Denny Mfg

Affiliate Terms & Conditions

 

Introduction:

 Thank you for considering the Denny Mfg. affiliate program. Our affiliates are very important to us. We pledge to do our best to treat each and every one of our affiliates with the respect and fairness they deserve. We simply ask for the same in return. This agreement is designed with you in mind, as well as protecting you, Denny Mfg. and our customers. Please read thoroughly.

If you have any questions pertaining to these Terms and Conditions or the Denny Mfg. Affiliate Program in general, please do not hesitate to contact us at ambassadors@dennymfg.com

 We look forward to working with you,

 The Denny Mfg. Team

 

 Affiliate Program:

 This agreement describes the terms and conditions for participation in the Denny Mfg. affiliate program. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, “Denny Mfg.” refers to Denny Manufacturing with whom you are entering this agreement. Please read this agreement careful as it represents a legally binding agreement between you and Denny Mfg. By submitting your application and by your use of the Affiliate Program, you are confirming that you have read the agreement and agree to comply with all of the terms and conditions set out in this Affiliate Agreement. Denny Mfg. may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that Denny Mfg. believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.

 Application Process:

 Once you complete an application to become an Affiliate, we will review your application and notify you whether you have been accepted to participate in the Affiliate Program, or not. Before we accept an application, we may want to review your application with you, so we may reach out to you for more information. We may require that you complete certain requirements or certification(s) before we accept your application. If we do not notify you that you are accepted to participate in the Affiliate Program within thirty (30) days from your application, your application is considered to be rejected.

 If you are accepted to participate in the Affiliate Program, then upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below.

 We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

 Relationship of Parties

 Denny Mfg. and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on Denny Mfg's behalf.

 Age

To enroll in our Affiliate Program, you must: be at the age of majority in your jurisdiction or the age of 18 whichever is greater have the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth herein, complete and submit the online application through the Affiliate Dashboard; be enrolled or accepted by Denny Mfg. into the Affiliate Program.

 Website Regulations

 Affiliate agrees that Affiliate’s website, service or correspondence does not contain any materials that in Denny Mfg.’ sole discretion are considered to:

• Promote adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual, or provocative images in violation of legislation in your local jurisdiction;
• Includes violent, obscene, defamatory, libelous, slanderous and/or unlawful content;
• Promote hate speech, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group;
• Incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
• Includes “Denny Mfg.” or variations or misspellings thereof in its domain name and as keywords in PPC campaigns
• Promote politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities;
• Promote gambling, including without limitation, any online casino, sports books, bingo, or poker;
• Contain software downloads that potentially enable diversions of commission from other affiliates in our program;
• Make representations through code, designs, imagery, video, text or otherwise that makes your website resemble the Denny Mfg. Website in a manner which leads customers to believe you are the Denny Mfg. Website, business or a legal representative of Denny Mfg. in any way.
• Offer rebates, coupons, or other form of promised kickbacks from your Commission as an incentive. Adding bonuses or bundling other products with Denny Mfg., however, is acceptable, if prior permission is received from the Affiliate Program Manager.
• Generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Affiliate Program links must direct users to the Denny Mfg. Website
• User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to the Denny Mfg. website” is NOT allowed).
• Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the Denny Mfg. Website or sets a cookie. Affiliates with such text will be removed from the program immediately.
• Affiliates may not bid on or use phrases, such as Denny Mfg. Coupon(s), Denny Mfg. Discount(s) or other phrases implying coupons are available. Any misspellings of our brand name in combination with coupon/deal/savings or any synonyms or similar alterations of these words are also strictly prohibited.
• Affiliates may not use misleading text on affiliate links, buttons or images to advertise anything besides currently authorized deals to the specific affiliate. The commercial purpose of the Affiliate’s marketing efforts must be clearly identifiable. The Affiliate shall not disguise its affiliate marketing efforts as consumer recommendations or as similar non-commercial messages.
• Denny Mfg. reserves the right, at any time, to review your link placement and either approve or disapprove the use of your affiliate links and require that you change the placement of links or ask you to comply with these guidelines.
• The Affiliate is solely responsible for the maintenance and information updates on your site. For example if Denny Mfg.’ pricing policy changes, it will be up to the Affiliate to update this information. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
• It is your sole responsibility to follow all applicable laws, regulations, government decrees, authorities’ decisions and the like relating to:

1. protection of intellectual property;
2. marketing of goods and services;
3. unfair business practices; and
4. any other similar field of regulation that pertain to your website or any promotional materials on your website. If you violate any such rules of law or any third party presents any allegations or claims that pertain to information you place on your website and promotional materials you use, you will indemnify and hold Denny Mfg. harmless for any and all costs arising out of any such violations, allegations or claims.

