Terms of Use and Privacy Statement

DECOMOMO Affiliate
Program Agreement

FOREWORD

Our affiliates are very important to us. We do our best to treat you
with the fairness and respect you deserve. We simply ask the same consideration
of you. We have written the following affiliate agreement with you in mind, as
well as to protect our company's good name. So please bear with us as we take
you through this legal formality.

If you have any questions, please don't hesitate to let us know. We are
strong believers in straight-forward and honest communication. For quickest
results please email us at contact@decomomo.com. You can also reach
us via phone (647) 948-6680.



AFFILIATE AGREEMENT

PLEASE READ THE ENTIRE AGREEMENT.

YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DECOMOMO.

BY SUBMITTING THE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND
UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE
LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.


1. Overview

This Agreement contains the complete terms and conditions that apply to
you becoming an affiliate in DECOMOMO’s Affiliate Program. The purpose of this
Agreement is to allow HTML linking between your web site and the decomomo.com
site. Please note that throughout this Agreement, "we,"
"us," and "our" refer to DECOMOMO, and "you,"
"your," and "yours" refer to the affiliate.


2. Affiliate Obligations

2.1. To begin the enrollment process, you will complete and submit the
online application at the Affiliatly website. The fact that we auto-approve
applications does not imply that we may not re-evaluate your application at a
later time. We may reject your application at our sole discretion. We may
cancel your application if we determine that your site is unsuitable for our
Program, including if it:

2.1.1. Promotes sexually explicit materials

2.1.2. Promotes violence

2.1.3. Promotes discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age

2.1.4. Promotes illegal activities

2.1.5. Incorporates any materials which infringe or assist others to infringe
on any copyright, trademark or other intellectual property rights or to violate
the law

2.1.6. Includes "DECOMOMO" or variations or misspellings thereof in
its domain name

2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory,
obscene, harassing, or racially, ethnically or otherwise objectionable to us in
our sole discretion.

2.1.8. Contains software downloads that potentially enable diversions of
commission from other affiliates in our program.

2.1.9. You may not create or design your website or any other website that you
operate, explicitly or implied in a manner which resembles our website nor
design your website in a manner which leads customers to believe you are DECOMOMO
or any other affiliated business.

2.2. As a member of DECOMOMO’s Affiliate Program, you will have access
to your own Affiliatly Affiliate Account profile. Here you will be able to
review our Program’s details, download HTML code (that provides for links to
web pages within the decomomo.com web site) and banner creatives, browse and
get tracking codes for our coupons and deals. In order for us to accurately
keep track of all guest visits from your site to ours, you must use the HTML
code that we provide for each banner, text link, or other affiliate link we
provide you with.

2.3. DECOMOMO reserves the right, at any time, to review your placement
and approve the use of Your Links and require that you change the placement or
use to comply with the guidelines provided to you.

2.4. The maintenance and the updating of your site will be your
responsibility. We may monitor your site as we feel necessary to make sure that
it is up-to-date and to notify you of any changes that we feel should enhance
your performance.

2.5. It is entirely your responsibility to follow all applicable
intellectual property and other laws that pertain to your site. You must have
express permission to use any person's copyrighted material, whether it be a
writing, an image, or any other copyrightable work. We will not be responsible
(and you will be solely responsible) if you use another person's copyrighted
material or other intellectual property in violation of the law or any third
party rights.


3. DECOMOMO’s Rights and Obligations

3.1. We have the right to monitor your site at any time to determine if
you are following the terms and conditions of this Agreement. We may notify you
of any changes to your site that we feel should be made, or to make sure that
your links to our web site are appropriate and to notify further you of any
changes that we feel should be made. If you do not make the changes to your
site that we feel are necessary, we reserve the right to terminate your
participation in the DECOMOMO Affiliate Program.

