The following Terms and Conditions constitute a legal agreement between Duag Wave and you (“Affiliate”). By signing up to be an Affiliate in the Duag Wave Affiliate Program (“Program”) you agree to be bound by the following Terms and Conditions. Please ensure that you read them carefully prior to signing up.

Definitions:

“Agreement” – the contents of the contract between Duag Wave and the Affiliate in respect to the Program.

“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 Durag Wave Affiliate Program Terms and Conditions

Durag Wave reserves the right to modify or otherwise change the Terms and Conditions of the Agreement at any time. In the
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 Durag Wave network (powered by Refersion), the Affiliate must complete and submit the online application and create a login and password located at https://duragwave.com/affiliate-area/. From this account the Affiliate will be able to track and view sales, and receive commission payments.

4. Legitimate Methods of Advertising

4.1. Affiliate is permitted to use links, discount codes, any related banners, or text advertisements provided by Durag Wave through its Affiliate Program.

4.2. The promotion should include the offer, discount code (if applicable), link provided by Durag Wave Affiliate Program and offer expiration date.

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.

4.6. Durag Wave reserves the right to take legal action against any Affiliate that commits fraud or refuses to comply with the Terms and Conditions set forth in the Agreement.

5. Copyrighted Material

Affiliate is responsible for ensuring that product descriptions and images comply with all applicable copyright, trademark, data protection, any intellectual property rights or any other applicable law. Durag Wave will not be responsible if an Affiliate uses another party’s copyrighted material in violation of the law.

6. Payments

6.1. Affiliates shall receive a commission for referring authorized sales via links provided by Durag Wave Affiliate Program to Durag Wave website. The customer must make a purchase after clicking the Affiliate’s link within 30 days of the initial click-through.

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 Durag Wave and current applicable commission rates may be viewed by logging into Affiliate’s account.

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. Durag Wave is not responsible for any lost revenue or incurred costs as a result of an Affiliate using an invalid link.

6.5. The commission is paid only on links that can be tracked and reported by Durag Wave Affiliate Program. In order for us to properly track any referral, the customer must have their cookies enabled on their web browser. Durag Wave is not responsible for any lost revenue or incurred costs as a result of customers not having their cookies enabled at the time they make a purchase.

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 Durag Wave, in it discretion, believes necessary to properly promote its products.

7.2. Processing all orders for Durag Wave products sold via the Affiliate’s links.

7.3. Tracking sales generated via the Affiliate’s links.

7.4. Providing timely payment processing, cancellations, returns and other related customer service activities for Durag Wave products sold via the Affiliate’s links.

8. The License

8.1. Durag Wave grants to the Affiliate a non-exclusive, non-transferable, revocable right to access the Durag Wave site through certain links provided to the Affiliate by Durag Wave in accordance with the Terms and Conditions of this Agreement and in connection with any promotional materials provided and authorized by Durag Wave.

8.2. Affiliate cannot modify or change any materials provided by Durag Wave in any way.

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.

9. Termination

The Term of the Agreement shall commence upon Durag Wave acceptance of the Affiliate’s Durag Wave’s AffilProgram application action and can be terminated by either party. Affiliation can be ended with or without cause at any time, by one party providing the other party notice of termination in the form of e-mail. Upon termination of the Agreement, the Affiliate will remove all links to Durag Wave’s website, as well as any and all banners and/or graphic images provided to Affiliate in connection with the Durag Wave’s Affiliate Program.

10. Disclaimer

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 REFERSION, ACCESS INTERRUPTIONS TO THE SERVICE, LOSS OF DATA VIA THE INFORMATION HANDLING SYSTEM OR VIRUSES, LOSS OF PROFITS, OR ANY LOSS CAUSED BY ANY THIRD PARTY BY DELETING, REMOVING, DEACTIVATING OR TAMPERING WITH THE AFFILIATE TRACKING SERVICE OR ANY OTHER CONSEQUENTIAL LOSS, WHETHER ARISING FROM NEGLECT, ERROR OR BREACH CONTRACT), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

12. Indemnification

You hereby agree to defend, indemnify and hold harmless Durag Wave, 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”) that directly or indirectly arise out of, relate to, or are based on, in whole or in part, any claim related to any of your site(s), your participation in the Program, and/or your breach of any obligation, representation, or warranty set forth in this Agreement.

13. Miscellaneous

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 Durag Wave. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that could be reasonably understood to contradict anything in this Section.

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 Durag Wave such assent is effective only if delivered in writing prior to the act in question, and may be granted, withheld or delayed by Durag Wave in its sole discretion.

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 Durag Wave Terms, or the subject matter thereof shall be resolved in the state or federal courts of Cobb County, Georgia USA, and you agree to exclusive jurisdiction and venue therein. The prevailing party in any dispute initiated under this Agreement shall be entitled to the reimbursement from the other party of reasonable attorney fees and costs.

13.5. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

13.6. This Agreement represents the entire agreement between Durag Wave and you, and shall supersede all prior agreements and communications of the parties, oral or written.

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 Durag Wave to enforce any of the Governing Terms against you shall not constitute a waiver on the part of Durag Wave of its right to subsequently enforce those or other of the Governing Terms against you.