Content Affiliate Program
terms and conditions of participation

This Agreement contains the complete terms and conditions that apply to an individual or company's participation in the DataFlix Content Affiliate Program (the "Program"). As used in this Agreement, "Company" means DataFlix and "Affiliate" means the individual and/or company indicated in the registration form which by reference is made a part of this Agreement.

Participation
To participate in the Program, the Content Affiliate registration form must be completed and submitted to DataFlix. All applicants will be considered based on the following criteria

• Submit a minimum of 10 videos that are accepted into the DataFlix Store,

• Maintain your relationship in good standing,

• Promote DataFlix and the DataFlix brand,

• Represent DataFlix to your prospects and clients in the highest manner possible.

Your Content Affiliate status is subject to ongoing, periodic review by DataFlix and may be revoked at any time without notice. Your status may be suspended or terminated if we determine (at our sole discretion) that your participation has become unsuitable for the Program based on the criteria set forth above.

Bonifide Orders
DataFlix will process all qualified orders placed by customers who purchase content submitted by Affiliate. We reserve the right to reject orders that do not comply with any requirements that DataFlix may from time to time establish. DataFlix assumes responsibility for all aspects of order processing and fulfillment. DataFlix will prepare and maintain all order forms; process payments, cancellations; and handle customer service. DataFlix will track sales made to customers who purchase content submitted by Affiliate and will make available to you reports summarizing this sales activity. Report forms, content, and frequency of the reports may vary from time to time at our discretion.

Referral Fee Schedule
Approved Content Affiliates will earn fees based on qualifying revenues according to the fee schedule developed by us. "Qualifying revenues" are revenues derived by us from our sales of products, excluding costs for shipping, handling, taxes, service charges and PayPal processing fees. The current referral fee is 20%.


Payment of Referral Commissions
DataFlix will review all Content Affiliate Referral accounts periodically. All accounts with affiliate fees totaling $25.00 or more will be paid. Payment will be by PayPal for the fees earned on our sales of products that were purchased during the most recent period, less any taxes that we are required by law to withhold. However, if the referral fees payable to you for any period are less than $25.00, we will hold those referral fees until the total amount due is at least $25.00 or (if earlier) until this Agreement is terminated.

Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of DataFlix. Accordingly, all DataFlix rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Identifying Yourself as a DataFlix Content Affiliate Referrer
We will make available to you a small graphic image that identifies your site as a Program participant. You may display this logo or the phrase "DataFlix Affiliate" somewhere on your site. We may modify the text or graphic image of this notice from time to time. You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that DataFlix supports, sponsors, endorses or contributes money to any charity or other cause).

Limited License
We grant you a nonexclusive, revocable right to use the graphic image and text described above and such other images for which we grant express permission, solely for the purpose of identifying your site as a DataFlix Content Affiliate and to assist in generating product sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice.

Liability
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the operation of the Content Affiliate Program.

Term of the Agreement
The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all DataFlix trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn fees on our sales of Products occurring during the term.

Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available fees, fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section.

Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total fees paid or payable to you under this Agreement.

Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). 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.

Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Miscellaneous
This Agreement will be governed by the laws of the United States and the state of Colorado, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Denver, Colorado and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.


Content Affiliate Application Form:
Please fill out all fields on this form. We'll be in touch shortly. Thanks for your interest in the DataFlix Content Affiliate Program!