Affiliate Agreement

THIS IS A LEGAL AGREEMENT BETWEEN                                                                            AND Colorado Buck’s Dream Catcher Beef, LP, identified throughout this agreement as “Dream Catcher Beef”

BY SUBMITTING THE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

  1. Overview

This Agreement contains the complete terms and conditions that apply to                                                                    becoming a participant in Colorado Buck’s Dream Catcher Beef’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and/or social media posts/ads and the www.DreamCatcherBeef.com website.

  1. Affiliate Obligations

To begin the enrollment process, a completed application will need to be submitted to Colorado Buck’s Dream Catcher Beef using the “Become an Affiliate” link.

Once submitted, your application will be reviewed and approved or denied. Initial approval does not imply that the application could be re-evaluated at a later time. Dream Catcher Beef reserves the right to reject any application at its sole discretion and may cancel an agreement if it is determined that social media posts/ads, website and other marketing tools are unsuitable for Dream Catcher Beef’s Program, this would include, but not limited to:

  • Promoting sexually explicit materials
  • Promoting violence
  • Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • Promoting illegal activities
  • Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
  • Includes “Merchant” or variations or misspellings thereof in its domain name
  • Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
  • Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
  • You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are DreamCatcherBeef.com or any other affiliated business.

As a member of Dream Catcher Beef’s Affiliate Program, you will have access to the online Affiliate Dashboard. Here you will be able to review your customers, affiliate referrals, accrued earnings, level, Affiliate Network, corporate approved banner creatives, browse and get tracking codes for our coupons and deals.

In order for us to accurately keep track of all guest visits from your site or social media posts/ads to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.

Colorado Buck’s Dream Catcher Beef reserves the right, at any time, to review your placement and approve links, in addition to requiring modifications to be made to comply with the guidelines provided.

The maintenance and the updating of the affiliate site is not Dream Catcher Beef’s responsibility.

Dream Catcher Beef will monitor affiliate sites and/or social media as necessary to ensure that it is up-to-date and notify the affiliate of any changes that we feel should enhance your performance.

It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.

  1. www.dreamcatcherbeef.com Rights and Obligations

3.1. We have the right to monitor your site and social media at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site or social media that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site or social media that we feel are necessary, we reserve the right to terminate your participation in the DreamCatcherBeef.com Affiliate Program.

3.2. DreamCatcherBeef.com reserves the right to terminate this Agreement and your participation in the DreamCatcherBeef.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the DreamCatcherBeef.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, DreamCatcherBeef.com shall not be liable to you for any commissions for such fraudulent sales.

3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

  1. Termination

Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

  1. Modification

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

  1. Payment

DreamCatcherBeef.com deposits earnings, not transferred to your Affiliate Wallet, to a debit or credit card of your choice via Stripe merchant processing.  Please make sure that you have entered the appropriate information in your Affiliate Dashboard. If you have not, you will receive a notice on the dashboard and you will not receive your commissions.  Payments are initiated twice per month on the 1st and 15th.  If the 1st or 15th falls on a weekend then the payment will be initiated on the Friday prior to the payment date.  Processing can take up to three days and may be delayed due to your banking/credit institution, holidays, weekends, etc. and are not the responsibility of DreamCatcherBeef.com.

  1. Access to Affiliate Dashboard

During registration, you will enter a username and password that you will use to access the Affiliate Dashboard, using the “Affiliate Login” link on www.dreamcatcherbeef.com.  From there you will be able to monitor your commissions, change contact information, retrieve affiliate links, creatives, etc..

  1. Promotion Restrictions

8.1. You are free to promote your own websites and social media posts, but naturally any promotion that mentions DreamCatcherBeef.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by DreamCatcherBeef.com. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial groups and cross-posting to multiple groups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your social media accounts, your domain name, or your return email address. You may use mailings to customers to promote DreamCatcherBeef.com so long as the recipient is already a customer or subscriber of your services, website, social media accounts, and recipients have the option to remove themselves from future mailings. Also, you may post to groups to promote DreamCatcherBeef.com so long as the group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as Independent Affiliate from DreamCatcherBeef.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the DreamCatcherBeef.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

8.2. Affiliates are prohibited from keying in a customer’s information into the DreamCatcherBeef.com ecommerce store. Affiliates are prohibited from collecting or asking for personal information from clients such as credit card information or any other data that could be used for identity theft or credit card fraud.  Affiliates who are doing such activity will be terminated.  Any pending balanced owed to you will not be paid if your account is terminated due to this activity.

8.3. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited DreamCatcherBeef.com’s site (i.e., no page from our site or any DreamCatcherBeef.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of merchant site in IFrames, hidden links and automatic pop ups that open DreamCatcherBeef.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

  1. Grant of Licenses

9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of DreamCatcherBeef.com’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of DreamCatcherBeef.com and the good will associated therewith will inure to the sole benefit of DreamCatcherBeef.com.

9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

9.3 If you would like to use materials that you have created, such as ads or videos, that use our branding and/or proprietary materials, please obtain prior approval.  You can email your material (or a link to it) to affiliate@DreamCatcherBeef.com.  We will notify you within one week of any changes that may need to be made and whether it is approved.

  1. Disclaimer

DreamCatcherBeef.com MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING DreamCatcherBeef.com SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF DreamCatcherBeef.com ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

  1. Representations and Warranties

You represent and warrant that:

11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

  1. Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY 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), 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 DreamCatcherBeef.com’s  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.

  1. Indemnification

You hereby agree to indemnify and hold harmless DreamCatcherBeef.com, 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”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

  1. Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

  1. Miscellaneous

15.1. 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 DreamCatcherBeef.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or Your Social Media or any other of Your Platforms or otherwise, that reasonably would contradict anything in this Section.

15.2. 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.

15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas without regard to the conflicts of laws and principles thereof.

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

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

15.6. 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.

15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.