Affiliate Program Agreement

This agreement contains the complete terms and conditions that apply to Your participation as an affiliate with LoDingo.com Affiliate Marketing Program, and the establishment of links from Your website to LoDingo.com.

Acceptance
LoDingo reserves the right to accept or reject applications (at our sole discretion) Your application will be evaluated and you will be informed of the acceptance for Your application by written notice.

Terms & Conditions
Definitions & Interpretation

In this Agreement the following definitions apply:
(a) ‘The Term” means the date LoDingo accepts Your affiliate application.
(b) ‘Product’ or 'Content' means the downloadable products for retail and sold on the LoDingo website.
(c) ‘You or Your’ means the organization who has identified it self to LoDingo as being the contracting party to this agreement.
(d) ‘Parties’ means LoDingo and the contracting party You as identified in the contract.
(e) Your Website' means the website located at the affiliate URL as notified to LoDingo.
(f) ‘LoDingo Link' means the interface internet link between Your Website and LoDingo website that has been created by LoDingo.
(g) ‘LoDingo Website' means a website operated with the following home page ULR: www.LoDingo.com or such other URL as is current from time to time.
(h) ‘Written Notice’ means the form in which to contact or notify other party. Written Notice can be by electronic mail or registered post to LoDingo business address.

Term & Termination
The Term of this agreement (“the Term”) will commence upon our acceptance of Your site in the Affiliate Marketing Program and will end when either You or LoDingo terminate this agreement, which can be at any time, with or without cause. Written notice of 7 days for termination must be given to the either. Upon the termination of this Agreement all links to the LoDingo website, trademarks, logos and all other materials provided to you pursuant hereto or in connection with the Affiliate program must be removed. You are only eligible to earn commissions on sales occurring during the Term. LoDingo may withhold Your final payment for a reasonable time to ensure that the correct amount is paid.

LoDingo Link
LoDingo, at its own cost, has developed the internet LoDingo Links to interface between Your Website and LoDingo’s Website.

Customers who purchase downloaded products under this Agreement shall be deemed to be customers of LoDingo.

LoDingo owns the LoDingo Link and has supplied it to You for Your Website under the terms of this Agreement.

LoDingo provides a choice of link graphic images and banners for You to choose from and grants You a non-exclusive, revocable right to use any supplied LoDingo graphic images, logos and text solely for the purpose of this Agreement.

Page Links
LoDingo can supply as many links as you require to the LoDingo Home Page, Category Pages, Presenter’s Pages, Product Pages.

LoDingo will pay You a commission on all sales to third parties that arise from customers following the specially formatted link from Your website to LoDingo’s website. All links will include a code that will identify You as the referring party. For a sale to generate a commission fee, the customer must follow one of these specially formatted links from Your website to the appropriate LoDingo online page.

Your Responsibility as an Affiliate
You will be solely responsible for the development, operation and maintenance of Your site and for all materials that appear on Your site.

If full access to view Your website requires a username and password than You will provide LoDingo with these free of charge and unlimited free access in order for LoDingo to evaluate and monitor Your website, You will ensure that this account remains valid for the duration of any agreement with LoDingo and You.

You may add or delete links as You wish but You must notify LoDingo within 7 days by written notice of these changes being made.

You may not make changes to any of the graphic images provided by LoDingo without prior permission by LoDingo .

To permit accurate tracking, reporting and fee accrual, it is Your responsibility to ensure that any links between websites are properly formatted in accordance with our instructions.

Occasionally LoDingo may ask You to use a new image or to modify the HTML of the link. Such modifications to Your website will be done at Your expense. It is Your responsibility to act upon these requests.

You will be responsible for the accuracy and appropriateness of materials posted on Your site. If LoDingo notices any inaccurate or inappropriate links or content on Your site in connection with LoDingo and if LoDingo notifies You of the changes to be made, You must make these changes within 7 days.

No links will be placed on any page that contains content that: advocates discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promotes or engages in illegal activities, violates intellectual property rights of third parties; or contains or promotes deceptive information.

You will be responsible for ensuring that materials posted on Your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights.)

You will be responsible for ensuring that materials posted on Your site are not illegal. LoDingo disclaims all liability for these matters. Further, You will indemnify and hold LoDingo Harmless from all claims, damages and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance and contents of Your site.

You will not hold out or create an impression that You conduct the business of LoDingo. Your domain name will not contain the words LoDingo and You will not purchase secure or control directly or indirectly any advertising (such as but not limited to Google Adwords or inktomi) based on or which promotes a brand or corporate name of LoDingo. Further You will indemnify and hold LoDingo harmless from all costs and expenses (including, without limitation, attorneys’ damages and any financial or business loss arising as a result of a breach of this cause.)

LoDingo’s Responsibilities
LoDingo shall be responsible for all aspects of sales placed by customers who follow the link from Your website to the LoDingo website, including downloading of the content, processing of secure payments and customer service.

LoDingo shall track all sales made to customers who make purchases by using the link from Your website to LoDingo’s website.

Commission, Payment Schedule & Reporting
LoDingo shall pay You a commission of 15% of all gross sales that are initiated through Your Website via the LoDingo link.

