Pacific Domes is thrilled to receive your application to join us in our mission to change the world one dome at a time. Please read this Agreement, as it describes the entire terms & conditions for participation in Pacific Domes Affiliate Program.
Pacific Domes maintains and manages an In-house Affiliate Program; whereby, we provide trackable banners for which you’ll receive a 5% commission on resultant sales. We do not work with Affiliate Networks or Affiliate Agencies, at this time.
Enrollment in the Program
To begin the enrollment process, you are asked to submit a completed Affiliate Application with link to your site or digital location for review. Once we evaluate your application, we’ll notify you of your acceptance or rejection in the Program.
Upon your acceptance into the Program, you will be provided with participation instructions subject to the terms and conditions of this Agreement. Our acceptance criteria is subject to change at any time, and without prior notice.
If we determine that your site is incompatible with our Program guidelines, we will notify you; and, upon your request, provide a reason. Of course, you may reapply to our Program, once you feel you have satisfied our criteria.
Commonly Used Terms for Your Reference
In this Agreement, the term “participant/affiliate”, may be used interchangeably, and refers to you, the applicant. ‘Sponsoring website’ may, also, be used interchangeably, and refers to your website or digital location (aka ‘your site’); and, the establishment of links from which you will link to Pacific Domes; as well as, select mobile apps, which may be extended in the future by giving proper notice.
Link Tracking
‘Qualifying Link’ or ‘Link’ means any type of banner or text link provided by Pacific Domes to be displayed, distributed or played on your site; and, that can monitor clicks, sales, impressions and other trackable activities. The Qualifying Link contains site-specific tracking information that identifies your site as a member of the Program and will establish a 30-day link from your site to Pacific Domes.
Only valid Qualifying Links issued by Pacific Domes will be tracked for purposes of Product Sales – Referral Fees (aka commissions). Qualifying Links may not be manipulated in any way, including (a) redirecting links to hide or manipulate their original source; (b) Direct-linking, e.g. using your Qualifying Links as the destination URL in any paid advertisement.
Use of Pacific Domes Links and Promotional Materials
When you are accepted into the Program, we will make available to you Qualifying Links and Promotional Material that, subject to this Agreement, you may display as often and in as many areas on your site, as you wish. Additionally, you agree that you will only display promotional material provided by us; and, that you will update your site with any new promotional materials that we may provide you from time-to-time throughout the term of this Agreement.
You can add or remove links any time you wish
At your discretion, you may add or remove as many links to our site without prior approval from Pacific Domes. You are free to add or remove promotional materials that we may provide you, as well.
SEM & SEO
Please note that Pacific Domes is the sole and exclusive owner of all right, title and interest, including all intellectual property rights in and to the contents, logos, style, design, look-and-feel, trade names, trademarks to all literary works, computer software programs, products, goods and services (as well as, all future versions, thereof) currently entitled the (“Product”- and, refers to both singular and plural).
Engineering your site in a manner that ranks for Pacific Domes or Pacific Domes brand keywords and products via search engine optimization, including mis-spellings etc. constitutes improper use of our Program Guidelines. If you have any questions or concerns regarding use of Pacific Domes brand and intellectual property rights, please feel free to contact us for assistance.
Affiliate Sales Commissions (aka Referral Fees)
If, as a result of your direct advertising efforts, a referred customer orders and pays Pacific Domes for a Product(s), goods and services sold by Pacific Domes in the future, Pacific Domes agrees to pay you a 5% commission determined in accordance with the Affiliate Compensation Schedule, which is set forth in this Agreement; and, which forms an integral part of it.
The commission is based upon the purchase price of the products, goods and services before taxes, misc. handling fees, duties and transport that may apply.
Kindly note that, the product purchase price for qualifying sales, will count towards the affiliates total sales during the calendar month in which such sales are made. Only qualifying product(s) sales to a customer – and, for which Pacific Domes has received full payment will qualify for a commission.
Affiliate Compensation Schedule
The total of qualifying sales in any given month will generate commissions, based upon the following schedule:
Affiliate’s 5% commission will be paid out at the end of each month. Participant can check the status of commissions earned at any time by visiting the affiliate dashboard here:
Affiliate Home
Note: Commissions, Cancellations & Returns – Commissions earned will only be payable if the related order has been paid in full; and, is not cancelled or returned by the customer. If a customer cancels or returns a qualifying product that generated a 5% commission, we will deduct the corresponding commission from the affiliate’s monthly payment on the same or subsequent months of cancellation/return. If the deduction remains pending for 3 consecutive months, the participant will be billed.
Delivery and Order Processing
Pacific Domes will be solely responsible for processing every order placed by a customer following a special link from your site. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of Pacific Domes; and, are not included in commissions.
All of the rules, operating procedures and policies of Pacific Domes regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. Pacific Domes reserves the right to reject any order at its sole discretion.
Customers of Pacific Domes
Every customer who purchases a product is deemed to be a customer of Pacific Domes. Pacific Domes is not responsible for any representations made by the Participant which contradict our policies.
Pricing and Availability
All prices shall be established by Pacific Domes. In case of any price discrepancies, the price charged to the customer will always be the price listed on the Pacific Domes web page linked from your sponsoring web site.
Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free.
Operation of Website and Processing
Pacific Domes will make all reasonable efforts to keep its web site operational. However, certain technical difficulties may, on occasion, result in temporary service interruptions. Pacific Domes shall not be liable for any of the consequences of service interruptions, which may occur.
