Affiliate Agreement -
Terms, Conditions and Acceptable Use

In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate." The terms "we", "our", and "us" throughout this user agreement refers to the company Digital Media Covers, the company that has created the products.

Digital Media Covers will send payment via PayPal for the applicable commissions on or about the 1st of the month for the previous month's commissions when your balance exceeds the payout limit set in your account. If any order that generated a referral fee is cancelled by the customer, or if there are any returned checks or chargebacks, the amount will be deducted from the next monthly payment. If there is no subsequent payment, the Affiliate will be invoiced. Affiliates must be PayPal members in order to receive payment.

Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Digital Media Covers. Accordingly, all Digital Media Covers rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Digital Media Covers policies will always determine the price paid by the customer.

Digital Media Covers reserves the right NOT to accept any site into the Affiliate Program based on site content. All sites will be reviewed and sites on certain topics will not be permitted. Sites that do NOT qualify relate to any of the following topics, including, but not limited to:

    * Violate the privacy, publicity or personal rights of others.
    * Infringe on the intellectual property rights of others, i.e., copyrights, trademarks, trade secrets, plagarism, software piracy, patents, music,
       images, or other proprietary or property right. Materials that infringe on the intellectual property rights may not be distributed to others.
    * Include Defamatory or Abusive Language. Sites may not contain any material that is unlawful, harmful, fraudulent, abusive, vulgar, hateful,
       racial or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense,
       give rise to civil liability, or otherwise violate any applicable local, state, national or international law. Sites with defamatory, abusive or
       threatening language will be shut down.

Digital Media Covers has a zero tolerance policy for spam. Spam is defined as any unsolicited email whether commercial or non-commercial in nature. Spam includes, but is not limited to, the sending of ANY unsolicited information to a person or group that has not specifically asked to receive that particular information or is not a personal acquaintance of the individual sending the information. All Affiliates are expected to adhere to Digital Media Covers's no spam policy. Affiliates may promote Digital Media Covers to "opt-in" lists ONLY. If you run a newsletter, ezine, or other kind of bulk email service, you must have evidence that people signed up to receive email from you. Any and all spam complaints will be investigated thoroughly. If you spam, we WILL terminate your contract.

Any Affiliate that engages spam or in promoting prohibited products or services in connection with their site in any way shall have their affiliate contract terminated and could lose any or all affiliate commissions due to them. The site owner also shall be held liable for any and all damages and/or losses that may result as a consequence.

Digital Media Covers and the affiliate are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict this statement.

Digital Media Covers makes no warranties of any kind, whether express or implied, with respect to the affiliate program. Digital Media Covers is not be responsible for damages suffered by any customer, including incidental damages or lost profits. Digital Media Covers makes no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. All content in the Digital Media Covers software and affiliate program is provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

Additionally, Digital Media Covers in no way guarantees financial success through the affiliate program or that any users of the affiliate program or our products will make money in any amount. We are not offering you a guaranteed business opportunity of any sort.

This agreement between you and Digital Media Covers will be governed by and construed in accordance with the laws of the State of Texas (United States), without reference to its conflicts of laws principles. You agree that any litigation or arbitration between the parties will take place in Texas (United States), and consent to personal jurisdiction and venue in the State. If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.
Complete Understanding/Modification