Welcome to the Haihaisoft DRM-X Affiliate Agreement (Agreement). This Agreement sets forth the terms and conditions under which DRM-X.com makes the Affiliate Program available to you. By becoming a Haihaisoft DRM-X Affiliate you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, your sole recourse is not to participate in the Affiliate Program.
The ultimate goal of the Haihaisoft DRM-X affiliate program is your success. Our policies will help you meet this goal and ensure the effectiveness of your promotion.
DRM-X.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the DRM-X.com Web Site. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Affiliate Program. Your continued participation in the Affiliate Program following posting of a change notice or new agreement on the DRM-X.com Web Site will constitute binding acceptance of the changes.
1 General Rules
1.1 The DRM-X.com Terms of Service and the DRM-X.com Privacy Policy are incorporated herein by this reference. As an Affiliate you will continue to be bound by the DRM-X.com Terms of Service and the DRM-X.com Privacy Policy. For purposes of clarity, the Affiliate Program is deemed part of the "DRM-X.com Services," and all initially-capitalized terms not defined in this Agreement shall have the meaning set forth for such term in the Terms of Service and/or the Privacy Policy, and any disputes you may have resulting from your participation in the Affiliate Program will be subject to confidential binding arbitration in accordance with Section 12 of the Terms of Service. In the event of an inconsistency between this Agreement and the DRM-X.com Terms of Service this Agreement shall control.
2 Becoming a Haihaisoft DRM-X Affiliate
2.1 Eligibility.
DRM-X.com will only knowingly provide the Affiliate Program to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 16 years of age, you may participate in the Affiliate Program only under the supervision and consent of a parent or legal guardian who agrees to be bound by this Agreement. The Affiliate Program is not intended for children under the age of 16.
2.2 Opening an Account
To become an Affiliate and have the right to participate in the Affiliate Program, you must enroll in the Affiliate Program by opening an Affiliate account (Account) with DRM-X.com through its online registration process. Sign up now.
2.3 Contact Information
You must provide DRM-X.com with accurate and complete contact and payment information when you open an Account. You must immediately notify DRM-X.com if any of your contact or payment information changes. If you do not provide DRM-X.com with complete, accurate, and updated contact information, you may not be eligible to receive commissions based on your participation in the Affiliate Program.
2.4 Account Security
You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any third party. You must notify DRM-X.com immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify DRM-X.com immediately if you become aware of any other breach or attempted breach of the security of your Account or the DRM-X.com Service.
3 Your Obligations
3.1 You must use the Affiliate Program in a manner that demonstrates common sense and respect for the rights of DRM-X.com and third parties.
3.2 Referral Link
As a member of the Affiliate Program, DRM-X.com will provide you with Referral link to be used in linking to the DRM-X.com Web Site. The Referral Links will permit tracking, reporting, and commission calculations. You will only earn commissions on activities occurring on the DRM-X.com Web Site if such activity was originated from your Referral Links. DRM-X.com will not be liable to you for any failure by you to use Referral Links, including to the extent that such failure may result in any reduction of amounts, which may otherwise be paid to you pursuant to this Agreement.
3.3 Use of Referral Links
DRM-X.com will provide you with the Referral Links and graphical artwork to use in linking to the DRM-X.com Web Site. You must use the Referral Links in accordance with the terms and conditions in this Agreement and the Affiliate Guidelines.
4 Customers Purchasing Via the Affiliate Program
4.1 Order Processing and Reporting
DRM-X.com will process all product orders placed by customers who follow Referral Links to the DRM-X.com Web Site. DRM-X.com reserves the right to reject orders that do not comply with any requirements that DRM-X.com has and may periodically establish. DRM-X.com will be responsible for all aspects of order processing and fulfillment. Among other things, DRM-X.com will prepare order forms, process payments and handle customer service. DRM-X.com will track sales made to Customers who purchase products using Referral Links from you to the DRM-X.com Web Site and will make available to you reports summarizing sales activity. DRM-X.com will use commercially reasonable efforts to present accurate information in the reports, but DRM-X.com cannot guarantee the accuracy of the reports.
4.2 Customers
Customers who buy products through the Affiliate Program will be deemed to be customers of DRM-X.com. Accordingly, all of the DRM-X.com rules, policies, and operating procedures concerning customer orders, customer service and product sales will apply to those Customers. DRM-X.com may change the DRM-X.com policies and operating procedures at any time. Product prices and availability may vary from time to time, and such price changes may affect products that you already have listed on your web site. DRM-X.com will use commercially reasonable efforts to present accurate information, but DRM-X.com cannot guarantee the availability or price of any particular product.
