Dynoments Affiliate Program Terms of Service

Agreement

By signing up to be an Affiliate in the Dynoments Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Dynoments reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Dynoments. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Dynoments. You must ensure that each of the links between your site and the Dynoments properly utilizes such special link formats. Links to the Dynoments placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Dynoments product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://dynoments.com and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.

Identifying yourself as a Dynoments Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Dynoments or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– 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)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://dynoments.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Dynoments reserves the right to end the Program at any time. Upon program termination, Dynoments will pay any outstanding earnings accrued above $20.

Termination

Dynoments, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Dynoments service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Dynoments reserves the right to refuse service to anyone for any reason at any time.

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 site or otherwise, that reasonably would contradict anything in this Section.

Limitations 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 referral fees paid or payable to you under this Agreement.

Disclaimers

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

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. 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 be 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.

The failure of Dynoments to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Dynoments and govern your use of the Service, superceding any prior agreements between you and Dynoments (including, but not limited to, any prior versions of the Terms of Service).

Terms and Conditions

Read the following carefully, as your purchase or use of our product(s) implies that you have read and accepted our Terms and Conditions. (We reserves the right to change or modify current Terms and Conditions with no prior notice.)

Conditions Of Use
DYNOMENTS provides our services to you subject to the following Terms and Conditions. If you visit or shop within this website, you accept these Terms and Conditions. Please read them carefully. Upon use of any DYNOMENTS Service you are bound by these Terms and Conditions.

“DYNOMENTS Service” means the Content, Products and Support Service, either collectively or in any combination.

Privacy Policy
Please review our Privacy Policy, which also governs your visit to our website, to understand our practices.

Electronic Communications
When you visit www.dynoments.com or send e-mails to us (DYNOMENTS), you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DYNOMENTS and protected by international copyright laws. The compilation of all content on this site is the exclusive property of DYNOMENTS, with copyright authorship for this collection by DYNOMENTS, and protected by international copyright laws. You DO NOT have the right to re-sell any material you might have acquired freely or through purchase without written permission, or purchased from DYNOMENTS.

Trade Marks
DYNOMENTS and www.dynoments.com trademarks and trade dress may not be used in connection with any product or service that is not DYNOMENTS’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DYNOMENTS or the www.dynoments.com website. All other trademarks not owned by DYNOMENTS or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DYNOMENTS or its subsidiaries.

License and Site Access
DYNOMENTS grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DYNOMENTS. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DYNOMENTS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DYNOMENTS and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilising DYNOMENTS name or trademarks without the express written consent of DYNOMENTS. Any unauthorized use terminates the permission or license granted by DYNOMENTS. You may not use any of DYNOMENTS’s or www.dynoments.com logo, Registered Business Name or other proprietary graphic or trademark as part of a link, public/ private video content, screencasts, personal blog’s, product endorsement without express written permission.

Website Licence
Upon purchase of a product at DYNOMENTS, you purchase a Single Website licence.

The starter, pro and expert licenses includes 1 year of Updates and Support. After the 1 year period, your license will expire, you will have no download access for the product/products from your DYNOMENTS Account Dashboard and you will have no updates available via the WordPress admin area.

Before the term of 1 year expires, you will need to purchase an Upgrade your Licence to receive the discounted price. If your Licence expires, or after the term of 1 year you will need to purchase a new licence at full price.

The DYNOMENTS Licence allows/authorises you to use our products, the code and files remain the property and copyright of DYNOMENTS.(www.dynoments.com)

Your Membership Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. DYNOMENTS, www.dynoments.com and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Account/Service/Support Termination
We DYNOMENTS/www.dynoments.com have the right to terminate your account for any reason, at any time, without notice, at our discretion.

Reasons accounts are terminated:
Repeated violations of the Terms of Conditions A single case of severe abuse (such as predatory behaviour, threats, abuse or spam) Accounts dedicated to a policy violation (hate speech, harassment, impersonation, etc) DYNOMENTS demands a very high level of respect and professionalism from its employees and business partners, in turn, we expect the same level of respect from our customers, no level of harassment, abuse or threats will be tolerated in our Support area.

Upon termination of an account all valid product licence keys will be removed, all support will be terminated.

Reviews, Comments, Emails, and Other Content
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. DYNOMENTS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant DYNOMENTS, www.dynoments.com and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DYNOMENTS, www.dynoments.com and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify DYNOMENTS, www.dynoments.com or its associates for all claims resulting from content you supply. DYNOMENTS has the right but not the obligation to monitor and edit or remove any activity or content. DYNOMENTS takes no responsibility and assumes no liability for any content posted by you or any third party.

Download/Products
Products sold for download through www.dynoments.com are the sole work of DYNOMENTS and are provided “as-is” with no expressed or implied warranty or suitability claims. As the buyer, you accept all responsibility for all outcomes from installing and/or using the downloads sold through www.dynoments.com by DYNOMENTS. Extensions sold at www.dynoments.com are tested on the Standard WordPress environment using the standard Themes built into the core and are duly tested prior to release on the latest version of a standard WordPress installation. Any incompatibilities with third-party themes and plugins are beyond DYNOMENTS (www.dynoments.com) responsibility. All products are provided ‘as is’ and in no case is it implied that they will function as expected under any setup or configuration nor with any or all 3rd party plugins or software or server environment. Moreover, all downloads are copyright to DYNOMENTS and CANNOT be resold elsewhere. Doing so violates international copyright laws.

Product Descriptions
DYNOMENTS, www.dynoments.com and its associates attempt to be as accurate as possible. However, DYNOMENTS does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY DYNOMENTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. DYNOMENTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DYNOMENTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DYNOMENTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE DOWNLOADABLE PRODUCTS PURCHASED THROUGH IT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law
By visiting DYNOMENTS, you agree that the laws of The Netherlands, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DYNOMENTS or its associates.

Dispute
Any dispute relating in any way to your visit to DYNOMENTS or to products you purchase through www.dynoments.com shall be submitted to The Netherlands Arbitration Institute in Rotterdam, The Netherlands, except that, to the extent you have in any manner violated or threatened to violate DYNOMENTS intellectual property rights, DYNOMENTS may seek injunctive or other appropriate relief in any state or federal court in The Netherlands, and you consent to exclusive jurisdiction and venue in such courts. The Dutch Courts award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Please review our other policies posted on this site. These policies also govern your visit to www.dynoments.com. We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Questions:
Questions regarding our Terms and Conditions, Privacy Policy, or other policy related material can be directed to our support staff via hello@dynoments.com.

 

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