TERMS & CONDITIONS

OVERVIEW

To be a an affiliate of the Ding Dong Affiliates (Henceforth, “DDA”, “we”, “use” as applicable), you agree to abide by the terms and conditions (“terms”) contained in this Agreement. Please read this agreement carefully before registering and using the DDA website.


By completing the signup page and using the DDA website you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, do not use the service.

You must be at least 18 (eighteen) years of age to be an affiliate and enter into this Agreement.

This Agreement is between DDA and You, as user of the DDA (“You”).


SERVICE DESCRIPTION

DDA has developed and operates an online advertising and marketing network consisting of Publishers that carry advertisement for Advertisers on their websites (the “Network”). The Advertiser is the provider of services which are accessible through the Advertiser Website URL set out in Schedule (together with any replacement or successor URL, the “Advertiser Site”)

The Network is accessible through the URL www.dingdongaffiliates.com (together with any replacement or successor URLs, such as www.crm.dingdongaffiliates.com, www.crm41.dingdongaffiliates.com, respectively the “DDA Site”)


DDA has developed and operates a network from its website www.dingdongaffiliates.com called Ding Dong Affiliates (the “Network”) which allows business owners to run and/or participate in partner programs. You wish to become an affiliate of the Network and utilize the Network as an advertiser or direct Marketer. As an affiliate of the Network, You will be establishing publisher-partnering arrangements with third party members.


GENERAL TERMS

Definitions
“Affiliate” means a person or group, who wishes to promote different offers through different forms of advertisements.


“Business Day” means a day other than a Saturday, Sunday or bank or public holiday in Cyprus.

“Advertiser”, means a product owner or a service provider who pays a commission to DDA for each sale/qualified lead.


“Link” means a hyperlink placed on a Publisher Partner’s website that, when clicked on, serves an Advertiser’s website to the Visitor’s browser. The hyperlink may be in the form of text, a button, a banner or any other format acceptable to the publisher.


GDPR means the European Union General Data Protection Regulation (Regulation (EU) 2016/679);

Services
You may place and remove Links on Your website at your discretion.


You acknowledge that Advertisers:


a) set up the level of commission payable and the structure of commission payment;


b) may change such commission level or structure or discontinue commission payments at any time.


DDA Obligations

DDA will provide email support for the Network.


DDA will pass Publisher data to Advertisers when you sign up to an Advertiser offer through the Network.


Commission Payments and Fees

In consideration for You making sales using the affiliate links on the network, you will receive a commission.

You acknowledge and agree that an Advertiser has the right to cancel any commission payment to You, for reasons including, but not limited to, an order/lead being incomplete or should the Advertiser reasonably believe the transaction to be fraudulent or otherwise invalid.

DDA may cancel any commission earned after the cancellation period, where DDA has cancelled a transaction in exceptional circumstances only.


DDA will inform You by email of the reason for such cancellation.

You will be paid commission subject to you having supplied the following information IN FULL: full name, company name (if appropriate), full address, full bank account details, and a valid VAT number (where appropriate).


DDA may withhold payment for any reason including, but not limited to, suspicion of fraudulent activity.

Money credited to your account does not accrue interest.

How is money transferred to you?

The fee is transferred to You by bank transfer against an invoice until the 20th of the following month.

If You made a purchase, you will receive an email from the company with details of the fees for that month (the email will reach You by the 15th of the following month) and a request to receive your bank account information for transfer.


If You have not received an e-mail, please contact us at billing@dingdongaffiliates.com

What is the minimum transfer?

The minimum payment is 100 Euro.


Registration

The following types of websites are not allowed to participate in the Network: adult websites that display adult banners, Warez websites, ROM websites, and emulator websites. DDA reserves the right to determine if a web site shall not be allowed to participate in the Network.

You agree that you have read the documentation on the Network made available to You and

understand its features and rules.


As part of the registration process, You will select an email and password combination that You will use to access your Publisher area within the Network.


