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TERMS OF USE

  1. BINDING AGREEMENT. These Terms of Use act as a binding agreement (“Agreement) between you and Found First Marketing Inc. (“us”, “we”, “our”). By accessing this website (the “Site”), you acknowledge constructive notice of these Terms of Use and your agreement to be bound by the language herein.
  2. PRIVACY POLICY. We believe in being transparent when it comes to our privacy and information collection practices, so we’ve published a Privacy Policy for your edification.
  3. GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of Saskatchewan, Canada, without reference to rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the courts in Saskatchewan, in all disputes arising out of or related to the use of the Site or these Terms of Use.
  4. AGE. The Site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the Site.
  5. USER CONTENT. You grant us a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”), you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use the User Content in connection with the operation of our business, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content. You will not be compensated for any User Content. You agree we may publish or otherwise disclose your name in connection with your User Content. In posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute it.
  6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site, you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademarks, and other intellectual property laws. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
  7. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content to the Site that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
  8. NO WARRANTIES. WE ARE MAKING THE SITE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
  9. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR INFORMATION PROVIDED ON THE SITE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
  10. AFFILIATED SITES. We work with a number of partners and affiliates whose websites may be linked to within the Site. Because we do not have control over the content and performance of these partner and affiliate sites, we make no promises or guarantees about the accuracy, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
  11. PROHIBITED USES. We impose certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. You are further prohibited from copying any content on the Site, whether manually or through automated means, without our express permission. Any violation of system or network security may subject you to civil and/or criminal liability.
  12. INDEMNITY. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless us from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  13. COPYRIGHT. All contents of Site are Copyright 2024 Found First Marketing Inc. All rights reserved.
  14. SEVERABILITY; WAIVER. If, for any reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
  15. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
  16. AMENDMENTS. We reserve the right to amend these Terms and shall do so by posting a notice on the Site. Said amendment shall be binding 30 days after being posted to the Site. You may reject the amendments by opting out of our email list.

Affiliate Program

Participation

When joining the program, and upon our approval, you will be appointed as a non-exclusive affiliate, and you shall act to refer new potential customers to purchase our products and services. As our affiliate, you may not present yourself as a part of DailyWritingTips, and may not create any obligation on our behalf.

Your participation is personal, meaning that you cannot have sub-affiliates or share your affiliate fees with anyone else.

If we believe that your promotional material is problematic, offensive, illegal or otherwise objectionable, we may terminate your participation in the program.

You represent and warrant that you are able to participate in the program, that you will only act in a legal, bona fide manner and that you will not infringe on any intellectual property right or act in any deceptive practice when participating in it.

Promotional Material

We reserve all our Intellectual Property Rights; and we provide our affiliates a limited, temporary, non-exclusive, non-transferrable, non-sublicensable license to use our trademark, brand name, and promotional materials, and such license is limited only to the use in promoting our products and services.

Termination

We reserve the right to terminate your participation in the Affiliate Program at any time, by providing you with notice of such termination (to the email account with which you applied to the Program), and with immediate effect. When we terminate our relationship, you must cease using all of our intellectual property.

In any case we suspect any breach of these terms, we may also suspend your affiliate code until we receive sufficient evidence from you that shows that no breach of these terms occurred. In such a case, we may require review of your books and records prior to reinstatement.

Upon termination due to breach (save for termination due to inactivity), we shall retain all funds in your account.

In case we believe that your account is inactive, meaning it did not earn any commission or receive any visits using your referral link, then we may decide to close down your account. In such a case, your pending balance, We will not use this right without providing you notice of at least 14 days, allowing you the time to market and promote your referral links and restore your “active” status.

Commission

Each affiliate will be provided with a fixed affiliate commission that we will notify in writing. Affiliation programs may be time limited or limited by the amount of discounts used using the affiliate code.

We pay our commission for qualified leads; a qualified lead is a new customer, who subscribed to our service within a certain duration of days of first clicking a link you placed, and who made a purchase using our services. We will not pay a commission for self-dealing, i.e using the affiliate program to get discounts.

The commission shall be calculated out of our net revenues from your qualified leads, which means our total revenues, minus taxes, chargebacks, cancellations, coupons, bad debt, collection costs, clearing costs and payments made in order to collect the payment.

The means of tracking your qualified leads shall be by placing a link that includes your tracking tags, pixels, and code we provide you.

You agree that our books and records are deemed as accurate and that our tracking is final.

Payment

We pay our affiliates on a periodic basis when their commissions reach a minimum threshold that we determine and post on our website. The payment shall be made via PayPal or any other method we agree upon.

Until the payment is made, the sums specified on your account are not considered debt, and shall not be paid until you reach that threshold.

You shall bear all taxes and expenses relating to the payment, including any fees which may be incurred by your bank.

You are required by law to provide us with an invoice upon payment.

If we provide a qualified lead with a refund, then we may deduct the commission from your future payment, or request that you return such fees. You also agree that we may offset any sums that you may owe us from any future payments.

Each party shall bear its own expenses, and the commission you are entitled to is the sole payment you receive in relation to your services.

Bad Practices

We consider the following as “bad practices” which are prohibited and will cause automatic termination of your participation in this program, as well as forfeiture of all sums you are entitled to.

Please note that if at any time we believe that you acted in bad faith or illegally, we may also cancel your participation and withhold all payments.

The following are considered bad practices: (i) using deceptive practices, encouraging users to click banners or use of any automated means to create traffic; (ii) presenting yourself as a part of DailyWritingTips; (iii) using the DailyWritingTips brand as a part of your domain name, website name, banners or in any form of paid advertising (for example, PPC campaigns); (iv) using domain names that imply any link to the DailyWritingTips brand including the word “One”, “Submit” or similar sounding, looking or typed names; (v) spamming; (vi) buying traffic; (vii) using paid search or keyword advertising using our Intellectual Property Rights or brand name to drive traffic to your site or to the banners; (viii) offering coupons or discounts without our consent; (ix) offering others a part of your commission; (x) using words like “deal”, “sale” or “discount” in a deceptive manner or in a way stating that there is any discount, rebate, cash-back or other reduced payment for the services when there isn’t.

All websites which you use to promote DailyWritingTips must have a prominent privacy policy, which is acceptable under the relevant privacy protection laws, as well as provide a prominent notice on the collection of data made by us using the tag, pixel, and code.

This list is non-exhaustive, and we may block any practice that we believe is bad and terminate or suspend your account due to it. Bad Practices also include any illegal or unauthorized advertising, infringing intellectual property rights, invading users’ privacy, or otherwise using any advertising in violation of local laws and regulations.

Confidentiality

Our relationship is confidential; meaning that your commission is confidential, the fact that we paid you is not. You should add a decent disclosure if required by law that you receive a commission for every click on our banner, but you should not tell others what your specific commission is.