Referral Terms

REFERRAL TERMS
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

THIS IS A LEGAL AGREEMENT BETWEEN YOU and DONK.ARMY. Please read the terms and conditions of this referral agreement carefully before you join our program or begin marketing our program. These terms and conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by referrers.

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

DEFINITIONS

As used in these terms and conditions: (i) “We”, “us”, or “our” refers to DONK.ARMY and our applications; (ii) “you” or “your” refers to the Referrer; (iii) “our website” refers to the Merchant website located at www.DONK.ARMY; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the Merchant Referral Program.

Referral obligations

ENROLLMENT

To begin the enrollment process, you will complete and submit the online application. After receiving your application, we will review your application and notify you of your acceptance or rejection into our Program. Please allow up to 48 hours for your application to be reviewed. If you will not hear anything from us please consider your application as rejected. We are not obliged to notify you upon rejection of your application but we do our best to handle each application with extra care. You need to signup as a player in order to join our referral program. You can apply to the referral program of cyberearth.io at https://www.cyberearth.io/signup/.

We reserve the right to reject any application for any reason, however, we encourage you to contact us if you feel we have made an incorrect decision.

WEBSITE RESTRICTIONS

Your participating social media channel may not:

  1. Infringe on our or anyone else’s intellectual property, publicity, privacy, or other rights.
  2. Violate any law, rule, or regulation.
  3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
  4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
  5. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons.

Sharing the referral codes

Upon acceptance into the Program, links and referral codes will be made available to you through the affiliate dashboard linked to the footer of our website when you are logged in. You will be able to review the Program’s details, browse and get tracking codes for our coupons and deals.

Your acceptance in our program means you agree to and abide by the following:

  1. You will only use the linking referral code we provide you from the referral dashboard without manipulation.
  2. We reserve the right, at any time, to review your placement and approve the use of Your Referral Codes and require that you change the placement or use it to comply with the guidelines provided to you.
  3. Your social media channel will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your social media channel is our Website or any part of our Website including, without limitation, the framing of our Website in any manner.
  4. You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
  5. Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain (also known as cloaking) is prohibited.
  6. If you are found redirecting links to hide or manipulate their original source, your current, and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the referral code is placed.
  7. The maintenance and updating of your social media channel or site will be your responsibility. We may monitor your social media channel site or profile as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
  8. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your social media channel site or profile. You must have express permission to use any person’s copyrighted material, whether it be 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.
  9. You will not, in connection with this Referral Agreement, display or reference on your site, any trademark or logo of any third party seller appearing on our website unless you have an independent license for the display of such trademark or logo; use any data, images, text, or other information obtained by you from us or our website in connection with this Agreement only in a lawful manner and only in accordance with the terms of this Agreement.
  10. We grant you a limited, nonexclusive, non-transferable, revocable right to use the graphic image and text solely for the purpose of your participation in the Program. You may not modify the graphic image or text in any way. All of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights are reserved. Should we decide to revoke your license, we will give you notice.
  11. You acknowledge our ownership of our licensed materials, agree that you will not do anything inconsistent with our owned materials and that all of your use of the licensed materials will inure to the benefit of, and on behalf of, the Program and, if requested, agree to assist us in recording this Agreement with appropriate government authorities. You agree that nothing in this Agreement gives you any right, title, or interest in the licensed materials other than the right to use the licensed materials in accordance with this Agreement. You also agree that you will not attack our title to the licensed materials or the validity of the Licensed Materials or this Agreement.

REFERRAL CODE GUIDELINES

If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:

  1. You may ONLY advertise referral codes that are provided to you through the referral program.
  2. Posting any information about how to work around the requirements of a referral code (i.e. first-time customers only) will result in removal from the program.
  3. You may NOT use any technology that covers up the referral code and generates the affiliate click by revealing the code(s).
  4. You may NOT advertise referral codes obtained from our non-referral advertising, customer e-mails, paid search, or any other campaign.
  5. You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if all items on the site have free shipping over $100, you may not turn this into an offer that infers that the customer must click from your site to get this deal.

DOMAIN NAMES

Use of any of our domain names as part of the domain or sub-domain for your website, social media channel or profile is strictly prohibited.

OK
www.website.com/DONK

Not OK
DONK.website.com
www.DONK-coupons.com

ADVERTISING & PUBLICITY

You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:

  1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
  2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of us.
  3. E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.

SOCIAL MEDIA

Promotion on Facebook, Twitter, Instagram, YouTube, and other social media platforms is permitted following these general guidelines:

  1. You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your referral on your own YouTube,Twitch, Instagram channels etc.
  2. You ARE PROHIBITED from posting your referral codes on our Facebook, Twitter, Discord, etc. accounts or company pages.
  3. You ARE PROHIBITED from running Facebook ads with our company name.
  4. You ARE PROHIBITED from creating a social media account that includes our company name in the page name and/or username.

DONK’S RIGHTS AND OBLIGATIONS

We have the right to monitor your social media channel at any time to determine if you are following the terms and conditions of this Referral Agreement. We may notify you of any changes to your site that we feel should be made. If you do not make the changes to your social media channel that we feel are necessary, we reserve the right to terminate your participation in the Program.

