Digiaffnet.com (“Site”) is an online platform (“Platform”) for the sale of digital business-related products. These Terms of Service (“Terms” or “Agreement”) govern your use of the Site. If you don't like them, good luck!
For the purpose of this Agreement, when
appropriate, “we,” “us,” “our,” and “Digital Affiliate Network” refer to Digiaffnet, and when we say “you”, “hey you”, or “your” we are referring to the person who
is using our Site.
2. DESCRIPTION OF SERVICE
We provide an personal (by listing our products) and also intermediary service to allow sellers to list their products to potential buyers. We manage and also offer the ability for sellers to manage, track, and deliver their products to buyers via our platform. In addition, we also allow you to track, monitor, and receive alerts about the latest products via our Platform. It is important to understand that with respect to our relationship, we are only a middleman between the buyers and the sellers of products. Although we may offer services that assist those in selling their products, we are not the creator of the product unless we explicitly state otherwise. As such, we assume no responsibility for the content of any product or how a buyer uses it. We have no liability for what may transpire between the product seller and buyer, and in fact we explicitly require you to hold us harmless in the event of problems.
3. REGISTRATION & PAYMENT
If you are using Digiaffnet and have been approved by us (after going through the requirements), you will be able to list your services on our online marketplace as a vendor. Buyer will be able to see your listing when searching digiaffnet.com, place orders, track orders, and much more.
By signing up for an account on digiaffnet.com, you understand, represent and warrant that –
(i)you have read, acknowledged and agreed to be bound by the terms of this Agreement, which is as legally binding as if you signed a written document;
(ii)you will abide by this Agreement and
the processes, procedures, and guidelines described herein and throughout the
website when selling any product or purchasing any product;
(iii)you will be financially, as well as legally responsible, for your use of the website and the sale of any product, and you will also be required to read and agree to PayPal's Acceptable Use Policy and their Terms of Service as well as that of other payment processors listed on our website as our payment processor.
(iv)all information you submit to us is accurate and truthful;
(v)you will maintain the accuracy of such information;
(vi)your use of digiaffnet.com, or any part of the Site, including your listings, does not violate any applicable law or regulation, including any export control laws, licensing requirements, business trade requirements, advertising laws, CAN SPAM, the FTC Act, FTC guidelines concerning disclosures and testimonials, U.S.-EU Safe Harbor Principles, Restore Online Shoppers Confidence Act of 2010, or any intellectual property law;
(vii)you are of legal age to agree to the terms and conditions set forth herein; and
(viii)you have read all pertinent sections of this Agreement regarding disclaimer of our liability.
4. USER SPECIFIC TERMS
As we said before, you may be given the opportunity to create an account on our Site. Different accounts have their own specific Terms, which you must agree to and abide by in order to obtain the benefits each offers. For your convenience, we have provided the following Terms that you agree to which are specific to each account type.
A. AFFILIATE TERMS
In addition to the requirements found in this Agreement, if you decide to become an Affiliate through Digiaffnet you are also agreeing to these specific Terms. As an Affiliate you may be required to provide a tax identification number or fill out a W9 if you earn more than $600. In addition, you agree that:
As an Affiliate you will not attempt to set any cookies, web beacons, or clear gifs through the Digiaffnet system on your own website, or any other website, via iframes, or in any way outside of the normal process used by Digiaffnet;
When promoting a Digiaffnet-powered product all advertising, marketing, mailing, or promotion must be CAN-SPAM compliant, FTC Act compliant, compliant with the FTC guidelines regarding testimonials and earnings claims, and must include a working unsubscribe link that allows the receiver to be unsubscribed immediately;
With respect to emailing, Affiliate must make sure that all emails: (ii) do not have a "from line" that is false or misleading and does not accurately identify a person initiating the e- mail; (iii) do not have a subject line that is misleading, false or misrepresentative or is likely to mislead the recipient about the content or subject matter of the e-mail; (iv) must have a clear and conspicuous identification that the e-mail is an advertisement or solicitation, (v) must have a clear and conspicuous notice of the opportunity to decline to receive further communications, (vi) must have a valid physical postal address of the Affiliate, and (vii) must have a functioning return e-mail or other Internet-based reply mechanism; and finally any opt out requests must be complied with;
You must scrub any email lists with any
suppression list that is provided to you;
You agree to issue refunds for payments made to them that are within the published refund policy for the particular item in question. Refunds should be made within 24-48 hours of the request being made, and in no circumstances should take longer than 7 days to be processed;
You will not use any third party trademarks in any way to direct traffic or solicit sales which includes purchasing keywords from search engines, social media sites, or use any derivative of such mark, service, or brand name;
You will not buy products through their own affiliate links in an attempt to get a product at a discount or no cost;
If applicable, all endorsements and/or testimonials reflect the experience of the endorser with the specific product, is adequately substantiated, accurately depicts any earnings claims or the general results of using the Digiaffnet-powered product, and are real, verified, and supported by an affidavit;
You will not make any claims about any product or other Digiaffnet-powered product that is not explicitly stated in the advertising creative or that is provided to you
You will not use any fraud or deceit when
marketing any Digiaffnet-powered product, as determined by us. Any suspected
fraud or deceit will lead to the forfeiture of any payments owed to you as well
as possible recuperation.
