FOREWORD

We appreciate and value our affiliates; you are very important to us! We have created an agreement that will help protect you as well as our company’s good name. Please take a moment to read through this agreement.

AFFILIATE AGREEMENT

Please read the entire agreement. This is a legal agreement between you and Donald Towns Art.

By submitting your application as an affiliate for Donald Towns Art, you are agreeing that you have read and understand the terms and conditions of this agreement, and you agree to be legally responsible for each and every term and condition.

1. Overview

This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in DonaldTownsArt.com (Donald Towns Art) Affiliate Program. Please note that throughout this Agreement, “we,” “us,” and “our” refer to DonaldTownsArt.com, and “you,” “your,” and “yours” refer to the affiliate.

2. Affiliate Obligations

We ask that for the sake of your good standing and our own, that you carefully follow FTC affiliate disclosure requirements.

You are required to disclose the use of affiliate links in every blog post, social share, email, or any other share or promotion of our affiliate links. Be sure that the proximity of your disclosure is close to the affiliate link itself.

We understand that mistakes happen and we may reach out and ask you to make the necessary adjustments to properly disclose. Refusal to follow the FTC affiliate disclosure guidelines will result in your termination from DonaldTownsArt.com affiliate program.

3. Rights and Obligations

We reserve the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the DonaldTownsArt.com Affiliate Program without notice for any reason we deem a violation of our terms.

It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.

4. Termination

Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

We reserve the right to terminate your affiliate status with Donald Towns Art, DonaldTownsArt.com, should you violate any of these terms. You may not engage in any of the following or use our trademark, logo, likeness, title, domain name, etc. to promote any of the following activities:

1. Promoting sexually explicit materials
2. Promoting violence or any illegal activities
3. Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
4. Incorporate any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights.
5. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are DonaldTownsArt.com or any other affiliated business.

5. Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and DonaldTownsArt.com’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in DonaldTownsArt.com’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

6. Payment

Payment will occur at the end of every month via PayPal as long as the payment amount has reached the minimum threshold of $20. If it has not reached the minimum threshold by the end of the month, it will roll over to the next month until it reaches the $20 minimum, then payment will be made.

7. Taxes

You are responsible for your own reporting and paying of taxes on the earnings received from DonaldTownsArt.com . However if you reach $600 in a calendar year we are also required to report your earnings, and will need you to fill out a W9 form. Once you reach $500 total earnings, we will have you fill out a W9  form in order to continue receiving payment.

8. Disclaimer

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

9. Indemnification

You hereby agree to indemnify and hold harmless DonaldTownsArt.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, 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 any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or any claim related to your site, including, without limitation, content therein not attributable to us.

10. Miscellaneous

You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and DonaldTownsArt.com. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.