You warrant and undertake to provide DDA with accurate, complete and updated registration information at all times.


You may not select the name of another person with the intent to impersonate that person or deceive Members or other users as to your true identity.


You agree that DDA may rely on any data, notice, instruction or request furnished to DDA by You which DDA may reasonably believe to be genuine and to have been sent or presented by a person DDA may reasonably believe to be authorized to act on your behalf.


You shall notify DDA via Support Centre of any known or suspected unauthorised uses of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your email and password. You shall be responsible for maintaining the confidentiality of your email and password and you are responsible for all usage and activity on your account, including use of the account by a third party authorised by you to use your account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by DDA and referral to the appropriate authorities in the relevant country.


Use of the Services

You agree that Publisher data can be passed on to the Advertisers for their own use as part of their participation in the Network.


You agree that DDA can send email communications to you as part of the service provided by the network, these include but not limited to Network News, Certain offers, video’s, sales letters, Network Alerts &Program Updates. Preferences for optional email communications can be accessed via your email control panel in your DDA interface.

You shall comply with all programme terms and guidelines (the “Rules”) applicable to each advertising programme offered by DDA within the Network You select (each a “Programme”).

You represent warrant and undertake to DDA that:


You have all necessary rights to grant the rights and licences set out in your contract with us

  neither the content you provide to the Network nor any material which you may be linked to through your Network content will contain anything that is defamatory, obscene, false or misleading or which otherwise violates any intellectual property rights or rights of any person;

  use of the content you provide to the Network will not violate any applicable law or regulation. You agree that there have been no guarantees made by us for this content and that no employee of DDA has made a promise or commitment that does not appear here. You agree to indemnify and hold DDA and any of our officers, employees and agents harmless from and against all and any claims, liabilities, expenses, losses, costs or damages incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from any violation or infringement of third party rights, or any breach of any of these terms and conditions.

You shall not provide, promote, distribute, place or otherwise publish as a Publisher of the Network any content, or website that includes content, which is libellous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As DDA may not review all information provided by You, You shall remain solely responsible for Your content and Website.

You warrant and undertake that You shall observe all applicable laws, regulations and the rules of regulatory and voluntary industry organisations and obtain and make payment for or maintain in force all necessary licenses, consents and permissions relating to all materials provided and/or used under this Agreement. You undertake to comply with all applicable EU- and national laws and regulations in force from time to time including, but not limited to, the EU-directive (2002/58/EC) and the General Data Protection Regulation (EU 2016/679).


You Acknowledge and agree that Links shall:

  • not be placed in newsgroups or unsolicited e-mail;
  • be placed in such a way that it is not misleading to any Visitor and with the intention of delivering Valid Clicks to the related Advertiser for that Link.


DDA may deem any website to be inappropriate and may remove the Publisher website from the Network in which event DDA may withhold commission relating to any sales generated through Your Website.

You shall inform Visitors about the use of third party cookies. The Publisher shall post a prominent link to the Publisher’s privacy policy which shall provide detailed information about such processing and an explanation as to how it can be disabled.

Prohibited Uses

You are restricted and prohibited from using the Site, Service or its content, material or information: (a) for any unlawful or illegal purpose or activity; (b) to cause or ask other users or any other individual to execute or engage in any unlawful or illegal activities; (c) to engage in violation or breach of  any international, federal, provincial, state or local laws, regulations, rules, ordinances, or decrees; (d) to engage in infringement or violation of our intellectual property rights or the intellectual property rights of other users or linked websites; (e) to abuse, harass, harm, defame, denigrate, threaten, or discriminate based on race, gender, ethnicity, sexual orientation, religion, national origin, age, infirmity, or disability; (f) to send us incorrect or misleading information; (g) to upload, send, post or transmit viruses, worms, or any other type of malwares that can, in any way, affect the operation or functionality of the Service or of any linked website; (h) to gather, monitor or track the individual information of others; (i) to spam, pharm, phish, pretext, crawl, spider, or scrape; (j) for any obscene, inappropriate, or immoral purpose or activity; or (k) to hamper with or sidestep the security features of the Service or any linked website.