B. VENDOR TERMS
If you sign up to sell your products on our
Platform you will be agreeing to the following Terms.
Vendors must use the provided Digiaffnet hosted buy button code (link and image) in their sales page. They may use their own buttons/images in addition to the Digiaffnet button, as long as the Digiaffnet button is used at least once;
Vendors using the service in their sales page must not use any other payment system, or link to any external page that allows buyers to purchase their product outside of the system;
Vendors may choose to allow affiliates to promote the listings they create on Digiaffnet. By electing to have affiliates and setting a default commission percentage, you are also agreeing to allow Digiaffnet to be an affiliate for your product for the same commission rate;
Vendors are welcome to set their return policy to be any length (including no returns allowed), but affiliates are only required to make refunds if they are requested within 60 days. For return policies over 60 days, vendors are responsible for making the full refund regardless of who was paid;
At this time, a Digiaffnet account is NOT required to purchase products through our system although we reserve the right to change this at any time;
Digiaffnet does not provide support for products/services listed using our service.
We will not be responsible or liable for any products or services listed with us, including support. In order to obtain support for any product or service you will need to contact the vendor using the email address or website listed on the download page;
You will not share your download links with anyone else and will take precautions to ensure that this information is not accessed by anyone else. If we discover that the download link has been used more than once, and have a reasonable suspicion that you have shared your link we reserve the right to charge you for the number of downloads;
Access to the download page for a purchase is limited to the original purchaser only;
If you request an "unreasonable" amount of refunds on purchases made through our system, we may block you from making future purchases. We reserve the right to determine, in our own discretion, what is unreasonable or reasonable. (We will also label you a "serial refunder" and might even email your social media friends and tell them how dubious you are)
You will not initiate any chargeback or file any dispute with any billing service or payment processor without first complying with the Vendors refund policy or contacting our support desk. This would start with contacting the vendor first, then escalating to the our support desk, the payment processor's dispute process, and then to their bank as a last resort. Failure to follow these guidelines may result in a negative impact on your credit;
You agree to hold Digiaffnet harmless for any damages that may result from your use of any product or our Platform.
5. FTC ADVERTISING AND OTHER DISCLOSURES
Wouldn't it be great if money grew on trees? If it did, you can be sure we'd have a product talking about how we made $137,783,223 dollars by using one simple trick to sell chain saws (kidding). Since that isn't the case, we have to let you know, we are compensated in many ways including, but not limited to, the use of affiliate links to a particular product, advertising a product, and other ways not prohibited by this Agreement or law. We may also receive compensation for reviewing specific products, however we strive to only provide honest reviews whether paid or not. In addition, we are not responsible for any of the claims made, nor do we vet every single product for legal compliance.
Although we may provide links or review certain products, it is up to you to determine whether or not that product is a good fit for your needs. We are not able to verify the truth, accuracy, or quality of every single product and therefore your use or download of any product is at your own risk. Your use of the Site means you agree to hold us harmless from any damages that may occur as a result of your purchase of or attempted use of any particular product that we may have listed on our Site. Your sole remedy is against the provider of that product.
Unless otherwise noted, we do not endorse, recommend or favor any products or any particular product, nor do we act as an agent for any product developer. Although a seller may utilize our Site as a platform to sell their product our relationship with them is limited.
