Official Agreement for DGG Dividends

View desktop-friendly version

THIS PROGRAM AGREEMENT (the "Agreement"), together with any amendments, are entered into by and between Donna's Glorious Giveaways ("DGG"), and the applying party submitting the Application For Registered Lead Prospect Status (the "Lead Prospect"), also referred to herein jointly as the parties ("Parties", each a "Party").

This Program Agreement supplements all other Program Terms subsequently agreed to by the Lead Prospect.

WHEREAS, DGG and Lead Prospect desire to provide for the terms and conditions of this Program Agreement as more specifically set forth herein;

THEREFORE, the Parties agree to be legally bound as follows:

1. Definitions.

1.1. "Program" refers to the DGG Dividends Incentive Program, and its terms shall hitherto be referenced as "Program Terms" or "Terms".

1.2. "Ad" or "Ads" means the advertisement(s) in the form of graphics and/or text supplied to DGG for inclusion in the Platform and to be viewed by Lead Prospect.

1.3. "Advertiser" means the advertiser, merchant or advertising agency providing advertisements to DGG for subsequent promotion to the Lead Prospect.

1.4. "Register" or "Registered" means that the Lead Prospect has made an active, affirmative choice to view Ads from the Advertiser and to provide any information requested therein.

1.5. "User" or "Users" means any person(s) using the Internet.

1.6. "Action" or "Actions" means a User's completion of an action(s) (such as a click, sale, lead, or call) defined by the Advertiser or DGG.

1.7. "Platform" means the base upon which the Program is run, and consists of a collection of online channels operated by DGG.

1.8. "Spam" means unsolicited bulk email where recipients have not agreed in advance to receive Ads.

1.9. "Campaign Terms" means the specific guidelines for each Lead Prospect promotion as stipulated in a separate, third-party agreement between DGG and Advertiser.

1.10. "Dividend" or "Dividends" means the gratuity paid to Lead Prospect for his/her active involvement in Program.

1.11. "Form" or "Forms" means an electronic form presented on a Web page and provided by the Advertiser for the purpose of capturing Lead Prospect data.

1.12. "Dividend Qualification" or "Dividend Qualifications" means the series of Actions which Lead Prospect must complete within a given month in order to earn a share of the Dividend subsequently declared for that month.

1.13. "Payout Qualification" means the minimum conditions which determine whether Lead Prospect's calculated Dividend share is paid or deferred.

1.14. "Dually-Registered Payee" or "Dually-Registered Payees" means a Lead Prospect (or Lead Prospects) who is (are) registered on both Amazon.com AND Paypal.com.

2. Amendments.

2.1. From time to time, DGG may amend, replace or supplement the Agreement, including but not limited to changing Dividend payouts, by posting an updated Agreement on the Platform or changing its Lead Prospect promotion methods to conform with updated Campaign Terms, and it shall be deemed effective immediately unless otherwise noted, and Lead Prospect will be deemed to have consented to, and agreed to be bound by, the updated Agreement. Furthermore, Lead Prospect will also be deemed to have consented to any and all changes in DGG's promotion methods which may have arisen out of updated Campaign Terms. It is the responsibility of the Lead Prospect to read and keep up to date with the Agreement with or without notice of change from DGG. Moreover, Lead Prospect is also obligated to report (in writing) any misgivings related to apparent changes in DGG's promotion methods.

3. Eligibility.

3.1. Program is open to any natural person in the world, who is 18 years or older at the time of initial interaction with Program, and who has access to the Internet. Nevertheless an Advertiser may, at its own discretion, opt to exclude residents of any given country or region from its Campaign Terms. For a Lead Prospect thus excluded, the pertinent Ad would not be available for viewing and he/she would therefore be unable to complete the Dividend Qualification criteria for that specific Ad.

3.2. Officers, directors, and employees of DGG and/or its parents, subsidiaries, affiliates, divisions, or agents (including but not limited to advertising, promotion and production agencies) and members of their immediate families (including spouse, parents, siblings, grandparents, grandchildren, step-children, step-parents and in-laws) or those with whom they are domiciled are not eligible.

