The following are terms and
conditions for participating in the FunCakeDecoratingIdeas.com / CleverdoughCakes.com Affiliate
refers to you, and "CleverdoughCakes.com" refers to
CleverdoughCakes.com, FunCakeDecoratingIdeas.com and its
to amend this agreement as needed from time to time, and Affiliate
agrees that any such amendment will apply to Affiliate. The
continuation of Affiliate status or Affiliate's acceptance of income or
bonuses shall constitute Affiliate's acceptance of any and all
1. Affiliate represents and warrants
that he or she
is of the legal age of consent in all applicable jurisdictions or
countries and, in any event, is at least 18 years of age.
Affiliate will not engage in any SPAM of any kind, nor will Affiliate
engage in any unauthorized message board, messenger service or other
online posting. CleverdoughCakes.com also considers ANY type of
advertisement about CleverdoughCakes.com posted to a newsgroup or chat
room to be SPAM. For the purpose of this agreement , SPAM is defined as
e-mailing ANYONE, in bulk or by single mailing, about
CleverdoughCakes.com, who has not specifically requested the
directly from Affiliate. "Unsolicited" and "Unauthorized" are defined
as any solicitation not expressly requested or warranted by any
organization or site mentioned above. Use of SPAM may result in the
immediate suspension or termination of Affiliate account. Affiliate
will also be in violation of the CleverdoughCakes.com Affiliate
Agreement and subject to legal action and be held liable for any
financial loss incurred by CleverdoughCakes.com.
will not engage in any advertising utilizing spyware or adware of any
kind. This includes "permission" based adware software, used
exclusively for the delivery of popup or related ads. In the event that
you have an application that delivers advertisements, express
permission must be granted in writing from CleverdoughCakes.com to
any promotion. Affiliate will also not attempt to "bundle"
CleverdoughCakes from CleverdoughCakes.com with any other software,
regardless of user permission or otherwise, unless expressly permitted
to do so in writing by CleverdoughCakes.com. CleverdoughCakes.com has
past or existing "bundling" arrangement of any kind, so Affiliate shall
not bundle CleverdoughCakes.com software with any other unless
permitted in writing to do so by CleverdoughCakes.com.
Affiliate will not engage in any browser hijacking of any kind, or any
other interference with the normal functioning of a potential website
visitor's computer. This could include starting any process(es) not
expressly started by potential website visitor, including opening of a
CD rom, or any other program or application. In keeping with this,
Affiliate is directly responsible to be in full compliance with all
pertinent law and the following two laws specifically: HR2929, the
Securely Protect Yourself Against Cyber Trespass Act, and HR4661, the
Internet Spyware Prevention Act of 2004.
Affiliate will not
intentionally mislead any potential website visitor to believe that a
CleverdoughCakes.com product is any other product. This could include
website content, or ads run on any search engine. Affiliate will not
use any product name in context of advertising which could be
misunderstood to be a CleverdoughCakes.com product, and therefore be
misleading to the potential website visitor.
not use advertising which is directly false or misleading. This could
include claims that "Spyware or Adware" has been found on a user's
machine when no actual scan for such items has been done, or directly
using a customer's system information to falsely induce a click or
purchase. This could include showing contents of particular sections of
the potential website visitor's hard drive, cookie folder, or system
settings, as well as specific information, such as IP address,
operating system, or any other "non critical" system information. "Non
Critical" is defined for purposes of this document as any specific
system information that has no direct connection with any
spyware/adware or any specific system problem CleverdoughCakes will
assist in repairing.
7. Affiliate agrees to assume
responsibility for compliance with all applicable intellectual property
laws and all other federal, state and international laws. In the event
that CleverdoughCakes.com should receive any notification of claimed
infringement by Affiliate, Affiliate agrees to cooperate with
CleverdoughCakes.com in expeditiously responding to such notification
and resolving any claim of infringement. In the event that an affiliate
is unresponsive or unwilling to assist, CleverdoughCakes.com will take
any and all measures to prevent Affiliate from further involvement in
our program, and will further cooperate in any law enforcement action
as a result of said Affiliate's actions.
Affiliate will be
directly responsible for all tax liabilities, including without
limitation, liabilities to any agency with respect to any earnings or
payments made as a result of affiliate's promotion of
CleverdoughCakes.com. Affiliate further agrees to indemnify and
reimburse CleverdoughCakes.com in the event of any claim for assessment
by any foreign, United States federal, state, and/or local taxing
9. Affiliate agrees that a
Affiliate is an independent contractor and not an employee, agent,
partner, legal representative, or franchisee of CleverdoughCakes.com.
Affiliate further agrees not to incur any debt, expense, obligation on
behalf of, for, or in the name of CleverdoughCakes.com.
All Affiliate applications are subject to approval by
Affiliate agrees to receive CleverdoughCakes.com e-mail, including but
not restricted to sales reports, training, plus messages from
Affiliate's Team Leader and/or Group Leader.
agrees to present CleverdoughCakes.com products and services as set
forth at the official CleverdoughCakes.com Website. Affiliate will make
no claims regarding products or services beyond what is stated at the
official CleverdoughCakes.com Website.
not responsible for technical problems, acts by third parties, or other
events outside our reasonable control which may temporarily disrupt or
14. CleverdoughCakes.com reserves
all rights in
or to its trademarks and servicemarks but may be used by Affiliate in
accordance with this agreement. Affiliate may in no way display a
CleverdoughCakes.com logo, image, or trademark which may be
defame, or misrepresent CleverdoughCakes.com.
not assign rights or delegate duties under this Agreement without the
prior written consent of CleverdoughCakes.com. Upon request,
CleverdoughCakes.com will provide Affiliate with guidelines for the
sale, transfer, or assignment of Affiliate's CleverdoughCakes.com
16. Affiliate agrees not to present
works-in full or in part-as his or her own nor engage in violation of
copyright agreements for any reason. Such violations could result in
suspension or termination of membership.
makes no warranties expressed or implied with regard to Affiliate
Program except as outlined in this Agreement.
that a provision of this Agreement is held to be invalid or
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable, and the balance of the Agreement will
remain in full force and effect.
not be held liable for any indirect, incidental, special, or
consequential damages or any loss of revenue or profits arising under
or with respect to this Agreement or program, even if
CleverdoughCakes.com has been advised of the possibility of such
damages. CleverdoughCakes.com aggregate liability arising under or with
respect to this agreement or the program shall in no event exceed the
amounts paid or payable by CleverdoughCakes.com under this agreement.
Both CleverdoughCakes.com and the Affiliate reserve the right to
terminate this agreement at any time. The term of this Agreement shall
be for a period of one year from the date hereof and shall
automatically renew upon each anniversary without further act of the
parties unless either party has terminated this Agreement by written
notice to the other.
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