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

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

TERMINATION

  1. Either you or we may end this Referral Agreement AT ANY TIME, with or without cause, by utilizing the respective functionality of the referral platform. In addition, this Referral Agreement will terminate immediately upon any breach of this Referral Agreement by you.
  2. You are eligible to earn commissions only on leads of qualified signups that occur during the active membership time you have as a member of DONK.ARMY and in case a Referral Agreement exists between you and DONK.ARMY. A direct payout of the earned referral income is not possible.
  3. The referral program is bound strictly to user accounts. Termination of the user account leads also to a termination of the Referral Agreement between you and DONK.ARMY.

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 the Program rules. If any modification is unacceptable to you, your only option is to end this Referral Agreement. Your continued participation in the Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

OUR CUSTOMERS

Members who sign up through this Program are our customers. All of our standard policies and operating procedures will apply to these customers. We may change our policies and operating procedures at any time.

SIGNUP PROCESSING

  1. We reserve the right to exclude referral signups conveyed by you (using the Program Referral Codes which would otherwise qualify for referral signup) and do not pay commissions for them, if we deem it necessary, in our sole discretion, to prevent abuse of the Referral Program, or to reject referral signups that do not comply with any of our Referral Agreement terms, our Terms of Service or Privacy Policy or any other legal document published at DONK.ARMY you agreed to.
  2. We will be responsible for processing signups and will handle all customer service issues. We will track referrals by users who invite other new users and provide tracking data through your referral dashboard.

Rewards

Introducing our hilarious “Refer-to-Win” initiative! You have the opportunity to earn a staggering 1M $VIEWS tokens for each successful referral. Spread the word and be rewarded with an abundance of laughter and DONK meme coins. Join us immediately, start referring, and unlock a pathway to a wealth of $VIEWS tokens!

Discover the power of our referral program! Our advanced internal algorithm thoroughly examines crucial indicators like votes, shares, and mints to gauge the active engagement of your referrals. The more they actively participate, the higher your chances of earning up to 1M $VIEWS tokens per referral. Enroll now, refer others, and witness the algorithm’s ability to highlight the true value of a vibrant community! Over time, earning rewards will become more challenging due to a diminishing supply.

In the event that the referral regulations in our jurisdiction undergo alterations, we may consider modifying the rewards from cryptocurrency to utility NFTs.

ACCESS TO REFERRAL ACCOUNT DASHBOARD

We allow only REFERRERS that have also a user account at DONK.ARMY. Logged-in users will see a link to the referral dashboard in the footer of DONK.ARMY. The Referral Dashboard will display the reports that describe our calculation of the in-game commissions due to you. You can find there the referral signups as well as the rewarded $VIEWS or NFTs for this referral signup.

REVERSAL & COMMUNICATION POLICY

We reserve the right to reverse referral signups due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.

  1. You are not forthcoming, intentionally vague, or are found to be lying.
  2. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
  3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
  4. If any of the above apply, then we reserve the absolute right to reverse orders (referral signups), set your commission to 0% or suspend you from the program for the period or orders in question, or terminate you from the program altogether. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.

GRANT OF LICENSES

  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 and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose.
  2. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Program. You agree that all uses of the Licensed Materials will be on behalf of the Program and the good will associated therewith will inure to the sole benefit of us.
  3. 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.
  4. Except for the limited license granted under this section, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to our Referral Codes, link formats, technical specifications, guidelines, or graphical artwork referenced above, or with respect to our domain name.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

  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;
  2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Referral Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
  3. You have sufficient right, title, and interest in and to the rights granted to us in this Referral Agreement.

DISCLAIMER

DONK MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OUR PROGRAM, SERVICE, AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF OUR 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.

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 MERCHANT’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 IN-GAME FEES REWARDED TO YOU UNDER THIS AGREEMENT.

INDEMNIFICATION

You hereby agree to indemnify and hold harmless DONK.ARMY, 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 service mark, copyright, license, intellectual property, or other proprietary rights 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.

CONFIDENTIALITY

All confidential information, including, but not limited to, any personal, 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 the express written permission of the disclosing party. We have the right to publish a leaderboard showing the username and the number of referrals and the referral first payin amount.

MISCELLANEOUS

  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 us. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
  2. Neither party may assign its rights or obligations under this Agreement to any party.
  3. This Agreement shall be governed by and interpreted in accordance with the laws of the European Union and Hamburg without regard to the conflicts of laws and principles thereof.
  4. You may not amend or waive any provision of this Referral Agreement unless in writing and signed by both parties.
  5. This Agreement represents the entire referral agreement between us and you, and shall supersede all prior referral agreements and communications of the parties, oral or written.
  6. The headings and titles contained in this Referral Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
  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.
  8. 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.
  9. The Terms of Service, the Privacy Policy, and the Code of Conduct of DONK.ARMY enhance this Referral Agreement.

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 ADMIT OTHERS INTO THE PROGRAM ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. 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.