Dimers Pro Affiliate Terms and Conditions

Affiliate Program Terms and Conditions

PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY.

By signing up to be an Affiliate in the iRival Media LLC Affiliate Program ("Program"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

This is a contract between you (the “Affiliate”) and us (“iRival Media”). It describes how we will work together and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese” but we have tried to make it as readable as possible.

The Affiliate Program Agreement applies to your participation in our Program. These terms are so important that we cannot have you participate in our Affiliate Program unless you agree to them.

We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of an existing program, including our partner programs. If we update or replace the terms we or the Affiliate Platform will let you know via electronic means, which may include an in-app notification or by email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.

To begin the enrollment process, you must submit a completed Program application via https://dime.rs/affiliate-apply. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application at our sole discretion.

As an Affiliate of iRival Media LLC, you agree to the following:

• That you have the requisite power and authority to execute, deliver and perform obligations under this agreement.

• Ensure that your website and marketing activities comply with all applicable laws, regulations, and guidelines.

• Maintain accurate information in your profile and promptly update any information that has changed.

• Use the provided links and promotional materials responsibly and accurately.

• Not engage in any fraudulent activities or practices to generate referrals.

• Without written permission, not run paid marketing for keywords such as Dimers and DImers Pro

• Without written permission, not attempt to rank for organic search queries related to Dimers Pro promo codes, discounts or bonus codes

• Use efforts to actively and effectively market and promote the domain and the links in accordance with the terms of this agreement.

• Follow Dimers Pro brand guidelines, using the correct logos and assets provided

• Not share your ‘Free Dimers Subscription Code’ which will be given to you for your own personal use only

• Ensure that domain and socials handles where Dimers Pro is promoted  meet the required standard, confirming that no domain or social handles include any of the following: : 

• is obscene or indecent, including for these purposes both so‐called ‘hard’ and ‘soft’ adult content;

• is discriminatory, including on the basis of gender, race, religion, disability or sexual orientation;

• is hostile or offensive, including so‐called ‘hate speech’ and threats or incitements to violence;

• fails to respect the legal rights of others, including infringements of the intellectual property rights or others such as file‐sharing or other forms of piracy;

• is directed at individuals under the age of 21; or

• is defamatory of others.

Our services are intended for Adults aged 21 years and over.  As an Affiliate of iRival Media LLC, you agree to advertise Dimers and it’s products strictly to adults aged 21 and older.

Once you have been notified that your site or social media profile has been accepted into the Program, you will be given a unique affiliate URL and/or  unique promo code. You may place links, banners, or other graphics provided by us with your affiliate URL on your site, in your emails, or in other communications. We will provide guidelines, link styles, and graphical artwork to use in linking to our site.

• Dimers Pro affiliates receive 40% commission from each referred customers for the first 24 months of a customer's subscription.
  
  Examples:

  • 1 x annual subscription at $249, x 40% = $99.60 affiliate commission 

  • 3 x consecutive months at $24.99 per month, x 40% = $29.98 affiliate  commission

• Commissions will be paid on a monthly basis, provided you have met the minimum threshold of $100 in earnings. If your account does not meet the minimum threshold, your earnings will be carried over to the next payment period.

• Payments will be made by the 20th of each following  month (ie January commissions will be paid by February 20th) if the 20th falls on a business day, or the soonest business day following the 20th.

• Commissions are calculated based on net sales of Dimers Pro subscriptions, which exclude costs for stripe fees, chargebacks and refunds at our discretion.  

• Payments will be made via PayPal or by submitting your nominated bank account.

• Affiliate agrees it is their responsibility to provide accurate Paypal and/or banking details that match their identity in order to receive payment of commission.

• Affiliates are solely responsible for payment of all of their own income taxes, social security taxes, insurance and other such contributions.

Affiliates  acknowledge and agree that in the event that I am overpaid commission due to a miscalculation or for any other reason, that they will repay the amount promptly upon request or the amount overpaid may be deducted or set off from any future commission due.

