Affiliate Program Terms of Service

Our Terms of Service comprise a legal Agreement for Web Services Corporation Inc ("WSC") and governs the use of our service by affiliates ("Affiliates"). Affiliates may collectively be referred to as ("Affiliates" or "You" or "Your") in areas of these Terms of Service. Our Affiliate System may collectively be referred to as ("DCC System" or "Affiliate System" or "Affiliate Program" or "The Service") in areas of these Terms of Service. By joining our Affiliate Program You agree to be bound by these terms. If You do not agree to these terms, do not join our Affiliate Program. Any rights not expressly granted herein are reserved by WSC. This Agreement may be amended at any time by us without specific notice to You. The latest Agreement will be posted here and You should review this Agreement from time to time. Failure to follow the rules of our Affiliate Program in accordance with the following terms may subject You to termination of Your account, forfeiture of any commissions due and/or civil and criminal penalties.

The Service

WSC has developed and operates this Affiliate Program which allows You to participate as a Performance Marketer and be paid for sales that are generated by your marketing efforts. As an Affiliate of WSC You will be promoting DigitalContentCenter.com to Your site visitors through the use of banners. All Affiliate relationships established between You and WSC will be conducted and managed through this service.

Registration

To sign up and use the service as an Affiliate Partner You must be at least 18 (eighteen) years of age, supply a valid tax-id, which may be Your social security number for individuals, or a federal tax-id for corporations or entities.

Registration requires approval and every application is manually reviewed by our managers. The process is fairly simple. Submit an application, get approved/denied, if approved provide taxpayer information and get access to the affiliate administration control panel.

We welcome all applications but have certain criteria which help us decide if your application is approved or denied.

When making application please try to be as detailed as possible with your plan for selling our service.
We do not accept coming soon websites or domain names with no websites.
Your website should have at least 500 unique visitors per month (for U.S. websites we check this info on compete.com). We have this minimum requirement for a reason: It shows us that you actively work on promoting your website to drive traffic to it and with that traffic you have the possibility of making money with our program. (If you have no traffic, you won't make any money)
Your website (and your business) should be somewhat related to our business: Website Design, Hosting Services, Marketing Services, Publishing Blogs, Tech Blogs, Service Review Blogs, Book Clubs, Web Consulting etc... If you sell light bulbs more than likely your customers are not looking for digital content delivery services.
Your website must have a professional look and feel. We don't have a set of standards for this but we find that most websites that are organized, appealing to the eye with easy navigation do very well.

You shall provide WSC with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive us as to Your true identity.

As an affiliate, You may only have 1 account. You can list multiple domains in one account, but only one account is allowed.

You represent to WSC that all information You provide to the Affiliate Program, including domain names are solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights). The following types of sites are not allowed to participate: Websites that include content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent, promote violence, promote bigotry, promote hatred, promote illegal activity or violate any laws including but not limited to warez, cracking and hacking sites. WSC reserves the right to deem any site inappropriate based on our review of said site.

As part of the registration process, You will be required to select a username and password combination that You use to access Your Affiliate Management Control Panel area within the service. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your account, including use of the account by a third party authorized by You to use Your account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination, forfeiture of any commissions due and referral to the appropriate law enforcement agencies.

You agree that WSC may rely on any data, notice, instruction or request furnished to WSC by You which is reasonably believed by WSC to be genuine and to have been sent or presented by a person reasonably believed by WSC to be authorized to act on Your behalf. You shall notify WSC through the Affiliate Support Ticket System of any known or suspected unauthorized uses of Your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password.

Self-referrals are strictly prohibited will be cause for account termination and forfeiture of any commissions due. If You want to have an account with us and want a discount, don't refer Yourself, just contact us first and we'll be glad to help out.

You may not sub-license, assign, or transfer this license or Your login information to anyone else without prior written consent from us.

Support and Support Boundary's

WSC will provide standard technical support free of charge with no time or call frequency limit for issues related to our Affiliate Program associated with normal operation. Standard support shall include only diagnosis and repair of any malfunction of standard network, equipment and web server hardware or software provided to Affiliates.

No support shall be provided for any issue not directly related to any standard support described above, including but not limited to issues related to web design, and software configuration, or troubleshooting (including 3rd party email clients), and any type of training.

Affiliates may request additional support for items not covered by standard support, which would be billed at a specified hourly rate determined solely by WSC.