6. PROHIBITED CONDUCT
Below we have listed some things that are
prohibited. Some of you may ask “how do I know if its prohibited ?The answer is determined in our
sole discretion what is prohibited and reserve the right to take any action.
That being said, whether you're viewing, interacting, using, or are a member of
our Site you agree to
Act shady (we determine what is shady)
Act like a fool (we, or Mr T, determine whether you are acting a fool)
Act offensive or defame anyone,
Use an offensive username or post content on our website that we find to be objectionable or offensive. This includes, but is not limited to, pornography, unlawful content, anti-Semitic material, threats, spam (not the food), and content which encourages unsafe acts (like running with scissors).(since the business conducted on here is our business, we get to determine what is objectionable and offensive at our sole discretion);
Use our website to spam people or solicit business from others without our permission.
Hack, crack, phish, or otherwise compromise the integrity, safety, or security of Digiaffnet.com or its users;
Infringe on others' intellectual property rights, including copyrighted works and trademarks or service marks;
Initiate, or threaten to initiate, any legal action against our site for the removal of a review or post that you do not like or feel is erroneous or defamatory;
Run any script or other program that does or intends to search, index, or aggregate Digiaffnet.com without our express permission.
Be assaultive or discourteous to anyone who uses Digiaffnet.
Damage, steal, or otherwise interfere with a Buyer's property.
Anything that we don't like
If you have signed up for our Alerts feature you will receive the latest information about products, or any other features that you have requested. By signing up for this feature you agree to receive emails, and that we are allowed to send you emails pursuant to CAN-SPAM Act of 2003, 15 U.S.C. 7701. In the event we offer SMS alerts, you also agree to receive such alerts and pay for any and all charges. Although we endeavor to provide the most up to date information we cannot be responsible for any errors in price or description, or the availability of any product.
8. INTELLECTUAL PROPERTY
As a user of Digiaffnet.com, you may be able to list your product as well as other content. By providing such content you are giving us a limited license to publicly display this information, which we hope will lead to more sales for you. You also are giving us permission to republish this information elsewhere, including on our Newsletter, Social Media site, or anywhere else. This license is revocable, universal, and can be used both commercially and non-commercially without any additional payments due. In addition you are granting to Digiaffnet the right to use your name in connection with any product or the advertising for any feature of the Site, marketing the site, or promoting the Site in any media.
In addition, some of the products may
utilize the name of a business or person. In doing so, you must make sure you
have permission to use those intellectual property rights, or that your use is
fair use. No matter what, you agree to indemnify us for any loss, realized or
potential, that results from your use of someone else's name, trademark,
copyright, or intellectual property right.
9. ENFORCING OUR RIGHTS
We have an army of ninja's at our disposal if you violate these terms. Seriously, a whole bad ass gang of ninjas with swords and those throwing stars. Don't make us use them. That being said, we love the word discretion. We love it because it means we do what we want, when we want, and we reserve the right to take any action necessary to preserve our rights in our sole discretion. So in other words we enforce this Agreement against all users, but if don't enforce a particular provision against you or someone else it doesn't mean we like you any better it just means we're using our discretion and not waiving any of our rights.
10. DISCLAIMERS, WARRANTY, AND LIMITATION OF LIABILITY
As mentioned before, we are an intermediary
between buyers and sellers of products. Any issues that may arise concerning
the purchase of any product are between you and the creator of the product.
While we may have certain responsibilities connected with our Platform those
responsibilities are limited. We may terminate the sale of any product for any
reason, without notice, and without any compensation for any loss.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE PURCHASE OF ANY PRODUCT, OR PARTICIPATION IN THE DIGIAFFNET PLATFORM. DIGIAFFNET PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, PLATFORM, ANY PRODUCT INFORMATION PROVIDED THROUGH THE SITE, OR VIA THIRD PARTY LINKS, OR VIA EMAIL ALERTS, AND DIGIAFFNET SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH USE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, OR ANY PRODUCT OR OTHER INFORMATION PROVIDED THROUGH THE SITE OR VIA OUR PLATFORM. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
IF YOU, OR THE ENTITY YOU REPRESENT, ARE A LOCATED IN A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
WE DISCLAIM ALL LIABILITY TO THE FULLEST EXTENT PERMITTED. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER, EVEN IF WE KNEW OR SHOULD HAVE KNOWN. OUR LIABILITY IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY, TO THE EXTENT PERMITTED BY LAW OR TO THE AMOUNT YOU HAVE PAID UNDER THIS CONTRACT FOR THE PAST YEAR.
