The following Terms and Conditions constitute a legal
“Agreement” – the contents of the contract between Duag Wave and the Affiliate
“Program” – The affiliate program as set out on the Site and is governed by this Agreement.
“Affiliate” – Party who agrees to take part in the Program. If you are an individual, you represent and warrant that you are at least 18 years of age on the effective date of this Agreement.
“Link” – HTML link provided to the Affiliate to link to the Affiliate’s website to the Site.
“Site” – https://www.duragwave.com/ website.
1. The Agreement
1.1. An Affiliate must provide full legal name, valid address, e-mail address and any other information requested in order to create
an Affiliate account.
1.2. Duag Wave reserves the right to update and change the Terms from time to time without notice.
1.3. Any modifications or changes to the Program shall be the subject to these Terms.
1.4. Affiliates may not use the Program for any illegal or unauthorized purposes.
1.5. Violation of these Terms and Conditions may result in suspension of your right to be an Affiliate and may result in lost commissions and/or removal from the Program.
2. Modification of
case of any modifications to the Terms and Conditions in this Agreement, the Affiliate will be notified by e-mail. If the Affiliate refuses to accept any modification, the Affiliate’s only option is to terminate the Agreement.
3. Affiliate Account
In order to join the
4. Legitimate Methods of Advertising
4.1. Affiliate is permitted to use links, discount codes, any related banners, or text advertisements provided by
4.2. The promotion should include the offer, discount code (if applicable), link provided by
4.3. Affiliates must remove invalid codes and banners from their website, social media accounts or email offers once they become outdated or are no longer working.
4.4. Affiliates coupon codes and links are not to be promoted on third party websites such as coupon databases.
4.5. Any sales that have been generated through improper promotion will result in loss of commission.
5. Copyrighted Material
6.1. Affiliates shall receive a commission for referring authorized sales via links provided by
6.2. The commission is based on the net price (net of any discounts provided to the customer) of the product that is sold. Payments are made only once an Affiliate has generated a minimum of $25 worth of commissions. Commission payment will be transferred via PAYPAL only.
6.3. Commission rates may be changed at any time by
6.4. It is the Affiliate’s ongoing responsibility to determine whether a payout associated with any particular link provided has been discontinued by Durag Wave.
6.5. The commission is paid only on links that can be tracked and reported by
6.6. Refunded payments due to fraud, returns, or any other reason do not qualify for commission fees. To the extent a customer receives a refund, no commission shall be paid to the Affiliate.
7. Durag Wave Obligations
Durag Wave agrees to undertake the following obligations:
7.1. Providing the Affiliate with promotional materials, such as links, coupon codes, banners and any other graphic materials
7.2. Processing all orders for
7.3. Tracking sales generated via the Affiliate’s links.
7.4. Providing timely payment processing, cancellations, returns and
8. The License
8.2. Affiliate cannot modify or change any materials provided by
8.3. Both parties agree not to use the other party’s materials in any manner that could be construed or considered to be misleading, or disparaging or otherwise portrays the other party in a negative light.
8.4. Any inappropriate use of the promotional material may be cause for immediate termination of the Agreement.
The Term of the Agreement shall commence upon
DURAG WAVE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE DURAG WAVE WEBSITE OR ANY OTHER WEBSITES MAINTAINED AND OPERATED BY DURAG WAVE OR THE PRODUCTS OR SERVICES PROVIDED THEREON OR OTHERWISE OFFERED BY DURAG WAVE, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, DURAG WAVE MAKES NO REPRESENTATION THAT THE OPERATION OF ANY DURAG WAVE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND DURAG WAVE IS NOT LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Limitation of liability
DURAG WAVE WILL NOT BE LIABLE TO THE AFFILIATE UNDER OR WITH RESPECT TO THIS AGREEMENT UNDER ANY THEORY IN OR OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS, DEFECTS IN THE SERVICE PROVIDED BY
You hereby agree to defend, indemnify and hold harmless
13.1. 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
13.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
13.3. With respect to any provision of this Agreement under which your right to act is conditioned upon the authorization, consent or approval of
13.4. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Georgia without regard to the conflicts of laws and principles thereof. Any dispute arising out of or related to the Program, this Agreement and the other
13.6. This Agreement represents the entire agreement between
13.7. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
13.8. If any provision of this Agreement is held by a court of competent jurisdiction, in a final non-appealable order, to be invalid, illegal or contrary to public policy, the Agreement shall be construed as though such provision did not appear herein, and the remaining provisions of this Agreement shall continue to be in full force and effect. The parties, however, shall make a good faith effort to replace the invalid provision with a valid provision which most closely reflects the original intent of the parties.
13.9. The failure or delay of