Privacy Policy

WSC respects the privacy of its Affiliates and will not disclose personal information to third parties without Your express permission unless required by law. If You have any questions please contact us through the Affiliate Support Ticket System located within the Affiliate Management Control Panel.

Copyrights and Trademark Notices

All Design, Images, Custom Solutions, Management Control Panel Administration, Functionality, Applications, Logic, and Text provided for Your use are owned by WSC and are subject to copyright protection and shall remain the sole property of WSC, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. Duplicating or copying any content from this website or any solution that we create is a direct violation of copyright law. Unauthorized copying, distribution, reverse engineering, or use is strictly prohibited. Digital Content Center and any of the associated marks are either a trademark or registered trademark of Web Services Corporation Inc. All other copyrights remain property of their respective owners.

We may immediately terminate Your license to use our banners if we reasonably believe that such use dilutes, tarnishes or blurs the value of our marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by this Agreement. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge our ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of the WSC.

Non Exclusive Limited Right To Use

You are granted a non-exclusive, limited, revocable right to use our banners. Only banners we provide in the Affiliate Management Control Panel may be used.

We specifically allow:

You may place our banners anywhere You see fit on any of the websites You have listed with Your account.
You may place our banners anywhere within non-spam emails*.
You may place our banners within Your newsletters*.
If You run or utilize an incentive website, You may participate in our Affiliate Program, but we would like to know full details of how it works because we offer incentives to your visitors through our promotional banner offerings.
Any page that contains our banners must be written in English.
Any banner placed must be done in such a way that it is not misleading to any visitor and done with the intention of delivering valid sales.

*See our "Zero Tolerance Spam Policy" below.

We specifically do not allow:

You are not authorized to make any modifications to our banners to fit Your purposes.
Use of banners on newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters or guest books etc... are not allowed.
Any placement of creative in a "Desktop" advertising scheme is not allowed. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
Any display of our site in a window that isn't the result of a direct click by site visitors is now allowed.
Points or reward programs for click or lead programs are not allowed.

Failure to abide by these rules could be grounds for termination and forfeiture of any commissions due.

Termination of Account

You may request to terminate Your account at any time, for any reason, through our Affiliate Support Ticket System at which time recurring commissions will stop accruing and any commissions due up to the request will be held for 30 days.

As you may terminate your account with is at any time, for any reason, WSC may terminate your account, including access to the Affiliate Management Control Panel, at any time, and for any reason. If we terminate your account you will be notified by email.

Fraud

Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales by using robots, frames, iframes, scripts, stolen credit cards and stolen identities for the sole purpose of creating commissions. Any attempted fraud will result in account termination and forfeiture of any commissions due and referred to the appropriate law enforcement agencies.

Zero Tolerance Spam Policy

Do not spam. Do not spam. Do not spam. We will terminate Your account on the first offense of SPAMMING. Do not send email to lists or groups that You do not have permission to send to. We cannot stress this enough, we WILL terminate Your account on the first offense.

Spam is defined as any unsolicited email whether commercial or non-commercial in nature. Spam includes, but is not limited to email spam, fax spam and search engine spam. All Affiliates are expected to adhere to our no spam policy. If You run a newsletter, e-zine, 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. Any Affiliate that engages in spamming with their site in any way shall have their Affiliate account terminated and any commissions due. The Affiliate also shall be held liable for any and all damages and/or losses that may result as a consequence.

How Commissions are Calculated and Paid

All statistics are collected and calculated by the Affiliate System, and will be the only valid stats used for determining commissions. Our system will only track links that are coming from our banners. Orders that are generated from other links will not receive a commission. WSC owns all transaction information that is passed to us through the installed tracking code and displayed on Your own transaction reports.

Commissions are calculated in real time as orders are placed through our activation system. As a courtesy we send an email each time a sale is made using your Affiliate ID. You can review balances anytime using our Affiliate Management Control Panel. Commissions credited to Your account do not accrue interest.

You earn an activation fee commission of 30% (no matter what package is purchased - Monthly or Yearly) and a 30% recurring commission each month a monthly customer you referred renews.

If a monthly customer upgrades or downgrades during the life of their account the 30% recurring commission will also upgrade or downgrade. Recurring commissions start accumulating on the first billing cycle which is 30 days after the initial activation.

If a yearly customer upgrades or downgrades during the one year account term the 30% recurring commission will also upgrade or downgrade.

All commissions are paid in U.S. Dollars.