You agree to indemnify us and to defend Digiaffnet,
its affiliates, officers, suppliers, buyers, service providers, partners,
product authors, copyrighters, or representatives for any lawsuits, demands,
infringement notices, or any other legal actions brought as a result of your
conduct that causes us, or any of our affiliates to be sued, you agree to pay
for the costs, liabilities, and legal fees.
12. FORCE MAJEURE
Even if we would otherwise be responsible
for damages, you agree not to hold us liable for any damages caused to you that
arise from circumstances beyond our control, including but not limited to acts
of God, war, terrorism, riots, insurrection, acts of civil or military
authorities, fire, zombie attacks, floods, accidents, strikes, failure of
communications, or shortages of transportation facilities, fuel, energy, zombie
attacks, labor, materials, or by any shortages of water or government imposed
restrictions on the use of any products, water, or other material required to
perform any services or that is used in the normal course of business by any
service provider or any other important infrastructure.
Our payment processing service requires a valid credit card. You agree to pay all charges at the prices in effect at the time you entered into this agreement and any time you make any purchase through our Site. We reserve the right to correct any errors or mistakes at any time, and you agree to pay all amounts billed to you. Because of the nature of the services we cannot offer refunds. Any violations of these terms may result in the cancellation of your account, of which you will be given no refund.
14. RIGHT OF MODIFICATION OR ALTERATION
As we evolve we may want our Terms to
evolve with it, so we reserve the right to modify this Agreement from time to
time. Now, since we are nice we will notify you of any changes made by making
the revised version(s) available on our website. It is your responsibility to
regularly review this Agreement, as the terms are binding and you agree that by
your continued use after we have posted any modifications indicates your
acceptance of these terms.
15. TERM OF AGREEMENT
This Agreement shall remain in full force and effect while you access or use digiaffnet.com. You may terminate your digiaffnet account at any time by following the instructions on digiaffnet.com
16. TERMINATION/DEACTIVATION OF SELLER ACCOUNT
We may terminate or suspend any and all of
our services, and deactivate your account immediately and without prior notice
or liability if you breach any of the terms or conditions stipulated in this
Agreement. In doing so, we may also disable access to terminate any product that
you have for sale or may be selling on the Site.
You may not transfer or assign this Agreement. Digiaffnet may freely transfer, assign, or delegate this Agreement if we are bought, sold, or acquired.
18. TAX LIABILITY AND LEGAL RESPONSIBILITIES
You are solely responsible for satisfying all sales, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale using affiliates.
19. THIRD-PARTY WEBSITES
digiaffnet.com may contain links to third party websites (the “third-party websites”) that are not owned or controlled by us. When you leave our Site you must be careful as we have no control over, and assume no responsibility for the accuracy of information/data available on, or practices of, or opinions expressed on any third-party website.
20. DISPUTE RESOLUTION
Any dispute involving this Agreement, any sales, or connected to our Site in any way must be litigated in, and governed by, the laws of Nevada without regard to conflicts of laws principles. Any actions will be brought in Las Vegas, Nevada, and the prevailing party in any dispute will be entitled to their reasonable attorneys' fees and costs.
21. SEVERABILITY OF PROVISIONS
In the event that any condition of this Agreement can't be upheld, the rest of the Agreement will remain in effect.
22. COPYRIGHT INFRINGEMENT
We are opposed to copyright infringement. As such, we are registered in accordance with the Digital Millennium Copyright Act (“DMCA”) to receive notices of infringement. To send us a DMCA takedown notice, please contact:
The DMCA notice should identify the name of
the copyright owner and if applicable, your name if you are someone other than
the owner, the title (and preferably URL, if Internet-based) of the work being
infringed, the location of the infringing material on digiaffnet.com, and the
following statement (without the quote marks):
“I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
You must sign the notice, and if you send
it by e-mail, an electronic signature is fine.
Except for any failure to make required
payments neither party shall be liable for any damages when the failure to
perform is due to an act beyond their control. In addition, no express or
implied waiver by either party of any event of default hereunder shall in any
way be, or be construed as, a waiver of any future or subsequent event of
default. The respective rights and obligations of the parties shall survive the
termination of this Agreement.
Last Update: January 2nd, 2020