Affiliate Agreement for DIYStyle

We are excited that you want to become an affiliate “Creative Chic”!! Our team of affiliates are truly a part of our family, and we will do our utmost to treat each and every one of you with kindness, fairness, and respect. And of course, we ask the same in return. We have compiled this affiliate agreement with you at the forefront, and to protect our DIYStyle brand.

So, thank you in advance for taking the time to read and digest this legalese. Adhering to these standards will help us to
work together successfully! If you have any questions, please do not hesitate to contact us. We appreciate all straight-forward and honest communication. For quickest results email us at [email protected] Attn: Affiliates in the subject line.

The DIYStyle team is thrilled to build our Creative Chics affiliate family, and we welcome you to the tribe!

Allyce King, Cindy Cummins
Ann Regal

DIYStyle

Affiliate Agreement

PLEASE READ THIS ENTIRE AGREEMENT. YOU MAY WANT TO PRINT THIS AGREEMENT FOR YOUR RECORDS.

IMPORTANT! THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CREATIVE CHICS STUDIO, LLC (DBA, DIYStyle).

BY SUBMITTING YOUR APPLICATION ONLINE, 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 DIYStyleShop.com’s
Affiliate Program. The purpose of this agreement is to allow HTML linking
between your website and the DIYStyleShop.com website. And to establish
parameters for affiliate promotion on Social Media channels. Please note
throughout this Agreement, “we” “us” and “our” refers to DIYStyleShop.com, 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 on DIYStyleShop.com, through our affiliate platform at
Refersion.com. The fact that we auto-approve applications does not imply that
we may not evaluate your application now or at a later time. We may reject your
application at our sole discretion. We may cancel your application if we
determine that your site, or social media page/group/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 “DIYStyle” or variations or
misspellings thereof in its domain name, or social media page/group/site

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 leads customers to believe you are DIYStyle or DIYStyleShop.com,
or any other affiliated business. This also pertains to your social media
page/group/site.

2.2  

As a member of DIYStyleShop.com’s Affiliate Program, you will have access to the
Affiliate Account Manager in Reversion.com. Here you will find your account
with dashboard, and be able to review our affiliate program details, download
HTML code (that provides for links to web pages within the DIYStyleShop.com
website) and banners, browse and get tracking codes for our coupons and deals.
In order for us to accurately keep track of all guest visits from your web and
social media sites to ours, you must use the HTML code that we provide for each
text link, banner, coupon, or affiliate link we provide you with.

2.3 
DIYStyleShop.com 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, comply with the
guidelines provided to you. This pertains to both your website and social media
page/group/site.

2.4  The
maintenance and the updating of your site will be your responsibility. We may
monitor your website and social media page/group/site as we feel necessary to
make sure it is up-to-date with current affiliate links and product offers, and
to notify you of any changes that we feel will enhance 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.     DIYStyleShop.com 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
website are appropriate, and to notify you further 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
DIYStyleShop.com Affiliate Program.

3.2 DIYStyleShop.com
reserves the right to terminate the Agreement and your participation in the
DIYStyleShop.com Affiliate Program immediately and without notice to you should
you commit fraud in your use of the DIYStyleShop.com Affiliate Program or
should you abuse this program in any way. If such fraud or abuse is detected,
DIYStyleShop.com 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
DIYStyleShop.com’s Affiliate Program rules. If any modification is unacceptable
to you, your only option is to end this Agreement. Your continued participation
in DIYStyleShop.com’s Affiliate Program following the posting of a change
notice or new Agreement to our site will indicate your agreement to the
changes.

6.     Payment

DIYStyleShop.com
uses a third party to handle all the tracking and payment. The third party is
Refersion.com affiliate network. Kindly review the network’s payment terms and
conditions.

7.     Access to Affiliate Account Interface

You will create a
password so that you may enter Refersion’s secure affiliate account interface
and     dashboard. From their site, and
this dashboard 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 on your own website, and social media sites/pages/groups,
but naturally any promotion that mentions DIYStyleShop.com 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 DIYStyleShop.com. 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, 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 consumers to promote DIYStyleShop.com so long as the recipient is already a
customer or subscriber of your services or website, and recipients have the
option to remove themselves from future mailings. Also, you may promote to
newsgroups to promote DIYStyleShop.com so long as the newsgroup specifically
allows commercial messages. At all times, you must represent yourself and your
websites as independent from DIYStyleShop.com, and that you are acting as an
affiliate. 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 DIYStyleShop.com 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  Affiliates
that among other keywords or exclusively bid in their Pay-Per-Click campaigns
on keywords such as diystyleshop.com, DIYStyle, diystyleshop, www.diystyleshop,
www.diystyleshop.com,
and/or any misspellings, or similar alterations of these—be it separately or in
combination with other keywords—and do not direct the traffic from such
campaigns to their own website prior to re-directing to ours, will be
considered trademark violators, and will be banned from DIYStyleShop’s
Affiliate Program. We will do everything possible to contact the affiliate prior
to the ban. However, we reserve the right to expel any trademark violator from
our affiliate program without prior notice, and on the first occurrence of such
PPC bidding behavior.

8.3  Affiliates
are not prohibited from keying in prospect’s information into the lead form as
long as the prospects’ information is real and true, and these are valid leads
(i.e.  sincerely interested in
DIYStyleShop’s service).

8.4  Affiliate
shall not transmit any so-called 
“interstitials”, “Parasite ware”, “Parasite 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
DIYStyleShop’s site (i.e., no page from our site or any DIYStyleShop.com’s
content or branding is visible on the end-user’s screen). As used herein a “Parasite
ware” 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, email, or social
media site/page/group; (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, and similar search or directory engines; (c) set
commission tracking cookies through loading of DIYStyleShop.com in Iframes,
hidden links and automatic pop-up’s that open DIYStyleShop.com’s site; (d)
targets text on websites, other than those websites 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 websites 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 DIYStyleShop.com’s Affiliate Program. You agree that
all uses of the Licensed Materials will be on behalf of DIYStyleShop.com and
the good associated therewith will inure to the sole benefit of
DIYStyleShop.com.

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



DIYSTYLESHOP.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
REGARDING DIYSTYLESHOP.COM SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES
PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF DIYSTYLESHOP.COM 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 approval or consent of any other party;

11.3

You have sufficient right, title, and interest in 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 DIYSTYLESHOP.COM’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 DIYStyleShop.com, 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, judgements, settlements, costs, and
expenses (including reasonable attorney’s 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 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 DIYStyleShop.com. 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       
This Agreement shall be governed by
and interpreted in accordance with the laws of the State of Missouri, without
regard to the conflicts of laws and principles thereof.

15.4       
You may not amend or waive any
provision of this Agreement unless in writing and signed by both parties

15.5       
This Agreement represents the entire
agreement between us and you, and shall supersede all prior agreements and
communications of the parties, oral or written

15.6       
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.

15.7       
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.

Version 8.20.18