A cookie duration of 60 days from the date of the original referral will apply.

Commission shall be calculated monthly and paid within 15 days at the end of the proceeding month.

Payment for all commissions will be made to Your specified paypal account. LoDingo will only pay commissions into a paypal account.
You can set an account up at https://www.paypal.com/

All commissions paid to You by LoDingo are inclusive of any goods and services taxes, value added taxes, sales taxes or other similar taxes, charges or levies which may be assessed as being payable on the commissions fees.

LoDingo shall ensure that its tracking mechanism correctly identifies those purchases that were initiated by customers via Your Website. LoDingo shall within 15 days of end of the Month provide You substantiation of all gross sales for the previous Month that were initiated through Your Website.

On termination of the Agreement LoDingo shall pay You such commission as is earned up to and including the date of termination.

If, for any reason, LoDingo awards Your referral a refund, or if Your referral payment fails, and LoDingo has already paid You commission earned from that sale, LoDingo will deduct the amount of the refunded/failed sale commission from any subsequent payment to You.
Termination of this Agreement does not affect any accrued rights and remedies of the parties.

Limitation of Liability
LoDingo will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement even if LoDingo has been advised of the possibility of such damages. Further, LoDingo aggregates liability arising with respect to this Agreement and the Affiliate program will not exceed the total referral fees paid or payable to You under this Agreement.

LoDingo makes no express or implied warranties or representations with respect to the Affiliate program or any products sold through the Affiliate program (including, without limitation, warranties of fitness, merchantability, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, LoDingo makes no representation that the operation of the LoDingo website will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors.

Terms of Sale of Content
The parties acknowledge that LoDingo acts only as an aggregator for the presenter’s downloadable products (content) sold to customers. LoDingo has no responsibility as a result of the content purchased. LoDingo does not have any power to control activity or experiences had by the customer as a result of the purchased products. LoDingo gives no guarantee or warranty, or takes any liability in respect products downloaded.

Limited License
LoDingo grants You a nonexclusive, revocable right to use LoDingo owned graphic images and text and such other images for which LoDingo grants express permission, solely for the purpose of identifying Your site as an Affiliate program participant and to assist in generating sales. You may not modify any graphic image or text, or any other of these images, in any way. LoDingo reserves all rights in the graphic image and text, any other images, the LoDingo trade names and trademarks, and all other intellectual property rights. LoDingo and You 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 behalf of LoDingo. You will not make any statement, whether on Your website or otherwise, that reasonably would contradict anything in this agreement. You agree to follow the guidelines set out in this paragraph, as those guidelines may change from time to time. LoDingo may revoke Your license at any time by giving You written notice.

Policies and Pricing
Customers who buy content through this Affiliate program will be deemed to be customers of LoDingo. Under the data protection Legislation, the names and other information of individual customers will not be supplied to you. Accordingly, all LoDingo terms and conditions, policies, and operating procedures concerning customer orders, customer service, delivery conditions and product sales will apply to those customers. LoDingo may change the current prices, policies and operating procedures at any time.

General Provisions
The parties agree to comply at all times with the Privacy Act.

Non-Exclusive The parties agree that this Agreement has no impact or bearing upon Your other business activities or though LoDingo.

Waiver No waiver by any party of any provisions of this Agreement will amount to a continuing waiver or a waiver of any other provision of this Agreement unless made in writing and signed by the party against whom the waiver would have been enforced.

This Agreement is governed by the laws of Queensland, state of Australia, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Queensland, Australia, and You consent irrevocably to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without LoDingo’s prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. LoDingo’s failure to enforce Your strict performance of any provision of this Agreement will not constitute a waiver of LoDingo’s right to subsequently enforce such provision or any other provision of this Agreement.

Severability If any provision of this Agreement is held to be invalid or unenforceable in any way, the remaining provisions will not be affected and this Agreement will be interpreted so as to most nearly give effect to the intentions of the parties as it was originally signed.

Entire Agreement This Agreement, together with any documents referred to in this Agreement or executed contemporaneously in connection with this Agreement, comprises the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior understandings, agreements, representations and correspondence.

Survival of Indemnities The indemnities contained in this Agreement are continuing obligations of the parties separate and independent from their other obligations and will survive the termination of this Agreement.

Modifications to this Agreement
LoDingo, at its sole discretion, may modify, at any time, any of the terms and conditions contained in this Agreement by posting a change notice or a new agreement on the LoDingo website or by e-mail addressed to You. If any modification is unacceptable to You, You may terminate this agreement. Your continued participation in the Affiliate program following our posting of a change notice or new agreement on the LoDingo website will constitute binding acceptance of the change.

Your Acknowledgment
You acknowledge that You have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

Corporate
This agreement is entered into by You and www.LoDingo.com who is:
LoDingo Pty Ltd a company incorporated in Australia at the business address of Suite 126 / 421 Brunswick Street, Fortitude Valley, Queensland, 4554.
Phone: 61 7 5452 5915  -  Email: affiliates@LoDingo.com  -  Website: www.LoDingo.com


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