5 Affiliate Commissions and Reporting
5.1 Affiliate Commissions
DRM-X.com will pay you commissions in accordance with this Agreement and the Affiliate Commission Schedule (Commissions). The Affiliate Commission Schedule is incorporated herein by this reference. DRM-X Affiliates can earn commissions on the following types of transactions:
1. DRM-X.com will pay you a commission on qualifying sales originating from Special Links on your web site or web space in accordance with the then current Affiliate Commission Schedule (link);
2. DRM-X.com will also accept promotion code for you, and if user input your promotion code. The user belongs to you.
3. Reward: You will receive up to 30% of user paid to DRM-X by monthly fee. For example, according to DRM-X business account 5, the monthly fee is $120 USD, so you will receive up to $36 USD monthly and up to five years if user continue using DRM-X. The maximum bonus from per user you referr is $2000.00 USD. If you referr 100 DRM-X users, the total bonus you can earn is $200,000 if the users don't stop using DRM-X within 5 years.
6 Payment of Commissions
6.1 Tax Information. (American Affiliate only)
In order to receive your Commissions you must provide your taxpayer information to DRM-X.com as required by the IRS. If DRM-X.com does not have your current taxpayer information on file for a particular year, payments due to you under this Agreement will not be made until December 31st of such year, and all of such payments will be subject to a 30% backup withholding which will be submitted to the IRS.
6.2 Payment Terms
DRM-X.com will pay you Commissions on a monthly basis. Within 60 days following the end of each calendar month, DRM-X.com will send you a check for the Commissions you have earned for the relevant month. However, if the Commissions payable to you for any month are less than $25.00, DRM-X.com will hold your Commissions until the total amount due is at least $25.00 or until this Agreement is terminated.
6.3 Processing Fees
If DRM-X.com owes you accrued Commissions that are less than $25.00 for at least 365 days, then DRM-X.com may send you payment of such accrued Commissions minus a $5 processing fee. If the amount of accrued Commissions is under $5 for at least 365 days, such amount will be used to cover DRM-X.com's administrative costs and no payment will be made to you.
6.4 Termination Fees
If you or DRM-X.com terminate your Account, and you have less than $25 in accrued but unpaid Commissions then outstanding, DRM-X.com may charge you a $5 processing fee when sending you your final payment to cover its administrative costs.
7 Identifying Yourself As An Affiliate
7.1Logo
DRM-X.com will make available to you a small graphic image that identifies you as a DRM-X Affiliate Program participant. You must display this logo or the phrase "In affiliation with DRM-X.com" somewhere on your web site or web space. DRM-X.com may modify the text or graphic image of this notice from time to time. In addition, DRM-X.com encourages (but does not require) you to include a Special Link on your web site to the DRM-X.com home page at http://www.DRM-X.com.
7.2 All other Communications
Except as provided for in the Affiliate Guidelines, you may not make any press release with respect to this Agreement or your participation in the Affiliate Program without DRM-X.com's prior written consent, which may be given or withheld in its sole discretion.
8 Limited Licenses
8.1 DRM-X.com License to You of Logo and Links
DRM-X.com grants you a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to you by DRM-X.com, for use on your web site or web space, solely for the purpose of identifying your web site or web space as an Affiliate Program participant and to assist in generating Commissions. In addition, DRM-X.com grants you a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your web site or web space to the DRM-X.com Web Site and promoting the sale of products on the DRM-X.com Web Site. All product images must be served by the DRM-X.com Web Site and cannot be used in any form other than the form provided by DRM-X.com. You may not modify the graphic images or text, or any other of the DRM-X.com images, in any way. DRM-X.com may revoke your license at any time by giving you written notice. DRM-X.com reserves all of its rights in the graphic images, text, any other images, DRM-X.com trade names and trademarks, and all other intellectual property rights. Any and all rights in and to DRM-X.com's intellectual property shall inure to the benefit of DRM-X.com.
9 Indemnification
9.1 As you are bound by the Terms of Service in using the Affiliate Program, you must indemnify, defend and hold DRM-X.com harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms of Service in using the Affiliate Program in accordance with Section 9 of the Terms of Service. You must also indemnify, defend, and hold DRM-X.com harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation (a) any claim that DRM-X.com's use of any images provided via your web site or web space infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or (b)any claim related to your web site, including, without limitation, content therein not attributable to DRM-X.com. DRM-X.com may withhold any Commissions that it owes you if you have to indemnify DRM-X.com.
10 Term and Termination
10.1 Term
The term of this Agreement will begin upon DRM-X.com's acceptance of your Affiliate Program application and will end when terminated by either party.
10.2 DRM-X.com Termination
In its sole discretion, with or without notice to you, DRM-X.com may terminate your participation in the Affiliate Program and terminate your Account. If DRM-X.com determines, in its sole discretion, that you are abusing the system, the DRM-X.com Service and/or the DRM-X Affiliate Program, DRM-X.com may (without limiting any other rights or remedies available to it) withdraw your participation and withhold any Commissions payable to you.
10.3 Your Termination
You may terminate your Account for any reason at any time by visiting the "Close Account" page within the members area (Your Account > Account Login Info > Close Account).