Affiliate Agreement

Please read the following Affiliate Agreement, then fill in the short form at the end of the page.

Affiliate Program Terms and Conditions

This agreement describes the terms and conditions for participation in The Creative Cauldron / Dragon's Lair Affiliate Program. The terms "Affiliate," "you," and "your" are referring to you, the applicant. "We" and "our" refer to The Creative Cauldron / Dragon's Lair Productions. This agreement may be amended and changed at any time.

This agreement is between you and The Creative Cauldron / Dragon's Lair Productions, independent parties, and this agreement will not form any kind of partnership.

We cannot guarantee any specific measure of response to the provided marketing materials.

We will provide you with graphical artwork, links and e-mails to promote our products. You must use these links and e-mails as they contain your unique code and are needed to accurately track and report your sales so that you can be paid your commissions.

We make no representation that the operation of our Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

By filling out the application form, and applying as an affiliate to The Creative Cauldron / Dragon's Lair Productions, you accept all of the conditions of the affiliate program.

All spaces in the application form must be filled out. You must notify us of any changes in the information you provide.

As an affiliate, you are expected to do the following:

Actively promote our products. This means that promotional materials will be posted to your website within 2 weeks of joining the affiliate program, and you will send e-mails to your mailing list within the first month. You are also expected to send promotional e-mails to the people on your list at least twice a year.
To maintain a website that appears to be professionally designed.
To have a website that is focused on our primary niche, which is writers, photographers, artists and creatives.
Have our promotional materials, such as text or graphic links, on your website at all times.

You are not eligible to participate in the affiliate program if your website:

Promotes violence.
Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Promotes illegal activities or are intended to harass or defame anyone.
Includes "The Creative Cauldron," "Dragon's Lair Productions" or variations or misspellings thereof in your domain names.
Otherwise violate our intellectual property rights or the intellectual property rights of others.
Contains materials that are libelous or otherwise illegal.
Contains any content that could be construed as hateful, vengeful, sinister, illegal, or morally questionable.

You may not:

Purchase or register search engine keywords, AdWords, search terms or other identifying terms or domain names that include the words "Creative Cauldron" or "Dragon's Lair Productions" of any variations or misspellings thereof for use in any search engine, portal, sponsored advertising service or other search or referral service.
Engage in indiscriminate or unsolicited commercial advertising emails.
Misrepresent The Creative Cauldron/Dragon's Lair Production brands including our URL, logos, trademarks and tradenames.
Establish or cause to be established any promotion that provides any rewards, points or compensation for sales, or that allows third parties to place Links to our Website or our Website content, without our prior written permission.
Promote your website(s) by Spamming.
Alter any graphics supplied by The Creative Cauldron and/or Dragon's Lair Productions.

If we determine, in our sole discretion, that you have engaged in any of the foregoing activities or violated any of our rules, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement. If we are required to enforce any of the foregoing restrictions, you will be obligated to reimburse us for any attorneys’ fees reasonably incurred in connection therewith.

Commission Fee Payment

We will pay you commission fees on a monthly basis. 30 days following the end of each calendar month, we will send you a check, or make a deposit to your PayPal account, for the commission fees earned on your Qualifying Revenues during that month. However, if the commission fees payable to you for any month are less than $20.00 we will hold those commission fees until the total amount due is at least $20.00 or (if earlier) until this Agreement is terminated. If a Product that generated a commission fee is returned by the customer, we will deduct the corresponding commission fee from future payments. If there are no future payments, we will send you a bill for the commission fee.

Responsibility For Your Website

You are solely responsible for the development, operation, and maintenance of your website and for all materials that appear on your website.

Relationship Of Parties

You and we 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 our behalf. You will not make any statement, whether on your Website or otherwise, that reasonably would contradict anything in this Agreement.

Limitation Of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commission fees paid or payable to you under this Agreement within the last six (6) months.

You hereby agree to indemnify and hold harmless The Creative Cauldron/Dragon's Lair Production and its subsidiaries and affiliates, employees, agents, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' 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 (a) any claim that your use of any trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (b) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (c) any claim related to your Website, including, without limitation, content therein not attributable to us.

Miscellaneous

This Agreement will be governed by the laws of the State of Arizona, 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 Flagstaff, Arizona, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. If any term, clause or provision of this Agreement shall be deemed invalid or unenforceable for any reason, the remainder of this Agreement shall remain valid and enforceable in accordance with its terms.

Termination Of The Agreement

Upon the termination of this Agreement for any reason, you will immediately remove from your website, all links to our website, product images, and any of our trademarks, logos, and all other materials provided by us. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

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