3.2. DECOMOMO reserves the right to terminate this Agreement and your
participation in the DECOMOMO’s  Affiliate Program immediately and without
notice to you should you commit fraud in your use of the DECOMOMO Affiliate
Program or should you abuse this program in any way. If such fraud or abuse is
detected, DECOMOMO shall not be liable to you for any commissions for such
fraudulent sales.

3.3. This Agreement will begin upon our acceptance of your Affiliate
application, and will continue unless terminated hereunder.


4. Termination

Either you or we may end this Agreement AT ANY TIME, with or without
cause, by giving the other party written notice. Written notice can be in the
form of mail, email or fax. In addition, this Agreement will terminate
immediately upon any breach of this Agreement by you.


5. Modification

We may modify any of the terms and conditions in this Agreement at any
time at our sole discretion. In such event, you will be notified by email.
Modifications may include, but are not limited to, changes in the payment procedures
and DECOMOMO Affiliate Program rules. If any modification is unacceptable to
you, your only option is to end this Agreement. Your continued participation in
DECOMOMO’s Affiliate Program following the posting of the change notice or new
Agreement on our site will indicate your agreement to the changes.

 

 


6. Payment

DECOMOMO uses a third party to handle all of the tracking and payment.
This may include Pyapal, Payoneer, SWIFT email transfer, etc.


7. Access to Affiliate Account
Interface

You will create a password so that you may enter Affiliatly’s secure
affiliate account interface. From their site you will be able to receive your
reports that will describe our calculation of the commissions due to you.


8. Promotion Restrictions

8.1. You are free to promote your own web sites, but naturally any
promotion that mentions DECOMOMO  could
be perceived by the public or the press as a joint effort. You should know that
certain forms of advertising are always prohibited by DECOMOMO. For example,
advertising commonly referred to as "spamming" is unacceptable to us
and could cause damage to our name. Other generally prohibited forms of
advertising include the use of unsolicited commercial email (UCE), postings to
non-commercial newsgroups and cross-posting to multiple newsgroups at once. In
addition, you may not advertise in any way that effectively conceals or
misrepresents your identity, your domain name, or your return email address.
You may use mailings to customers to promote DECOMOMO so long as the recipient
is already a customer or subscriber of your services or web site, and
recipients have the option to remove themselves from future mailings. Also, you
may post to newsgroups to promote DECOMOMO so long as the news group
specifically welcomes commercial messages. At all times, you must clearly
represent yourself and your web sites as independent from DECOMOMO. If it comes
to our attention that you are spamming, we will consider that cause for
immediate termination of this Agreement and your participation in the DECOMOMO
Affiliate Program. Any pending balances owed to you will not be paid if your
account is terminated due to such unacceptable advertising or solicitation.

8.2. Affiliate shall not transmit any so-called “interstitials,”
“Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,”
“Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive
pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a
qualifying link until such time as the consumer has fully exited DECOMOMO’s
site (i.e., no page from our site or any DECOMOMO’s content or branding is
visible on the end-user’s screen). As used herein a. “Parasiteware™” and
“Parasitic Marketing” shall mean an application that (a) through accidental or
direct intent causes the overwriting of affiliate and non affiliate commission
tracking cookies through any other means than a customer initiated click on a
qualifying link on a web page or email; (b) intercepts searches to redirect
traffic through an installed software, thereby causing, pop ups, commission
tracking cookies to be put in place or other commission tracking cookies to be
overwritten where a user would under normal circumstances have arrived at the
same destination through the results given by the search (search engines being,
but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar
search or directory engines); (c) set commission tracking cookies through
loading of DECOMOMO site in . s, hidden links and automatic pop ups that
open DECOMOMO’s site; (d) targets text on web sites, other than those web sites
100% owned by the application owner, for the purpose of contextual marketing;
(e) removes, replaces or blocks the visibility of Affiliate banners with any
other banners, other than those that are on web sites 100% owned by the owner
of the application.


