These Coupaw Affiliate Program Terms and Conditions (this "Agreement") are entered into by you ("you" or “Affiliate”) and Dice Solutions LLC. ("we", or "Coupaw")
As a member of its Coupaw Affiliate Program (the "Affiliate Program") you will create an account at Coupaw, complete your online registration as a member of the Affiliate Program and accept this Agreement. Once you are a member of the Affiliate Program, the following things shall occur: (i) you shall be given access to a personal affiliate link that you can email to your subscriber and personal email lists, friends and family, post on social media sites or include in your own posts and communications (the "Affiliate Link"); (ii) you will be given access to a widget which has been linked to your Affiliate Link (the "Widget") and which you can embed anywhere on your site or blog; (iii) the Widget will have links to Coupaw's website (the "Coupaw Site") and there will be a text link below the Widget; (iv) the content in and appearance of the Widget shall be changed by Coupaw in its sole discretion; and (v) Coupaw shall pay you a percentage (such percentage to be referred to as the "Affiliate Fee") of Gross Revenues (defined below) received and retained by Coupaw from sales of deals made on the Coupaw Site by users who land directly on the Coupaw Site through your Affiliate Link and purchase such deals during the same Coupaw Site visit. The amount payable to you hereunder is hereby defined as "Your Revenue" and the method of calculation is described in greater detail below. Coupaw shall have the right to discontinue the Affiliate Program and your membership thereof at any time without further liability.
You represent and warrant that you write, maintain and operate your site and any social media pages and accounts you may have, all information you have provided Coupaw is accurate to the best of your knowledge and you have the authority to enter into this Agreement, including the right to grant Coupaw permission to (i) link to your site; (ii) list you as a member of the Affiliate Program and (iii) operate the Widget on your site. You agree that you will not modify the Widget in any way and will not modify or remove any text link to the Coupaw Site below the Widget which, for purposes of this Agreement shall be deemed a part of the Widget.
Coupaw shall have the right, but not the obligation, to place content and ads in the Widget and promote the Coupaw Site and Coupaw partners, vendors and contractual partners thereon. Nothing herein shall require Coupaw to provide the Widget with content and Coupaw makes no guarantee regarding the amount of any payment to be made to you in connection with using the Affiliate Link or the Widget under this Agreement.
As between you and Coupaw, you will be solely responsible for the maintenance and operation of your site and for all materials that appear on your site, including, but not limited to, the following: (i) ensuring that materials posted on your site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal; (ii) ensuring that the following material, as interpreted by Coupaw in it sole discretion, will not be included on your site: (a) pornographic or other unacceptable themed material; and (b) any viruses, trap doors, hidden sequences, hot keys, time bombs, or other disabling code; and (iii) promptly deleting upon request from Coupaw the Widget, and any other data, images, text and content obtained by you from Coupaw in connection with this Agreement (collectively, the Coupaw Content).
Coupaw shall make monthly payments of Your Revenue (defined below) to you as provided in this paragraph. "Your Revenue" is defined as the Affiliate Fee (defined below) multiplied by the Gross Revenues (defined below) received and retained by Coupaw during that month. "Gross Revenues" are defined as the total revenues received and retained by Coupaw during that month from sales of deals made on the Coupaw Site by users who landed directly on the Coupaw Site through your Affiliate Link and purchased such deals during the same Coupaw Site visit, less only credit card processing fees and returns and refunds. Approximately 30 days following the end of each calendar month, we will send you a check with Your Revenue. We will accrue and withhold Your Revenue month to month until the total amount due is at least $5.00. If the payment information that you provide is not accurate, Coupaw has no obligation to pay you hereunder. We are obligated by U.S. federal law to obtain tax information from Affiliate Program participants who are U.S. citizens, U.S. residents or U.S. corporations and from Affiliate Program participants who are not U.S. citizens or residents but whose businesses are taxable in the U.S. If we believe you are a Affiliate Program participant from whom we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information. Coupaw reserves the right to withhold payment of Your Revenue in the event of any breach of this Agreement by you. 6. Information Rights
The Site provides an interactive online service operated by Coupaw on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities facilitated through Coupaw, affiliates of Coupaw or merchants (“Merchants”) offering vouchers for sale (“Vouchers”) which may be exchanged for goods/services at Merchants and other third parties. This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Coupaw, and Coupaw shall not be responsible for any data lost while transmitting information on the Internet. While it is Coupaw’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Coupaw, access to the Site may be interrupted, suspended or terminated from time to time. Coupaw shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Coupaw may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.
When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call "Content." Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by Coupaw), and you agree not to post or use any Content in any manner that :
Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.