4. Lead Prospect Requirements.

4.1. Lead Prospect is subject to review and may be rejected for any reason, and at any time, by DGG.

4.2. Lead Prospect must submit valid and correct contact/payment information, including but not limited to an active e-mail address which is registered on Paypal.com and/or Amazon.com. Lead Prospect must ensure this information remains up-to-date at all times within the Platform. Lead Prospect must also provide additional information to DGG when necessary (e.g. for verification of identity or verification of payment receipt). Lead Prospect must accurately, clearly and completely submit all information requested in the Ads which he/she views.

4.3. Lead Prospect must accurately, clearly and completely submit a one-time survey which pre-qualifies him/her for inclusion in the Program. Lead Prospect must similarly submit any subsequent surveys which may become necessary in the future as the Program expands and/or its Terms change.

4.4. In its sole discretion, if at any time DGG deems that Lead Prospect's activities are contrary to the terms set out in the Agreement, the Lead Prospect shall be terminated from the Program and shall forfeit any and all Dividends and earnings.

5. Lead Prospect Rules.

5.1. Lead Prospect must agree to receive periodic communications from DGG. This communication could be in the form of e-mail, instant message, social media tag, postal mail, telephone or fax. Notwithstanding these various communication options, Lead Prospect is only obligated to provide DGG with contact information as stipulated in sub-clause 4.2 above. However, DGG reserves the right to occasionally request photos from Lead Prospect or further contact information such as his/her name and social media-registered e-mail address (for major platforms like Facebook, Twitter, Google Plus, Pinterest, Snapchat or Instagram). In making these requests, DGG will typically incentivize them by offering to Lead Prospect certain non-cash benefits.

5.2. Lead Prospect must consent to all changes in modus operandi for Ad delivery and promotion, provided that such changes have resulted from verified or proven updates to Campaign Terms.

5.3. Lead Prospect must not generate any Actions in bad faith or through fraudulent mechanisms. This includes, but is not limited to, generating own Actions using manual or automated processes, misrepresenting his/her personal or online identity, providing false or inaccurate survey data, providing false, inaccurate or invalid Form data, completing multiple submissions for the same Ad and encouraging or educating a fellow/prospective Lead Prospect to cancel any product purchase or service provided by an Advertiser.

5.4. Lead Prospect must not post, download, copy, reproduce or reuse the Ads viewed through Program (or their constituent creatives) in whole or in part. This is expressly prohibited for use in including (but not limited to) Lead Prospect's own promotional or marketing efforts. Any apparent breach of this provision shall result in Lead Prospect's immediate exclusion from Program, with full forfeiture of all unpaid Dividends and earnings.

5.5. Lead Prospect must not share, lend, lease, sell or transfer his/her Program inclusion to any third party unless prior written approval is obtained from DGG.

5.6. All legal and civic responsibility for the declaration of paid earnings (i.e. paid Dividend shares) to Lead Prospect's local, state and federal income tax authorities lies solely with Lead Prospect. Moreover, Lead Prospect is solely responsible for payment of any such income tax assessed on paid earnings derived from Lead Prospect's involvement in Program.

6. Advertising Services and Warranties.

6.1. Provided that Lead Prospect complies with all provisions of this Agreement and Program Terms, DGG hereby grants to Lead Prospect a non-exclusive, limited, revocable license to view the Ads in connection with its obligations hereunder; and to respond to the Ad with any requested information in connection with its obligations hereunder. Lead Prospect's use of Ads or copyrighted materials in violation of this Agreement is strictly forbidden and will result in this limited license being immediately withdrawn and may further result in the termination of the Lead Prospect's inclusion in Program and being held liable under applicable law.

6.2. DGG's sole obligation to the Lead Prospect under this Agreement with respect to Ads shall be to promote and display such Ads for use in his/her Program activities. The income opportunity made available by DGG via this Program is provided "as is". DGG makes no warranties, guarantees, promises, or estimates, expressed or implied, oral, written or otherwise except as specifically set forth herein, AND does not guarantee, including but not limited to, proper functioning of Ad platforms, average monthly earnings, applicable rates of income tax or variety of offers.

