Dominitech's Terms of Service for its CPC Affiliate Program managed by ClixGalore

The following are the terms and conditions of participating in the Dominitech CPC Affiliate Program via ClixGalore. "Affiliate" refers to yourself, and Dominitech; refers to us.

Dominitech reserves the right to modify this agreement as needed from time to time. Dominitech recommends that you return periodically so that you are aware of any such changes or amendments.

1.0 SPAM

1.1 Affiliate agrees to not utilize SPAM in promoting Dominitech. This action may result in the immediate suspension or termination of your account with a cancellation of any pending commissions. Affiliate will also be in violation of the Affiliate Agreement and subject to legal action and be held liable for financial losses incurred by Dominitech. Any service interruptions as a result of your spamming will be billed to you at $200.00 per hour until service is restored.

1.2 What is Spam? Spam is emailing ANYONE, in bulk or by single mailing, about Dominitech, who has not specifically requested the information directly from you. The ONLY exception to this is mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on your behalf. NOTE! Use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources will likely generate spam complaints against you resulting in suspension or termination.

1.3 Dominitech also considers ANY type of advertisement about Dominitech posted to a Newsgroup or Chat Room to be spam. Any of these complaints against you will also result in suspension or termination.

1.4 Dominitech does not necessarily agree with the harsh interpretation of what constitutes SPAM. Right now the Internet is in its infancy; as it matures and e-commerce expands, the spam issue will likely change drastically, perhaps even eventually fading away completely. However, until then, we must abide by current Internet rules and regulations. In order to maintain our image and protect the incomes of our affiliates, we must adhere to the strictest interpretation of SPAM. Dominitech affiliates who follow the rules have nothing to be concerned about.

 


2.0 Traffic

2.1 Dominitech ONLY credits affiliates for traffic coming from the United States.  We do however disregard your website's origin and accept would accept your application no matter where your server is located.

2.2 Dominitech credits the affiliate for valid click-thrus on our creative units.

2.3 Repetitive clicks on our creative units are not acceptable.  

2.4 Affiliate understands that Dominitech cannot track users of the some of the creative units if the user does not accept cookies and therefore cannot cedit the affiliate for such users.


3.0 PAYMENTS & COMMISSIONS:

3.1 The Dominitech CPC program will pay you differing amounts based on the creative unit itself for click-thrus on our creative units noting that the traffic restrictions apply.

3.2 Dominitech reserves the right to modify the payout rates as long as notice is posted to the Website. All affiliates will undergo a 30 day trial period and may be terminated if traffic is not at quality levels.

3.3 Commission payments are distributed by ClixGalore.


4.0 FRAUDULENT ACTIVITY:

4.1 We are verifying all visits to Dominitech by checking IP addresses and cookies, which results in allowing only paid clicks for valid IP/Cookie combination. If we find that somebody is using any methods which will attempt to fool our system by modifying cookies or browser headers, autospawning of browsers, automatic redirecting of users, or any other technique of generating automated click- throughs we will terminate such account without warning and all unpaid money will be lost. If we notice that any affiliate is creating multiple accounts and after our warnings continues doing so by using different email addresses and different web sites, such account will be terminated and all unpaid money will be lost.

4.2 We have developed the most highly advanced anti-fraud software to date.  ClixGalore also tracks fraudulent activity.  If you are joining Dominitech affiliate program with the intent to fraudulently generate click throughs, please be advised that our software will report this activity to us. Fraudulent activity may result in non-payment, removal from the program, and legal action.

4.3 Automated and forced click throughs, Autosurfing, Incentive traffic, Autospawning of browsers, Automatic redirecting of users, or any other technique of generating automated click-throughs is strictly prohibited. It is also prohibited to require users to click on the advertiser's banner before entering any area of your website.

4.4 Cancellation. We reserve the right to cancel member status at any time effective immediately!

4.5 Case of dispute. You agree to settle any dispute under this agreement via binding arbitration in New York City, New York USA


5.0 OTHER:

5.1 All Affiliates are NOT employees of Dominitech and are responsible for their own local, state, or country taxes.

5.2 All Affiliate applications are subject to approval by Dominitech .

5.3 Both Dominitech and the Affiliate reserve the right to terminate this agreement at any time. If canceled, outstanding commissions at time of cancellation shall be paid in the next payment so long as the rules of this agreement were not violated by the Affiliate. If your account is labeled as fraud you will not get your commissions due. Send us quality traffic and there will be no problems. No incentive traffic is allowed.

5.4 Affiliate Creative Units: You will be issued creative units which allows Dominitech to identify visitors from your site as originating from you. These visitors are tracked with an unique ID and clicks are recorded to your affiliate account. To receive commissions, you must use the provided creative units.

5.5 Dominitech has the right to refuse payment to anyone who cannot verify traffic! You may be asked to produce logs or stats to show where you get the traffic you send us. Only one account per person and account holder must be the owner of the domain.

5.6 The Dominitech creative units CANNOT be altered outside of our allowances, if you alter the creative unit without regard to our rules you can be terminated at any time without notice.

5.7 Terms Of Agreement: This agreement remains in affect until cancelled by either party.

5.8 Dominitech is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service.

5.9 Privacy: To protect Dominitech customer privacy, Dominitech reserves the right to withhold identifying customer names and contact information to you.

5.10 Independent Contractor: The relationship between Dominitech and Affiliate established by this Agreement is that of independent contractors. Dominitech and Affiliate shall each conduct its respective business at its own initiative, responsibility and expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein. Term "Affiliate" shall not be interpreted as a legal partner or affiliate, simply as an independent contractor for Dominitech under this agreement.

5.11 Limitation of Damages: Dominitech shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if Dominitech has been advised of the possibility of such damages. Dominitech aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by Dominitech under this agreement.

5.12 Affiliate understands that Affiliate tracking can never be 100% accurate and Dominitech is not responsible for inaccuracies that might occur beyond its control. Tracking of Affiliate sales depend on several factors, technical and otherwise, which are out of the control of Dominitech. It is the goal of Dominitech to make Affiliate tracking as accurate as possible, however, Dominitech cannot guarantee 100% tracking for situations beyond its control.

5.13 Warranty Disclaimer: Dominitech makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this agreement.

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