Modification and Cancellation
At our sole discretion, Pacific Domes reserves the right to change any of the terms and conditions in this Agreement by posting new terms on the Pacific Domes Affiliate website. That being said, Pacific Domes will communicate any future modifications and cancellations to Affiliates – at which time, said modifications shall be deemed accepted by participants. After acceptance, should we, at our discretion, determine that your site or your actions are unsuited to Pacific Domes Affiliate Program, you will be advised that you may no longer link to our site.
Independent Contractors
Participants of Pacific Domes Affiliate Program are independent contractors and nothing in this Agreement is intended to, or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.
Copyrighted Material & Compliance with Applicable Laws
You are solely responsible for the accuracy and appropriateness of all materials posted on your site, and for ensuring that your activities and the materials posted on your site are not defamatory, in violation of copyright laws or otherwise illegal. You, the Participant/Affiliate are solely responsible for ensuring that your reviews and descriptions comply with all applicable copyright and other laws; as well as, those set forth by the FTC Guidelines (see below).
You agree to indemnify and hold Pacific Domes harmless for any violations of the foregoing. Pacific Domes, further, disclaims all liability for these matters.
FTC Guidelines (also, see Misc. information provided at the end of this Agreement)
You must clearly and visibly identify yourself to consumers as an Affiliate on all pages, content and social media forms where an Affiliate link occurs. You understand that failure to follow the FTC Disclosure Guidelines may result in your immediate termination and removal from the Program.
Please review the FTC’s ‘Dot Com Disclosures’ at:
https://search.usa.gov/search?query=Dot+com+disclosures&submit.x=0&submit.y=0&affiliate=ftc_prod
And, ‘Endorsement Guidelines’ at:
https://search.usa.gov/search?query=Endorsement+Guidelines&submit.x=0&submit.y=0&affiliate=ftc_prod
Term and Termination
The term of this Agreement will begin when you are accepted into the Program; and, will end when terminated by either party. Either, you or Pacific Domes 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, all licenses granted hereunder, shall terminate; and, you will immediately cease use of, and remove from Affiliate’s Web Site, all links to the Pacific Domes Site, and all Pacific Domes trademarks and logos, other Pacific Domes Marks and all other materials provided in connection with this Agreement.
Reasons for Denial or Termination: We may reject your application or terminate you if we determine (in our sole discretion) that your site is unsuitable for the Program for any of the following reasons:
- Infringement or violation of any copyright, trademark, or other intellectual property rights.
- Promotion of sexually explicit materials
- violence
- discrimination based on sex, religion, nationality, disability, sexual orientation, or age
- illegal activities
- or, harmful, threatening, defamatory, obscene, sexually explicit harassing, or racially, ethically, or otherwise objectionable content.
In order to ensure compliance, we reserve the right to monitor and audit any site (without notice) that we suspect may be in violation of this Agreement and disclosures. As part of this Agreement, you agree to provide access to your site.
Limitations of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, PACIFIC DOMES 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 GOODWILL OR ACTUAL OR ANTICIPATED REVENUE, PROFITS OR LOST BUSINESS), EVEN IF PACIFIC DOMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL PACIFIC DOMES’ CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAYABLE TO YOU UNDER THIS AGREEMENT.
Mediation & Arbitration
If a dispute arises under this Agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Jackson County, Oregon. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory resolution through mediation, we agree to submit the dispute to binding arbitration at the following location: Jackson County, Oregon, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Mediation costs will be shared equally by each of us.
Assignment
You may not assign your rights or obligations under this Agreement to any party.
Applicable Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon without regard to the conflicts of laws, rules and principles thereof.
Severability
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.
Notices
Any notice required under this Agreement may be given by email, fax or written letter to the number or address you provide.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.
Entire Agreement
This Agreement constitutes and contains the entire Agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written Agreements. This Agreement may not be amended except in writing signed by the parties. Each party acknowledges and agrees that the other has not made any representations, warranties or Agreements of any kind, except as expressly set forth herein.
Miscellaneous
Affiliation And Compensation Disclosures
As of December 1st, 2009, The Federal Trade Commission of the United States of America has set forth new Guidelines for Endorsements and Testimonials, demanding that all Endorsers and Testimonial Givers divulge the nature of their compensation and affiliation with the product, company or manager.
Therefore as part of this Affiliate Agreement, you agree to ‘Clearly and Conspicuously’ divulge how you are monetarily compensated through your referral sales, and that you receive(d) any other compensation from Pacific Domes, monetary or otherwise, as the case may be, whenever you put forth any endorsement or testimonial in any media with the purpose of endorsing our products or services with the intent to sell them to consumers.
You further agree to use only the promotional materials that have been sanctioned by Pacific Domes and to take full responsibility for your own actions should you be investigated for not adhering to the Federal Trade Commission of the United States of America has set forth new Guidelines for Endorsements and Testimonials, and shall not hold Pacific Domes responsible in any way for actions or use of promotional materials not sanctioned by Pacific Domes.
You further agree that you have read and understand the new Guidelines for Endorsements and Testimonials 16 CFR Part 255 that the Federal Trade Commission of the United States of America has set forth and which went into effect on December 1st, 2009 (You may want to read the Dot Com Guidelines, a plain-language description of the rules and how they may apply to your business). And you also hereby agree to uphold ALL of the provisions contained in that document while endorsing or promoting products or services for Pacific Domes.
Failure to do so may (at the sole discretion of Pacific Domes) result in immediate termination of your affiliate account, and forfeiture of any commissions accrued.