This Site and any individual sites, links or widgets now or hereinafter contained within our Site or operated by Coupaw outside of the Site (collectively the "Microsites") are private property. All interactions on this Site and/or the Microsites must comply with these Terms and Conditions. When providing content or posting on the Site or the Microsites, embedding or posting Coupaw content on their own site, and/or forward or sharing Coupaw content or information with others, Users agree not to do any of the following:
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Coupaw shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
By placing an order for a given Voucher, you make an offer to purchase the Voucher you have selected on the terms, restrictions and conditions associated with the Voucher. Once you've placed your order, you will received a confirmation of the Voucher and your credit card will be charged for the amount of the Voucher. We will notify you by email when the Voucher (defined below) for the Voucher is ready to be used. You are required to create an account in order to purchase any Voucher. An account is required so we can collect information to allow you to pay for your Vouchers and provide you with easy access to print your Vouchers, view your past purchases, and modify your preferences.
The expiration date for a Voucher is as printed on the Voucher. The Merchant is obligated to honor the Voucher in compliance with law. If the Merchant refuses to honor the Voucher before the legally permitted expiration date, then Coupaw will refund the paid portion of your Voucher in the form of a credit for future Vouchers (what we currently call "deal bucks"). In order to receive the credit, you must provide the following information in writing to firstname.lastname@example.org: (a) identification of the Voucher and Merchant with whom you sought to redeem the Voucher, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Voucher, and (c) a statement, under penalty of perjury, that the Voucher has never been redeemed with the Merchant.
"RealCash" is a form of Coupaw currency that may be applied as a credit towards future Coupaw purchases. There are three types of RealCash currencies - Paid RealCash, which you may purchase in certain incremental values (either as gift bucks or otherwise), Earned RealCash, which are awarded to you from time to time as loyalty rewards or as customer service deems appropriate, and Promotional RealCash, which are given to certain customers in connection with a specific promotion, contest or sweepstakes. Promotional RealCash expire in accordance with the terms of the particular promotion. Paid and Earned RealCash expire five years after the date of purchase or issuance, except where expiration of Paid RealCash is prohibited by law. Paid RealCash will be applied toward future Coupaw purchases before Earned RealCash, even if the Earned RealCash expire first. Promotional RealCash however will always be applied first due to their short term. Additionally, all RealCash may only be applied towards purchases that are in the same currency as the Earned, Paid or Promotional Deal Bucks. Deal Bucks are not returnable or refundable for cash, except where required by law. Resale of Deal Bucks is strictly prohibited.
Each Voucher has specific terms associated with the Voucher, which will be presented to you at the time you commit to purchase the particular Voucher. Voucher specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:
To be clear, Coupaw markets the Vouchers and acts an as agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher. As issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Voucher, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.
From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Vouchers or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Coupaw reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher for any product or service to a person residing in any jurisdiction or geographical area. Coupaw does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
Coupaw will provide a refund of the purchase price paid by you for any Voucher within five days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. After five days, we do not provide refunds except that we will provide a refund if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business.
Some of the Vouchers are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Voucher. Any attempt by a purchaser to obtain more than the permitted number of Vouchers specified for a particular Merchant by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. Coupaw will be the arbiter, in its discretion, as to whether purchase characteristics indicate a violation of these rules
Coupaw may terminate this Agreement at any time. Without limiting the foregoing, Coupaw shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which Coupaw, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER'S SOLE RISK. NEITHER COUPAW, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. COUPAW HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL COUPAW, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL COUPAW'S LIABILITY IN CONNECTION WITH A VOUCHER EXCEED THE AMOUNTS PAID FOR SUCH VOUCHER, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
Coupaw shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Coupaw, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Coupaw shall have the right, but not the obligation, to remove any material that Coupaw, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User acknowledges that all content uploaded onto the public areas of the site, including without limitation any discussion or message boards or chat rooms (collectively "Message Boards") are public and not private communications, and that, therefore, others may read User's communications without User's knowledge. Coupaw does not control or endorse the content, messages or information found in any Message Boards, and, therefore, Coupaw specifically disclaims any liability concerning the Message Boards and any actions resulting from Users participation in therein, including any objectionable content. If particular web pages permit the submission of communications that will be treated by Coupaw as confidential or private, that fact will be stated on those pages. By posting comments, messages or other information on the Site, User grants Coupaw the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose.
User agrees to defend, indemnify and hold harmless Coupaw, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Microsites by User.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. "Coupaw" is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The Content on Coupaw, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by Coupaw. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to Coupaw, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and and international conventions. Content provided by Coupaw is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and Services.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to Coupaw a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing:
The communications between you and Coupaw use electronic means, whether you visit the Site or send us emails, or whether Coupaw posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Coupaw in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Coupaw provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against Coupaw arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and Coupaw; (3) the arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User's and/or Coupaw's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Coupaw will pay as much of the End User's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Coupaw shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.
Coupaw is located at 17 Barstow Road, Suite 305 Great Neck, NY 11021 . If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.
This Agreement and any operating rules for Coupaw constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
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