We retain the right to suspend or stop your use of the Service, or any linked website for the violation or breach of any of the prohibited uses.

LEGAL TERMS

Limited Warranty

You acknowledge that the Network, its use and the results of such use are provided “as is” and on a “as available” basis. To the fullest extent permissible by law, DDA gives no warranties to You, express or implied, including, but not limited to, implied warranties of advertiser ability and fitness for a particular purpose, in relation to the Network, its use and the results of such use. Without limiting the forgoing, DDA specifically disclaims any warranty
(a). the Network and its services will be uninterrupted or error free, (b). that defects will be corrected, (c). that there are no viruses or other harmful components (d). that the security methods employed will be sufficient, or (e). regarding correctness, accuracy or reliability.

Limitation of Liability

To the furthest extent permitted by law, DDA, its suppliers or resellers do not accept liability for any claims, liabilities, expenses, losses, costs or damages (including without limitation, damages for any consequential loss or loss of business opportunities and/or profits) however arising from the use of or inability to use the Network or any information provided on the DDA Site or any other hyperlinked website;, or any of its contents, or from action or omission taken as a result of using the Network or any such contents. In addition we do not accept liability for any errors or omissions or claims for losses arising from any free of charge services. Every care is taken to avoid mistakes but we cannot accept liability for any errors due to you, your third parties, sub-contractors or inaccurate copy instructions from any of the foregoing. Any agent who shall place an Advertisement with us shall be deemed jointly and severally liable with the Advertiser to us in respect of all matters including charges relating to the Advertisement and conditions therein contained.

You agree that DDA is the neutral host of the services provided through the Network and has no responsibility or liability in relation to the arrangements that You enter into with Advertisers as part of your use of the Network or the Advertisers’ products or services.


You shall indemnify and keep indemnified DDA at all times against all losses, damages, costs and expenses (including reasonable legal costs) for any third party claims which arise as a result of any breach by You of this Agreement and your negligent acts or omissions.

Representations
DDA makes no representations whatsoever about any website which You may access through the Network. DDA does not endorse or accept any responsibility for the content or the use of any link to a website other than the DDA Site.


Term and Termination

This Agreement shall remain in effect until terminated.


This Agreement may be terminated by DDA or You at their convenience on five (5) Business Days prior e-mail or written notice, or immediately upon notice of any breach of the provisions of this Agreement including, without limitation, if You fail to comply with the Rules.

We will not pay you outstanding Commission if we terminate this Agreement on your failure to comply with the Rules.


On termination of this Agreement, You shall no longer be entitled to use the Network.


You agree that You shall not, for 3 months from termination or expiry of this Agreement, enter into any commercial arrangements with any Advertiser who made sales through Links on Your Site within the 6 months preceding termination or expiry of this Agreement.

Audit
You shall, during the Contract Period and on reasonable notice permit DDA (and its internal and external auditors), access to all accounts and records and other supporting documents and data requested for the purpose of auditing Your use of the Network and Your compliance with this Agreement. The cost of the audit shall be DDA’s unless the audit reveals a breach of this Agreement.

Changes
DDA reserves the right to change, modify, add or remove portions of this Agreement and/or the Rules at any time and may add to, change, suspend or discontinue any aspect of or services relating to the Network at any time. In either such case DDA will notify You via e-mail, newsletter or the DDA Site of such changes, at which time You may either agree to such changes or withdraw from the Network.


Assignment
Neither the rights nor the obligations arising under this Agreement are assignable or transferable by You, and any such attempted assignment or transfer shall be void and without effect. DDA may assign this Agreement to any successor, publisher or assign.


