMS AND CONDITIONS.
Affiliate Home Get Started