6.3. No additional warranties are provided.

7. Dividend Prerequisites, Declarations, Calculations and Payments.

7.1. Each month, every Advertiser makes a single, lumpsum payment to DGG based on aggregate Ad revenue earned. As a result, individual Lead Prospect earnings reports are not available from the Advertiser. In order to ensure fair compensation for each Lead Prospect, DGG has devised a reliable method for determining the exact contribution made by each individual Lead Prospect towards the overall Ad revenue earned. To this end, DGG requires Lead Prospect to complete four (4) tasks per Ad interaction:

1. Click on the banner Ad. Next, Lead Prospect will be redirected to a Web page containing instructions for ensuring that all qualifying Actions which occur during Lead Prospect's User session are credited to him/her individually.


2. Once Lead Prospect confirms that he/she has read these instructions, the appropriate Ad appears. The Web page for this Ad will contain a Form, typically consisting of a single input field.


3. In order to have his/her Actions ratified for payment by Advertiser, Lead Prospect must submit truthful, accurate, valid and complete data into all of the Form's input fields.


4. Finally, upon submitting the data required by the Advertiser, Lead Prospect must show proof of Dividend Qualification by e-mailing to DGG a screen capture image or photo of the Web page which follows submission of the Form. Alternatively, Lead Prospect may copy said Web page's internet address (URL) and e-mail it to DGG as similar proof. In order to facilitate Dividend payout, Lead Prospect must take care to e-mail the requested screen image, photo or URL using the same valid, active Paypal/Amazon address which he/she previously used to pre-qualify for inclusion in the Program as per sub-clause 4.2 above. For this same purpose, DGG's recipient e-mail will be provided on the instructional Web page mentioned in step 1) above.

7.2. On the first day of each month, DGG shall tally up the total Ad revenue earned through the operation of the Program over the previous month. Approximately nine (9) business days later (and based both upon the Program's earnings and the revenue-earning Lead Prospect count), DGG shall declare a Dividend payout amounting to between 5 percent and 30 percent of the total Ad revenue for the past calendar month. This Dividend will be communicated throughout the Platform.

7.3. After declaration, the Dividend share due to each Lead Prospect shall be calculated using the formula (number of Dividend Qualifications credited to Lead Prospect DIVIDED BY total number of Dividend Qualifications) MULTIPLIED BY Dividend amount declared.

7.4. Dividend payouts shall commence within ten (10) business days from the last day of each month in which earnings are accrued. Until further notice, all Dividend payouts will be completed using Paypal or Amazon Gift Cards. Accordingly, each Lead Prospect is required to possess a valid, active Paypal/Amazon account in good standing which can receive payments or gift cards. Each Dividend-earning Lead Prospect shall be paid his/her due share of the declared Dividend, provided the net amount due to said Lead Prospect is at least five dollars ($5) in United States currency after payment of any transaction fees which may apply to the requisite money transfer. If Lead Prospect's gross payout is less than the sum of the stipulated minimum payout and any applicable transaction fees, Lead Prospect's payout will be deferred by DGG until such time as Lead Prospect accumulates enough earnings to cover his/her Dividend payout expenses. In this instance, Lead Prospect will be notified of such deferral in writing at the e-mail address used to submit proof of Lead Prospect's Dividend Qualification. Subsequently, Lead Prospect shall receive similar notification when his/her accumulated earnings have met the Payout Qualification criteria. Payouts shall always be made for the full amount due as at the time of Payout Qualification. DGG shall never hold any monies due to a Lead Prospect past its matching payout period except where the amount earned by said Lead Prospect is insufficient to satisfy the Program's payout requirements.

7.5 Whilst making Dividend payouts to Dually-Registered Payees, DGG hereby reserves the right to use whichever payment medium is most convenient for DGG at that time. DGG further asserts that it may split any number of payments due to Dually-Registered Payees across both Paypal AND Amazon, whenever and however deemed necessary by DGG at that time.

7.6. Dividends will only be earned on Actions reported by the Advertiser. DGG is under no obligation to pay any Lead Prospect for Actions which are not paid by the Advertiser. However, until further notice, DGG will pay each Lead Prospect for qualifying Actions approximately five (5) business days before receiving matching payment from the Advertiser.

7.7. DGG or the Advertiser may reverse any Action generated by the Lead Prospect. Circumstances for Action reversals include but are not limited to duplicate Actions, fraudulently generated Actions, non-payment, Lead Prospect's failure to comply with the Agreement, invalid or incomplete data, or product returns. Reversals may be applied at any time, including for Actions during a period where payment has already been issued to the Lead Prospect.