Force Majeure

DDA will not be liable for any delay or failure to perform any obligation under this Agreement due to any event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labour dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment and failure or delay of services and platforms used to operate our electronic media.


Handling Personal Data

Processing of Personal data maybe required as part of the agreement to advertise through DDA’s publisher network. The categories of personal data that may be processed are but not limited to first name, last name, email address, postal address, username & IP address.


You agree to process the Data only in accordance with Data Protection Laws and using following conditions:


a.  shall only process the personal data on the documented instructions from DDA


b.  You shall only process the Data for completing the Services and access to Personal data may only be given to persons who need such access to complete such service.


c. You shall only process the Data in Cyprus, Israel, or the European Economic Area with no transfer of the Data outside of the Israel or the European Economic Area without the prior written consent of DDA.


d. Ensure that all employees and other representatives accessing the Data are aware of the terms of this Agreement and are bound by a commitment of confidentiality


e.  You shall not employ any third party in the processing of the Data without the prior consent of DDA unless they are required to do so under the laws of Israel.


f. You shall asses the appropriate level of security, appropriate to the risk in processing and or storage of the data, such measures to include:

Consideration of anonymisation, pseudonymisation and encryption;

The ability to ensure the ongoing confidentiality, integrity, availability and resilience of

processing systems and related services;

The ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;

A process for regularly testing, assessing and evaluating the effectiveness of the technical and organisational measures for ensuring the security of the processing;

In assessing the appropriate level of security account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to data transmitted, stored or otherwise processed.

g. You shall immediately notify DDA if there is any personal data breach or incident capable of affecting relevant personal data. You will co-operate fully and assist where necessary to enable DDA to notify the relevant supervisory authority and aid in the gathering of relevant information that is requested by the supervisory authority and assist in communication of the data breaches to individuals.

h. Implement appropriate measures to enable data subjects to exercise their rights to access, alteration and erasure of, and to restrict or object to processing and or transfer of, relevant personal data. If a data subject makes a request directly to You on the above, the request must be forwarded to DDA promptly, and DDA will respond to it in compliance with its obligations under Applicable Laws.


i. Swiftly notify DDA of any complaint it receives directly which relates to the processing of relevant personal data.


j. Make immediately available to DDA necessary information to demonstrate compliance with the obligations laid down under this Agreement and allow for and contribute to any audits, inspections or other verification exercises required by DDA.


k. Quickly provide on written request information required to reasonably demonstrate compliance with these Data Processing Terms and/or Applicable Laws.


i. Preserve the integrity of the Data, without alteration, ensuring the ability to separate the Data from any other information created.


m. It has been agreed that You will in any event securely delete the Data at the end of the Services.

n. On request and or termination of this agreement you shall safely delete or return the Data. Deletion shall include destruction of all existing copies unless You provide to DDA that You are required to retain a copy in accordance with any law of the European Union or any member state of the European Union


This agreement constitutes the entire agreement between DDA and you. All prior agreements understandings and negotiations and representations (save for fraudulent misrepresentation) whether oral or in writing are cancelled in their entirety. The terms of any other electronic communications will not form part of this agreement.


This agreement is governed by the laws of Israel and each party agrees that the courts of Israel will have non-exclusive jurisdiction to deal with any disputes arising out of or in connection with this agreement. Changes to this contract can only be made in writing. Printed terms and conditions in any additional documents issued by you or your agent will not be recognised as binding.

You may not resell, assign or transfer any of your rights under this contract without our written consent. Any attempt to resell, assign or transfer rights without our consent will entitle us to cancel the contract without liability to you. A person who is not party to this contract has no right under the Contracts (Rights & Third parties) Act 1999 to rely upon or enforce any terms of this agreement.

Severability

If any portion of these Terms is deemed to be unenforceable, or invalid, for any reason, then that portion is deemed to be modified to the extent necessary to remedy the unenforceability or invalidity, or if it’s not possible to remedy the unenforceability or invalidity, that portion is to be severed from these Terms, and other portion of these Terms will otherwise remain in full force.