 Affiliate Dashboard

 As a member of the Affiliate Program, you will be granted access to the Affiliate Dashboard. Here you will have an option to review the details of our Affiliate Program including our promotional materials, such as affiliate links to web pages within the Denny Mfg. Website and banner creatives. You will be free to browse and get tracking codes for our deals if and when they are available. In order for us to accurately keep track of all guest visits from your site to the Denny Mfg. Website, you must use the affiliate link that we provide for each banner, text link, HTML code or any other promotional material listed.

 Commissions

 In order to receive payment under this Agreement, you must have: (i) agreed to the terms of this Agreement (generally completed through the Affiliate Tool); (ii) completed all steps necessary to create your account in the Affiliate Tool in accordance with our directions, (iii) have a valid and up-to-date PayPal account and updated the Affiliate Tool with such account (iv) completed any and all required tax documentation in order for Denny Mfg. to process any payments that may be owed to you.

 For a sale to generate a commission to an Affiliate, the customer must complete an order and remit full payment for the product(s). Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links, or uses affiliate codes. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.

 In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.

 Commission amounts per product/service sold may be changed by Denny Mfg. at any time. This information is available to you in the Affiliate Dashboard. You are solely responsible for determining if the Commission amount for an affiliate link you have placed on your website has changed or been discontinued.

 Self-referrals for affiliate purchases are strictly prohibited. This means that you cannot refer yourself, your immediate family or the company you work for by using your affiliate link. You will not receive a Commission on any purchases by yourself for your own use, your immediate family members or the company you work for.

 In the event that Affiliate materially breaches this Agreement and Denny Mfg. terminates this Agreement any accrued and payable Commissions owing to Affiliate shall be forfeited, and Denny Mfg. shall not be obligated to pay such Commissions to Affiliate.

 We reserve the right to remove Abandoned Affiliate Accounts from our system if their balance is equal to or less than $50 after a 6 month period of inactivity. In this case any accumulated commissions below $50 (minimum payout threshold) will be forfeited.

 Payment

 Denny Mfg. will make commission payments monthly on all transactions that have exceeded the 45 day return policy.

 No cash commission payment shall be made unless the total accrued unpaid commissions exceed the minimum threshold of $50. The commission due are calculated in accordance with the statistics and balance that are collected, calculated and displayed on the Affiliate Dashboard. The only valid statistics used for determining Commissions will be those displayed in the Affiliate Dashboard.

 Taxes and Fees

 Affiliates are responsible for payment of all taxes applicable to the Commission.

 Affiliate is responsible for any and all charges, fees, taxes, exchange rates, surcharges and other expenses arising out of the Affiliate relationship with Denny Mfg. including those incurred in order to receive affiliate payments.

 Indemnification

 You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, (b) our use of the prospect data you provided us, (c) your noncompliance with or breach of this Agreement, (d) your use of the Affiliate Tool, or (e) our use of the Affiliate Marks. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

 Governing Law, Jurisdiction, and Attorney Fees

 This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Alabama. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Mobile County, Alabama.

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

 Electronic Signatures Effective

 The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Denny Mfg. affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Denny Mfg. application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

 Modification

 We may modify, add or remove any of these Terms and Conditions at any point in time. In such event, you will need to comply with a revised version of these Terms and Conditions when prompted to do so in the Affiliate Dashboard. If any modification is unacceptable to you, your only option is to end your association with the Affiliate Program by closing your account.

Continued participation in the Affiliate Program will indicate your agreement to the changes and your adherence to any modified Terms and Conditions.