7.8. In the event that reversals are applied to Actions for which a Lead Prospect has already been paid, Lead Prospect is required to return payment for these Actions to DGG.

8. Representations and Warranties.

8.1. Each Party represents and warrants they have full corporate right, power, and authority to enter into this Agreement, to grant the rights and licenses granted and to perform the acts required of it.

8.2. Lead Prospect represents and warrants that he/she bears full legal and civic responsibility for the declaration of all income earned via Program, as well as for payment of all local, state and federal taxes deemed to be payable on such income.

8.3. Each Party acknowledges that the other Party makes no representations, warranties, or agreements related to the subject matter hereof that are not expressly provided for in this Agreement.

9. Non-Circumvention.

9.1. Lead Prospect shall not solicit or recruit, directly or indirectly, any Advertiser that is known to Lead Prospect to be an Advertiser of DGG, for purposes of offering products or services that are competitive with DGG, nor contact such Advertiser for any purpose, during the term of Lead Prospect's inclusion in the Program and for the twelve (12)- month period following termination of Lead Prospect's inclusion in the Program.

10. Limitation of Liability.

10.1. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR COSTS, DIRECT OR INDIRECT, (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM LEAD'S PARTICIPATION IN PROGRAM. DGG SHALL NOT IN ANY EVENT BE LIABLE TO LEAD FOR MORE THAN THE AMOUNT PAID TO LEAD HEREUNDER. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST DGG MORE THAN ONE YEAR AFTER THE DATE OF INITIAL PROGRAM ADMITTANCE.

10.2. Lead Prospect agrees to not hold DGG or any Advertiser liable for any of the consequences of Program interruption.

11. Indemnification.

11.1. Lead Prospect hereto agrees to indemnify and hold harmless DGG, Advertiser, and each if its agents, officers, directors and employees against all liability to third parties resulting from the acts or failure to act of such indemnifying party, or any act of its customers or users.

11.2. DGG is hereby indemnified against all liability arising from Lead Prospect's non-declaration of any portion of income earned via Program, as well as from non-payment (in whole or in part) of any local, state or federal taxes deemed to be payable on such income.

12. Confidentiality.

12.1. Lead Prospect agrees to refrain from disclosing DGG's confidential information or the Advertiser's confidential information (including but not limited to e-mail addresses, Ad promotion methods, creatives, Dividend prerequisites and identities of any given Advertiser or of other Program partners) to any third-party without prior written permission from DGG.

13. Force Majeure.

13.1. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, terrorism, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within three (3) business days of such event or occurrence.

14. Relationship.

14.1. The Parties to the Agreement are independent, non-exclusive contractors. Neither Party will have any right, or authority to enter into any agreement on behalf of, or incur any obligation or liability of, or to otherwise bind the other Party, nor is either party an agent, representative, partner, employee, or joint venture of the other Party.

15. Remedies.

15.1. DGG reserves the right to withhold payment and take appropriate legal action to cover its damages against any Lead Prospect that violates the terms of this Agreement or breaches the representations and warranties set forth in this Agreement, or commits fraudulent activity against DGG. Except as otherwise specified, the rights and remedies granted to a Party under the Agreement are cumulative and in addition to, not in lieu of, any other rights and remedies which the Party may possess at law or in equity.

16. Entire Agreement.

16.1. This Agreement constitutes the entire and only agreement and supersedes any and all prior agreements, whether written, oral, express, or implied, of the Parties with respect to the transactions set forth herein.

17. Governing Law.

17.1. The rights and obligations of the parties under this Agreement shall be governed by and construed under the laws of the State of Ohio, USA, without reference to conflict of laws principles.

18. Termination.

18.1. This Agreement may be terminated by either party. This Agreement may be terminated immediately upon notice for your breach of this Agreement.

18.2. DGG may terminate Lead Prospect from Program for any legally valid reason including (but not limited to) unfavorable alterations to Campaign Terms.

18.3. Upon termination of this Agreement, any permissions granted under this Agreement will terminate, and Lead Prospect must immediately cease all mention of or comment on Program, be it verbally, in writing or via any communication channel.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed and binding upon Lead Prospect's submission and DGG's acceptance of Lead Prospect's properly executed Dividend Qualification without need for further action by DGG.

© 2018 All Rights Reserved