Charge backs can occur due to various reasons including but not limited to: cancellations, refund requests, fraudulent credit card usage, suspicious orders, bank charge backs etc. If You have already received a commission for an order that is charged back, the commission You earned will be immediately deducted from your account balance. In the event that your account balance is less than charge back, the commission will be deducted from future commission earnings.

Commissions are paid by check through the U.S. Mail. You can request a check for Your earnings at any time and we currently do not require a minimum balance in order to request funds. Commission checks are processed manually within 5-7 business days from the date of Your request. When a commission is paid an email notification will be sent to You. Your physical address listed for receiving checks MUST be Your actual address. Mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed. For example, if You choose USA as Your country, You must be in the USA. If You choose the UK as a country, You must be in the U. K.

Account Abandonment

Affiliate accounts that are abandoned will be removed from our system and commission payments, if any, will be forfeited. An abandoned Affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true - the account will remain in an active state.

Communication and Notices

All official communication between WSC and Affiliates as well as notices set forth within this Agreement shall be by e-mail and our Affiliate Support Ticket System. Affiliates shall send notification and official communication to WSC through the Affiliate Support Ticket System located within the Affiliate Management Control Panel. WSC shall send all notices and official communication to Affiliate at the e-mail address listed in the Affiliates account record. It is solely the Affiliates responsibility to ensure that the e-mail address listed with WSC is accurate and up to date. In the event WSC sends any notification to an e-mail address that is no longer valid for the Affiliate, such notice shall be deemed delivered per this Agreement.

Changes to The Service

WSC reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Affiliate Service at any time. In the event of any material change, WSC will notify You via e-mail or the Affiliate Management Control Panel at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from our Affiliate Program.

Non-Disclosure

Affiliate acknowledges that in the course of this Agreement Affiliate shall have access to confidential and proprietary information ("Confidential Information"). Affiliate agrees not to disclose or disseminate any Confidential Information without prior express written consent.

Disclaimer and Indemnification

Affiliate agrees to use our Affiliate Program at your own risk. WSC shall not be held liable in any way for any improper or incorrect use of the contents in this website.

WSC specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, regarding the use of this website or it's services.

WSC is not responsible or liable for any types of viruses or issues arising from use of our system.

WSC has no liability if parties other then WSC officers and employees obtain the contents of your Affiliate Account.

Under no circumstances, including negligence, shall WSC or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the use of or inability to use this website or its services; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to this website. DCC further shall have no responsibility whatsoever to you or any third party for the accuracy or quality of information obtained through or in connection with this website or any of its services.

Affiliate shall defend, indemnify, save and hold WSC harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages asserted against WSC, its officers and employees, that may arise or result from this website or it's services.

Notwithstanding the above, Affiliates exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed $25.00. These obligations will survive any termination of your relationship with WSC or your use of our service.

Governing Law

This Agreement, and the performances due hereunder, shall be construed and governed in accordance with the laws of the State of Tennessee. Venue for purposes of any court action shall be in Knox County, TN. As such, all claims concerning this Agreement shall be brought exclusively in the State or Federal courts located in Knox County, State of Tennessee. The parties hereby consent to submit to the jurisdiction of such courts located in Knox County, State of Tennessee and waive any personal jurisdiction or venue defenses concerning said forum. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WSC as a result of these Terms or Service or use of our services.

The parties expressly agree that The Uniform Computer Information Transactions Act or any version thereof adopted by any State in any form ("UCITA") shall not apply to this agreement, including any applicable product agenda. To the extent that UCITA is applicable, the parties agree to opt out of the applicability.

If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. If moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, such provision shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.

No delay or omission on the part of either party to this Agreement in requiring performance by the other party hereunder, or in exercising any right hereunder, will operate as a waiver of any right or rights hereunder. Any and all representations and warranties, indemnification obligations, confidentiality requirements, intellectual property, applicable law, notice, and termination provisions, jurisdictional consents, and this Section shall survive the termination of the Agreement by either party for any reason.

Unless otherwise specified herein, these Terms of Service, and the Privacy Statement constitute the entire Agreement between the Affiliate and WSC with respect to the Affiliate System and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Affiliate and WSC with respect to the Affiliate System.

Force Majeure

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

Updated

Our Affiliate Terms of Service is periodically reviewed and enhanced as necessary and we reserve the right to modify our Affiliate Terms of Service at any time. An update date is always provided so that you know when our Affiliate Terms of Service was updated.

Our Affiliate Terms were last updated on 07-15-10.