Terms of Service
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE PROCEEDING TO USE THE DYNAMIC CHANNELS MARKETPLACE, ALSO KNOWN AS THE "P2P MARKETPLACE". BY SUBMITTING YOU ARE ACCEPTING AND AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS MARKETPLACE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT SUBMIT YOUR ENROLLMENT AS AN AFFILIATE AND DO NOT POST YOUR PRODUCT OR SERVICE TO THE P2P MARKETPLACE. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND P2P MARKETPLACE. (REFERRED TO AS "P2P MARKETPLACE" D.B.A. P2P MARKETPLACE) AND SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING BETWEEN THE PARTIES.
Affiliate Agreement Terms and Conditions
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE PROCEEDING TO USE THE DYNAMIC CHANNELS MARKETPLACE, ALSO KNOWN AS THE "P2P MARKETPLACE". BY SUBMITTING YOUR APPLICATION AS A LISTING PARTNER YOU ARE ACCEPTING AND AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS MARKETPLACE LISTING AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT SUBMIT YOUR APPLICATION AND DO NOT POST YOUR PRODUCT OR SERVICE TO THE P2P MARKETPLACE. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND P2P MARKETPLACE. (REFERRED TO AS "P2P MARKETPLACE" D.B.A. P2P MARKETPLACE) AND SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING BETWEEN THE PARTIES.
1. I understand that as an Affiliate for the Dynamic Channels Marketplace, also known as the P2P (Partner-to-Partner) MarketPlace, (“MarketPlace”) dba "Dynamic Channels Marketplace" (aka “P2P Marketplace” or the “Company”) website (the “Site”) as “Affiliate” Partner:
a. I have the right to offer for sale MarketPlace products and services in accordance with these Terms and Conditions and the Marketplace Policies and Procedures.
b. I have the right to enroll others as Marketplace Affiliates.
c. If qualified, I have the right to earn commissions pursuant to the rates posted on the Marketplace for the relevant Product or Service.
2. I agree to present the Marketplace products and services as set forth in official Marketplace literature.
3. I agree that as a Marketplace Affiliate I am an independent contractor and not an employee, partner, legal representative or franchisee of the Listing Partners or P2P Marketplace. I agree that I will be solely responsible for paying all expenses that I incur, including but not limited to travel, food, lodging, secretarial, office, long-distance telephone and other business expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE FOR FEDERAL OR STATE TAX PURPOSES OR FOR ANY OTHER REASON. The Company is not responsible for withholding and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind. I understand that I am not entitled to workers compensation or unemployment security benefits of any kind from the Company.
4. I have carefully read and agree to comply with the Marketplace Terms of Service, which are incorporated into and made a part of these Terms and Conditions. (These documents shall be collectively referred to as the “Agreement.”). Notification of amendments shall be posted on the Site. Amendments shall become effective 30 days after publication, but amended policies shall not apply retroactively to conduct what occurred prior to the effective date of the amendment. The continuation of the independent business or acceptance of bonuses or commissions after the effective date of the amendments shall constitute acceptance of any and all amendments.
5. The term of this agreement is one year (subject to prior cancellation). If I fail to annually renew Marketplace Affiliate Agreement, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as an Affiliate, and I will not be eligible to sell or refer Marketplace products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination or nonrenewal, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization. The Company reserves the right to terminate all Affiliate Agreements upon 30 days notice if the Company elects to: (1) cease Marketplace business operations relating to affiliate marketing (MLM); (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via Marketplace direct selling channels relating to affiliate marketing. Affiliate may cancel this Agreement at any time and for any reason, upon written notice to Company at its principal business address or by cancelling through his/her Account Profile.
6. I may not assign any rights under the Agreement without the prior written consent of the Company. Any attempt to transfer or assign the Agreement without the express written consent of The Company renders the Agreement voidable at the option of The Company and may result in termination of my business.
7. I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from The Company. I further agree that if I fail to comply with the terms of the Agreement, The Company may, at its discretion, impose upon me disciplinary sanctions.