9. Grant of Licenses

9.1. We grant to you a non-exclusive, non-transferable, revocable right
to (i) access our site through HTML links solely in accordance with the terms
of this Agreement and (ii) solely in connection with such links, to use our
logos, trade names, trademarks, and similar identifying material (collectively,
the "Licensed Materials") that we provide to you or authorize for
such purpose. You are only entitled to use the Licensed Materials to the extent
that you are a member in good standing of DECOMOMO’s Affiliate Program. You
agree that all uses of the Licensed Materials will be on behalf DECOMOMO and
the good will associated therewith will inure to the sole benefit of DECOMOMO.

9.2. Each party agrees not to use the other's proprietary materials in
any manner that is disparaging, misleading, obscene or that otherwise portrays
the party in a negative light. Each party reserves all of its respective rights
in the proprietary materials covered by this license. Other than the license
granted in this Agreement, each party retains all right, title, and interest to
its respective rights and no right, title, or interest is transferred to the
other.


10. Disclaimer

DECOMOMO MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
REGARDING DECOMOMO WEB SITE OR THE PRODUCTS PROVIDED THEREIN, ANY IMPLIED
WARRANTIES of DECOMOMO’s ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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 OR ERRORS.


11. Representations and Warranties

You represent and warrant that:

11.1. This Agreement has been duly and validly executed and delivered by
you and constitutes your legal, valid, and binding obligation, enforceable
against you in accordance with its terms;

11.2. You have the full right, power, and authority to enter into and be
bound by the terms and conditions of this Agreement and to perform your
obligations under this Agreement, without the approval or consent of any other
party;

11.3. You have sufficient right, title, and interest in and to the
rights granted to us in this Agreement.


12. Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL
OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL
OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL DECOMOMO’s CUMULATIVE LIABILITY
TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT,
NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED
THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.


13. Indemnification

You hereby agree to indemnify and hold harmless DECOMOMO, and its
subsidiaries and affiliates, and their directors, officers, employees, agents,
shareholders, partners, members, and other owners, against any and all claims,
actions, demands, liabilities, losses, damages, judgments, settlements, costs,
and expenses (including reasonable attorneys' fees) (any or all of the
foregoing hereinafter referred to as "Losses") insofar as such Losses
(or actions in respect thereof) arise out of or are based on (i) any claim that
our use of the affiliate trademarks infringes on any trademark, trade name,
service mark, copyright, license, intellectual property, or other proprietary
right of any third party, (ii) any misrepresentation of a representation or
warranty or breach of a covenant and agreement made by you herein, or (iii) any
claim related to your site, including, without limitation, content therein not
attributable to us.

 


14. Confidentiality

All confidential information, including, but not limited to, any business,
technical, financial, and customer information, disclosed by one party to the
other during negotiation or the effective term of this Agreement which is
marked "Confidential," will remain the sole property of the
disclosing party, and each party will keep in confidence and not use or
disclose such proprietary information of the other party without express
written permission of the disclosing party.


15. Miscellaneous

15.1. You agree that you are an independent contractor, and nothing in
this Agreement will create any partnership, joint venture, agency, franchise,
sales representative, or employment relationship between you and DECOMOMO. You
will have no authority to make or accept any offers or representations on our
behalf. You will not make any statement, whether on Your Site or any other of
Your Site or otherwise, that reasonably would contradict anything in this
Section.

15.2. Neither party may assign its rights or obligations under this
Agreement to any party, except to a party who obtains all or substantially all
of the business or assets of a third party. 15.3. You may not amend or waive any provision of this Agreement unless
in writing and signed by both parties.

15.4. This Agreement represents the entire agreement between us and you,
and shall supersede all prior agreements and communications of the parties,
oral or written.

15.5. The headings and titles contained in this Agreement are included
for convenience only, and shall not limit or otherwise affect the terms of this
Agreement.

15.6. If any provision of this Agreement is held to be invalid or
unenforceable, that provision shall be eliminated or limited to the minimum
extent necessary such that the intent of the parties is effectuated, and the
remainder of this agreement shall have full force and effect.