ENTIRE AGREEMENT

These Terms are the entire agreement between the parties as regards the access to or use of this Website and the purchase of any services and supersedes all previous negotiations, commitments, and agreements about the website and the services.

DDA may, at any time, and without sustaining in any responsibility towards any user, modify or change the content of the Website or the Services, or limit or modify the conditions or stop to offer parts of or all the available Services and features. Kindly review this page anytime you access or use the Website or the Services.

Privacy Policy

At the Ding Dong Affiliates (Henceforth, “DDA”, “we”, “use” as applicable), we are dedicated

to safeguarding and preserving your privacy when visiting our site or communicating electronically with us.


This Privacy Policy sets out how DDA collects and uses information from users (“User” or “you”) of our website identified by the URL www.dingdongaffiliates.com  and/or any website which is hosted on this domain (together the “Website”) operated by DDA. This Privacy Policy applies to the Website and all products and services offered by DDA.


What Information Do We Collect?

We may collect the following information:


(a) personal information from Users in a variety of ways, including, but not limited to, when Users visit our Website, register on the Website, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Website. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Website anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Website related activities.


(b) non-personal information about Users whenever they interact with our Website. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Website, such as the operating system and the Internet Service Provider’s utilised and other similar information.

(c) cookies and log files may be used on our Website to enhance User experience. A cookie is a small text file written to an individual’s hard drive that contains the user ID. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies at being sent. If they do so, note that some parts of the Website may not function properly. You can find out more about the use of cookies and how you can remove them by going to http://allaboutcookies.org or http://www.cookiecentral.com.


How we use collected information

Any personal data that you give us will be treated with the utmost care and security. The personal data we collect is used to provide you with the service that you have requested or to respond to an enquiry that you have made.


DDA uses User personal information we have collected for the following purposes:


• to personalise User experience: we may use information individually or aggregated to understand how our Users use the services and resources provided on our Website.


• to improve our Website: we continually strive to improve our Website offerings based on the information and feedback we receive from you.


• to improve customer service: your information helps us to more effectively respond to your customer service requests and support needs.


• to process transactions: we may use the information Users provide when placing an order to service that order, as well as provide relevant information about our other products. We do not automatically share this information with third parties except to the extent necessary to provide the service or when explicitly given permission by the User. The User can at any time change its preferences by contacting us via our Website.


• to administer Website features: such as content, promotions and surveys and to send Users information they agreed to receive about topics we think will be of interest to them.

• to send periodic emails: the email address Users provide will be used to send them information and updates pertaining to their orders as well as (a) respond to their inquiries and requests or (b) provide relevant information about our other products.


If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Website.


User’ right to Opt-out

If you do not want to continue to receive e-mail communications from us please let us know by sending an e-mail to support@dingdongaffiliates.com. Should you request that we amend or suppress records containing your personal data we will endeavour to do so as promptly as practical; however you may receive communications for a transitional period whilst we process your records.


How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Website.

Sensitive and private data exchange between the Website and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Our Website is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.


Sharing your personal information

Unless we are given explicit permission to do so; we do not sell, trade, or rent Users personal information. We may without consent share generic aggregated information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Website or administer activities on our behalf, such as sending out newsletters or surveys.


Third party websites

Users may find advertising or other content on our Website that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Website, is subject to that website’s own terms and policies.

Advertising

Ads appearing on our Website may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognise your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.


Changes to Privacy Policy

In order to keep up with changing legislation and best practice, we may revise this privacy policy at any time. When we do, we will post a notification on the main page of our Website. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Website, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Website. Your continued use of the Website following the posting of changes to this policy will be deemed your acceptance of those changes.

Contact us

If you have any questions about this Privacy Policy, the practices of this Website, or your dealings with this Website, please contact us by email at – support@dingdongaffiliates.com