8. The Parties and their respective parent and/or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and the Parties release one another from, all claims for incidental, consequential and exemplary damages for any claim or cause of action relating to the Agreement.
9. I agree to release The Company and its affiliates from all liability arising from or relating to the promotion or operation of my The Company Marketplace business and any activities related to it (including, but not limited to, the presentation of The Company Marketplace Products or commission, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify The Company for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
10. The Agreement, in its current form and as amended by The Company at its discretion, constitutes the entire contract between The Company and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
11. Any waiver by either Party of any breach of the Agreement must be in writing and signed by the Party waiving the breach. With respect to The Company, only officers of the Company are authorized to waive any policy. Waiver by one who is not an officer of the Company shall not be binding on The Company. Waiver by either Party of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
12. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
13. Prior to instituting arbitration, the parties shall meet in good faith and attempt to resolve any dispute arising from or relating to the Agreement through non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. If the parties cannot agree on a mediator within 14 days from the date that a party submits a written request for mediation, the complaining party shall apply to the American Arbitration Association (“AAA”) to appoint a mediator. The mediation shall occur within 60 days from the date on which the mediator is appointed. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least 10 days in advance of the mediation. Each party shall pay its own attorney’s fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Cincinnati, Ohio and shall last no more than two business days.
14. If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration. The Parties waive all rights to trial by jury or to any court. The arbitration shall be filed with, and administered by, the American Arbitration Association (AAA) in accordance with AAA’s Commercial Arbitration Rules and Mediation Procedures, which are available on the AAA’s website at www.adr.org. Copies of AAA’s Commercial Arbitration Rules and Mediation Procedures will also be emailed to ICs upon request to The Company’s Legal Department. Notwithstanding the rules of the AAA, the following shall apply to all Arbitration actions:
• The Federal Rules of Evidence shall apply in all cases.
• The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure.
• The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil
• The arbitration shall occur within 180 days from the date on which the arbitrator is appointed, and
shall last no more than five business days.
• The Parties shall be allotted equal time to present their respective cases, including cross-examinations.
All arbitration proceedings shall be held in Cincinnati, Ohio. There shall be one arbitrator selected from the panel that the Alternate Dispute Resolution service provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court to which the Parties have consented to jurisdiction as set forth in the Terms and Conditions. This agreement to arbitrate shall survive the cancellation or termination of the Agreement.
The parties and the arbitrator shall maintain the confidentiality of the arbitration proceedings and shal not disclose to third parties:
• The substance of, or basis for, the controversy, dispute, or claim.
• The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration.
• The terms or amount of any arbitration award.
• The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
Notwithstanding the foregoing, nothing in these Terms of Service shall prevent either party from applying to and obtaining from any court to which the Parties have consented to jurisdiction as set forth in the Terms and Conditions a temporary restraining order, preliminary or permanent injunction, or other equitable relief to safeguard and protect its trade secrets and intellectual property rights, including but not limited to enforcement of its rights under the non-solicitation provision of the Agreement.
15. Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Hamilton County, State of Ohio, or the United States District Court for the Southern District of Ohio. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of the State of Ohio shall govern all other matters relating to or arising from the Agreement.
16. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
17. Montana Residents: A Montana resident may cancel his or her Affiliate Agreement within 15 days from the date of enrollment, and may return his or her starter kit for a full refund within such time.
18. Louisiana, Wyoming and Massachusetts Residents: Should you cancel your Affiliate Agreement, The Company will refund 90% of your The Company Marketplace fees following your written request.
19. A participant in this affiliate marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted through the Site Account Settings.
20. If either party wishes to bring an action against the other for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action, or the shortest time permissible under applicable law, whichever is longer. Failure to bring such action within such time shall bar all claims against the other Party for such act or omission. The Parties waive all claims that any other statute of limitations applies.
21. I authorize The Company to use my name, photograph, personal story, testimonial, and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
22. I certify that I am at least 18 years of age