Our affiliate program utilizes a third-party tracking software, PromoteKit, to manage and report affiliate activities. While we strive to ensure accurate and timely reporting, we cannot be held responsible for any discrepancies, errors, or interruptions in service that may arise from PromoteKit's operations. This includes, but is not limited to, PromoteKit's business discontinuation, software malfunctions, or any inaccuracies in the tracking and reporting of affiliate activities. Affiliates acknowledge and accept that any issues related to PromoteKit are beyond our control and agree to hold us harmless for any such occurrences.

• Intellectual Property Rights. All photographs, images, videos, graphics, trademarks, logos, designs, button icons, scripts, text, music, sounds, code, betting systems, betting percentages, player usage statistics, fantasy systems, fantasy trends, fantasy systems, fantasy-related player salaries, fantasy angles, player usage statistics, historical player performance, odds, lines, stadium weather, player prop predictions, stadium trends, patents, copyrights, mask work, trade secrets, and the arrangement thereof (collectively "Content") is  protected by the intellectual property laws of the United States and/or other applicable countries or jurisdictions and is the property of iRival Media LCC and its licensors.

• Content. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license or grant to our Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Content, including without limitation any materials or content accessible on the Site or through the Services.

• Our License to You. Subject to these Terms, we grant you with a non-exclusive, non-transferrable, non-sublicensable, license to use the Site and Services for your personal, non-commercial use only. iRival Media may terminate this license at any time for any reason or no reason.

Either you or we may end this Agreement at any time, with or without cause, by giving the other party written notice. Upon termination, you will cease using all links, logos, and other materials provided to you for the Program and remove all such links from your website.

We grant you a non-exclusive, non-transferable, revocable right to (i) access our site through links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trademarks, and similar identifying material (collectively, “Licensed Materials”) that we provide to you or authorize for such purpose. You may not alter, modify, or change the Licensed Materials in any way.

You and iRival Media LLC are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program, including the Dimers Pro subscription service. In addition, we make no representation that the operation of our site will be uninterrupted or error-free.

Affiliate acknowledges that it will be necessary for Company to disclose certain confidential and proprietary information to Affiliate  in order for Affiliate to perform duties under this Agreement. 

Affiliate acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would harm the Company.

Affiliate will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of Company without Company's prior written permission except to the extent necessary to perform services on Company's behalf.

Proprietary or confidential information includes:

• any materials regardless of form furnished by Company for Affiliate to use

• any information stamped “confidential,” “proprietary,” or with a similar legend, or any information that Company makes reasonable efforts to maintain secret

• business or marketing plans or strategies, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries, and improvements of any kind, sales projections, and pricing information

• information belonging to customers and suppliers of Company, and

Upon termination of Contractor's services to Company, or at Company's request, Contractor shall deliver to Company all materials in Contractor's possession relating to Company's business.

You agree to defend, indemnify, and hold harmless iRival Media and its associated entities and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site or the Services, including, but not limited to, any Content or User Content, (ii) any violation of these Terms of Service or applicable law by you in connection with your use of the Site or the Services, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected materials or User Content utilizing your account information, whether or not known or authorized by you.

iRival Media reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without iRival Media's prior written consent.

In no event will iRival Media, its affiliates or parent companies, and each of their officers, employees, directors, shareholders,  subsidiaries, agents, subcontractors or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any unforeseeable, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of revenues, profits, business, business interruption, business opportunity goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the Services. We will not be liable for damages which you could have avoided by following our advice, including to apply an update, patch or error correction offered to you free of charge or to have in place the minimum system requirements advised by us. We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these Terms that is caused by any event or circumstances beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider's network. In no event shall our liability to you exceed the greater of (a) the total amount of fees you paid us (if applicable) for a period of three months prior to the date you submit a claim; or (b) one hundred dollars ($100.00).

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

Affiliate agrees that the following general legal terms apply:

• This agreement shall constitute the whole agreement and understanding of the parties and supersedes any previous arrangements, understandings or agreement

• In the event of inconsistency between this agreement and any other communication with you, this agreement shall prevail..

• If not stated directly please refer to our general terms at https://www.dimers.com/terms-of-service

By signing up for the iRival Media LLC Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions.