DOTYETI 
TERMS & CONDITIONS

  • TERMS, ACCEPTANCE & AGREEMENT

These Terms and Conditions (this “Agreement”) apply to your use of the online services (the “Services”) provided by DotYeti Design LLC, its subsidiaries and affiliated businesses (“DotYeti,” “we,” or “us”) through its website located at DotYeti.com and mobile applications (the “Platform”).

In this Agreement, the terms “User” “Customer” “you” and “yours” refer to the person or entity that registered to use the Services and any other person using the Services. Each of Customer and DotYeti is a “Party” and collectively, the “Parties.”

Please read this Agreement carefully.

BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT.

YOU UNDERSTAND THAT BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE THIS AGREEMENT. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE THIS AGREEMENT, YOU MAY NOT USE THE SERVICES. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT CREATE AN ACCOUNT OR USE THE SERVICES OR THE PLATFORM.

We may update this Agreement from time to time. By continuing to use the Platform and the Services after the update, you accept the update in its entirety. All updates are effective upon posting. 

The Services and the Platform are controlled and operated from the United States. We make no representation that materials on the Platform or the Services are appropriate or available for use in other locations, and access to them from territories where its contents are illegal is prohibited. Each Customer and User is responsible for complying with all laws applicable to it.

  • ACCESS TO THE PLATFORM AND THE SERVICES

About the Services

DotYeti and our Platform allows customers to purchase design services and content created specifically for the customer.

License Grant

Subject to Customer’s compliance with this Agreement, including its payment obligations, DotYeti will make the Services available to Customer via the Platform, and grants Customer a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Services during the term to which Customer has subscribed solely for use in accordance with this Agreement.

Restrictions

Neither you nor any User will use the Services or the Platform in any manner or for any purpose other than as expressly permitted by this Agreement. Except as expressly authorized in this Agreement, Customer will not, and will ensure its users do not, directly or indirectly:

  1. reverse engineer, disassemble, or decompile the Services or the Platform or apply any other process or procedure to derive the source code of the Services;
  2. modify, translate, copy, or create derivative works of a Service, the Platform or any part, feature, function or user interface thereof;
  3. make any Service available to anyone other than Customer or its Users, or use any Service, the Platform, or the Deliverables (as defined below) for the benefit of anyone other than Customer or its affiliates, unless expressly agreed to by DotYeti in advance;
  4. sell, resell, license, sublicense, distribute, rent or lease any Service or the Platform, or include any Service or the Platform in a service bureau or outsourcing offering;
  5. attempt to gain unauthorized access to any Service or the Platform or its related systems or networks;
  6. Use the Services other than expressly permitted under this Agreement, including for benchmarking, competitive analysis, or creating a competing product; or
  7. Use the Services to violate third party rights or applicable laws. 

Your Access to the Services

You are responsible for obtaining appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described in the Services), at your own expense, to enable use of the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. We reserve the right to change the manner users access our Services, including any software, hardware, or other requirements of the Services at any time without prior notice.

We will use commercially reasonable efforts to make the Services available subject to planned downtime and any unscheduled emergency maintenance. 

Control of the Services

DotYeti has and will retain sole control over the operation, provision, maintenance and management of the Services and the Platform. DotYeti may change or discontinue any of the Services from time to time.

  • PRIVACY POLICY AND ELIGIBILITY TO USE THE SERVICES

You may not use the Services if you are under 13 or if you are between the ages of 13 and 16 and live in a jurisdiction where parental consent would be required for us to process your personal information. We reserve the right to refuse access by users under certain ages, as set in our sole discretion from time to time.

Our privacy policy, (the “Privacy Policy”), describes how we may use your personal information. By continuing to use the Services or the Platform, you accept the Privacy Policy, which is incorporated into this Agreement by reference. If you do not agree with the Privacy Policy, do not use the Services or the Platform.

  • PROPRIETARY RIGHTS

DotYeti Ownership

DotYeti or its licensors own all right, title, and interest in and to the Services, the Platform, the DotYeti Content (as defined below) and all related technology and intellectual property rights. Except for the limited license provided in Section 2 – License Grant and Section 4 – Deliverables, you obtain no other rights under the Agreement from DotYeti or suppliers to the Services or the DotYeti Content, including any related intellectual property rights.

Customer Content

Except for the rights granted in this section, Customer owns and reserves all right, title, and interest in and to the information, data or materials that Customer provides to us to use the Services (“Customer Content”), and any intellectual property rights therein.

By submitting Customer Content to us, you are representing that you are the owner of such Customer Content or have the necessary rights, licenses, and authorization to distribute it.  Customer is solely responsible for the procurement, accuracy, legality, and content of Customer Content. Customer hereby grants DotYeti the right to host and process Customer Content in order to provide the Services to Customer under this Agreement and to improve the Services.

Deliverables.

Subject to your compliance with this Agreement and the terms in this Agreement related to DotYeti Content, Customer is the sole and exclusive owner of all right, title, and interest in and to the Deliverables, including all intellectual property rights therein. 

Customer hereby grants DotYeti a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use, host, run, copy, reproduce, process, adapt, translate, publish, transmit, display and distribute any Deliverables in connection with the Services to provide the Services to Customer.  DotYeti may also use the Deliverables and Customer’s use of the Services to improve the Services.

Customer’s use of the Deliverables will comply with all applicable law and will not violate the intellectual property rights of any party.

“Deliverables” means content that we develop and provide specifically for Customer based on Customer’s design requests.  Deliverables excludes DotYeti Content, which is subject to certain license restrictions in this section.

DotYeti Content

Subject to Customer’s compliance with this Agreement (including its payment obligations), DotYeti grants Customer a revocable, non-exclusive, non-transferrable, royalty-free, worldwide right and license to the DotYeti Content for its personal or commercial use as incorporated in a Deliverable. Except as expressly provided in this Section 4 or as otherwise agreed to by DotYeti, all DotYeti Content is provided and licensed only for a specific use as incorporated into a Deliverable.  Customer may broadcast, display, distribute or reproduce that Deliverable that includes the DotYeti Content but only for that specific use as part of that Deliverable.  DotYeti will not provide, and Customer will not use, DotYeti Content on a stand-alone basis.   The DotYeti Content is subject to the use restrictions contained in Section 2.

 Except with DotYeti’s written consent, you may not: (i) sell, resell, rent, lease, sublicense, assign, or otherwise transfer any part of your rights to use DotYeti Content apart from the Deliverable into which it is incorporated; (ii) change, alter, adapt, translate, convert, modify, or make any derivative works of any DotYeti Content; or (iii) use DotYeti Content in any way that allows others to download, extract, or redistribute DotYeti Content as a standalone file or work.

DotYeti and our licensors retain ownership over DotYeti Content. We reserve the right to terminate, revoke, or withdraw all licenses upon your failure to comply with any provisions of this Agreement. In the event of any termination, you will have no further right to make use of the DotYeti Content, which may include the DotYeti Content that is included in your Deliverable.

“DotYeti Content” means pre-existing content that DotYeti owns or license, including artwork, stock photographs (provided by, for example, Freepik or other services), audio, typeface, video, and writings. While Customer is the sole and exclusive owner of all right, title, and interest in and to the Deliverables, the DotYeti Content incorporated in the Deliverables is subject to the license described in this Section – DotYeti Content. No rights are granted to Customer to any DotYeti Content other than as expressly set forth in this Agreement.

Feedback

If you provide any Feedback to DotYeti, DotYeti will be entitled to use the Feedback without restriction. You hereby irrevocably assign to DotYeti all right, title, and interest in and to the Feedback and agrees to provide DotYeti any assistance it requires to document, perfect, and maintain its rights in the Feedback. “Feedback” means all suggested improvements to the Services that you provide to us.

  • USER ACCOUNTS

If you register for an account to use our Services, you must provide accurate account information and ensure that you maintain the accuracy of this information at all times. You also must maintain the security of your account (including by logging out of your account at the end of each session), and promptly notify us if you discover or suspect that someone has accessed your account or your account credentials without your permission. If you permit others to use your account, you are responsible for the activities of those users.  

DotYeti reserves the right, in its sole discretion, to deactivate, change and/or require Customer to change Customer’s user credentials for any reason and at any time, with or without prior notice.

If Customer becomes aware of any actual or threatened activity prohibited by this Agreement, including the use restrictions in Section 2 and Section 4, Customer shall cause its Users to, promptly: (i) take all commercially reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and taking measures designed to prevent unauthorized access to the Services and the Platform and permanently erasing from their systems and destroying any data to which any of them have gained unauthorized access); and (ii) take all commercially reasonable and lawful measures to notify DotYeti of any such actual or threatened activity.

  • CONTENT ON THE PLATFORM AND DATA ERRATA

We make no warranties about the accuracy or completeness of the Platform’s content including but not limited to technological, typographical, or photographic errors. DotYeti may make changes to the materials contained on the Platform at any time without prior notice. DotYeti does not, however, assure any commitment to update the materials.

DotYeti assumes no liability for any (1) errors, mistakes, or inaccuracies of content and/or materials, (2) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Platform, and/or (3) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content, posted, transmitted, or otherwise made available via the Platform.

  • LINKS AND THIRD-PARTY CONTENT

DotYeti has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DotYeti of the site. Use of any such linked website is at the user’s own risk.

DotYeti makes no representations about the accuracy or completeness of any content of any websites linked to the Platform. We do not warrant, endorse, guarantee, or assume responsibility for any product or serviced advertised or offered by a third party through the Platform, any hyperlinked website, or any website or mobile application featured in any banner of advertising, and we will not be party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

  • FEES, REFUNDS, MONEY-BACK GUARANTEE, TRIALS AND PROMOTIONS

You acknowledge that prior to any obligation of DotYeti to perform under this Agreement, you agree to pay the fees in full, with regard to such amount specified during registration. Furthermore, you acknowledge that upon registering for the services through the Platform, you allow authorization for DotYeti to charge your method of payment (e.g. credit card) for the total amount of fees starting from your registration date up until the active period of your account and/or other informed fees that may occur. Payment of the fees shall be in such amounts and at such times as set forth by DotYeti through information provided to you and as authorized and agreed upon by you through the sign-up and registration process. Your account and access to the services provided via the Platform may be suspended in the event of non-payment of applicable fees. You represent and warrant to DotYeti that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information should there be any changes (e.g. change/s in your billing address or credit card expiration date) that may occur.

You may cancel your subscription with DotYeti at any time. Upon cancellation, you will continue to have access to DotYeti’s services and your design files through the end of your paid billing term. Access to your account’s design files requires an active subscription. Cancelled accounts will not have access to their files once their billing term has ended. You are responsible yourself for cancelling the subscription to avoid any future charges.

DotYeti reserves the right to change its fees from time to time by posting the changes on the Platform within five (5) days’ prior notice—with no advance notice required for temporary promotions or reductions in fees.

For free trials: you may cancel your subscription within the first 10 days trial period of any purchase of a subscription plan. During this period you will not be charged. After the 10 days free trial has been exceeded, you will be charged for the registered fee. During the free trial period, you are not eligible for the money-back-guarantee.

For money back guarantee: you may request a refund your subscription fee within the first 14 days of any purchase of a subscription plan (the “money-back-guarantee period”) without any applied discount. During this period you will be eligible to receive a full refund of your payment minus $65 USD transactions and administration costs. We will refund the said amount within 45 days. After the money-back-guarantee period has elapsed, you will not be eligible for a refund on your subscription. If you ask for additional files, revisions or submit a new request after the money-back-guarantee period has elapsed, you will not be eligible for a refund. The money-back-guarantee is only applicable when you are not satisfied with the quality of the provided services and have attended virtual onboarding call with the DotYeti creative team members to discuss your expectations and provide an opportunity for DotYeti to align with those expectations. In the event that we determine that a refund request does not comply with these requirements or is otherwise being abused or made in bad faith, we may reject a refund request in our sole discretion. In any other cases that are out of control of DotYeti; such as non-shows, client delays, vague briefings or instructions, non-responsiveness, non-usage and others, the money-back-guarantee is not applicable.

For pay-as-you-go: You are not eligible for a refund for this type of request. Also for all the pay-as-you-go we only deliver the amount that has been stated as the delivered assets. For any revisions that goes beyond the respectable amount of max 5 or/and total request duration of 3 weeks, we may charge additional fees.

For client mistakes: After assessment of the finance team it may be possible to receive a refund of your payment minus $65 USD transactions and administration costs.

There are no refunds for partial subscription plans under any circumstance, including unused time on a plan. Promotions, upgrades, and adjustments to existing plans are non-refundable.

You, the client, are responsible for utilizing DotYeti upon successful transaction of payment. DotYeti cannot be held liable for any technical or other errors pertaining to billing matters that may arise.

DotYeti highly supports credit card payments. For payments other than credit cards, we may charge 10% extra for administration & accounting fees.

  • WORK AND DELIVERY OUTPUT

While we expressly accept unlimited requests and revisions, our output volume depends on many factors, particularly the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines; but it is our suggestion not to use our service for time-sensitive requests.

  • ACCEPTABLE USE POLICY

You are prohibited from posting or transmitting to or from the Platform or incorporating into any Deliverable any content or material that is, or using the Services in any manner that is, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane. You will not use the Services in any manner that could give rise to any civil or criminal liability under applicable law.  

  • ADDITIONAL TERMS REGARDING DELIVERABLES AND OUR PROCESS

DotYeti is not liable for any errors that may occur in the usage of the design, e.g. with print media (colors, dimensions, output quality), recommended is to coordinate with their printer/print shop before submitting any print request.

 To make sure our service is as flexible as possible, users have the possibility to pause their requests. This can be done by asking one of the assigned account managers. To maintain fair usage of this feature, users agree to only pause their requests a maximum of; basic 1 time, premium 2 times and royal 2 times per month. The pause limit will reset on the first day of subscription period. This ensures that our resources are being used with thought and care.

While we maintain our best effort to keep mistakes at a minimum, due to the nature of creative design, we can not guarantee that all files delivered will be completely error-free. Upon delivery of your file/s, you agree to review and proof such file/s for any errors or omissions and thereafter notify our team should there be any desired changes/corrections. We will do our best to accommodate, as soon as possible, any requests of revision to correct the mistakes. DotYeti is not responsible or liable for any losses or expenses incurred from errors or omissions.

DotYeti is designed for the reasonable use of a single individual or authorized individuals, whether for personal use or on behalf of an entity. We are not meant to be an exact substitution for a full-time graphic designer—and we expect our Customers to be reasonable with their requests!

If we deem that you are not in alignment with our model, violate our core values, are abusing our services or harassing team in any way, such as (but not limited to) using our services for illegal or obscene/offensively profane purposes, cursing towards, overdemanding or showing no respect towards our team and/or finding abusive loopholes in our Platform, we reserve the right to immediately cancel your account on which you have no right on any money-back-guarantee or possible refunds.

  • SUSPENSION

DotYeti may suspend Customer’s or any User’s right to access or use any portion or all of the Services or the Platform immediately upon notice to Customer if DotYeti determines, in its sole discretion:

    • Customer or a User’s use of the Services or the Platform (a) poses a security risk to Services or the Platform or any third party, (b) could adversely impact our systems or the Services or the Platform, (c) could subject DotYeti or any third party to liability, or (d) could be fraudulent;
    • Customer, or any User, is in breach of this Agreement;
    • Customer exceeds reasonable usage of our Services;
    • Customer has violated our Acceptable Use Policy or is otherwise using our Services for illegal or obscene/offensive/profane purposes;
    • Customer is disrespectful to any employee or contractor of DotYeti including the use of profanity in its communication;
    • Customer is in breach of its payment obligations; or
  • Customer has ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
  • REPRESENTATIONS AND WARRANTIES

Mutual Representations and Warranties

Each Party represents and warrants that: (i) it has full power and authority, and has obtained all approvals, permissions and consents necessary, to enter into this Agreement and to perform its obligations hereunder; (ii) this Agreement is legally binding upon it and enforceable in accordance with its terms; and (iii) the execution, delivery and performance of this Agreement does not and will not conflict with any agreement, instrument, judgment or understanding to which it is a party or by which it may be bound.

Customer Representations and Warranties

Customer represents and warrants that (i) Customer has all rights to grant the licenses to DotYeti set forth in this Agreement, including to Customer Content, without infringement or violation of any applicable laws or third-party rights, including, any privacy rights or any intellectual property or proprietary rights, and (ii) Customer’s use of the Services will comply with applicable law.

  • INDEMNIFICATION

You agree to defend, indemnify, and hold DotYeti and any third parties offering products or services through the Services harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Services, the Platform, and the Deliverables, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

  • DISCLAIMER

EXCEPT FOR DOTYETI’S EXPRESS REPRESENTATION’S AND WARRANTIES SET FORTH HEREIN, THE SERVICES, THE PLATFORM, AND THE DELIVERABLES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, DOTYETI AND ITS AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES THE PLATFORM, OR THE DELIVERABLES OR ANY THIRD-PARTY CONTENT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICES, THE PLATFORM, OR THE DELIVERABLES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, (IV) WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS AND (V) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. ANY ADVICE OR OTHER INFORMATION OBTAINED THROUGH DOTYETI’S PRODUCTS AND SERVICES WILL BE USED BY CUSTOMER AND ITS AUTHORIZED USERS SOLELY AT THEIR OWN RISK.

  • LIMITATION OF LIABILITY

DOTYETI AND IT’S AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER DOTYETI NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES PLATFORM, OR THE DELIVERABLES, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES OR THE PLATFORM, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER ANY POLICIES, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (C) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. DOTYETI AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO DOTYETI UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION 16 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  • SAMPLE WORK / PORTFOLIO PURPOSES

By default, you acknowledge that you provide DotYeti with a non-exclusive right and license to publish your Deliverables in our portfolio, social media, and/or other media/communication efforts. We will, in our best effort, seek written permission before we post anything publicly. If you would like to revoke this right, please notify our team in writing to [email protected]

  • CONFIDENTIALITY

We uphold confidentiality in all communication regarding your brand and business. We will only communicate to those who have been granted authorized use of your account and will not share any information entrusted with DotYeti to anyone outside our organization—subject to our Privacy Policy.

  • NON-SOLICITATION OF DOTYETI TEAM

“Employee Poaching” means the act of attempting to recruit or hire employee or contractor of DotYeti (“Consultants”). You agree that during the term of your subscription and for one year thereafter to not engage in any form of Employee Poaching, whether it be through direct contact with employees or through intermediaries. This includes but is not limited to soliciting employees to leave their current position or to join your own organization. Any such actions will be considered a breach of our terms and conditions and may result in immediate suspension, or termination of your account. We take Employee Poaching very seriously and will not tolerate any behavior that undermines the integrity of our Platform or harms the businesses and organizations that use it.

The parties recognize that damages for breach of this Section 19 are difficult to determine and thus agree that should Customer breach the terms of Section 19, Customer agrees to compensate DotYeti for its losses as liquidated damages, and not as a penalty, a conversion fee (the “Conversion Fee”) equal to 25% of the Consultant’s first year of salary at the time of hire. Customer must notify DotYeti within five (5) business days of engaging or hiring Consultant, and such notification shall include Consultant’s salary or projected billing. Payment of the Conversion Fee is due at the time of such notice. Should Consultant’s salary or billing exceed the projected amount within twelve (12) months of Customer’s independent engagement of Consultant, Customer must notify DotYeti within five (5) business days of such change and pay any additional amounts due. Customer shall not be eligible for any refund of Conversion Fees under any circumstances.

  • GOVERNING LAW AND DISPUTES

This Agreement shall be governed by and construed in accordance with the laws of the state of Washington, without giving effect to conflict of laws provisions which may direct the application of another jurisdiction’s laws. All disputes, controversies or claims between the Parties arising out of or in connection with this Agreement (including its existence, validity or termination) shall be finally resolved by arbitration to be held in Seattle, Washington and conducted in English by the American Arbitration Association in accordance with its Commercial Arbitration Rules; provided, however, that each Party may enforce its or its affiliates’ rights under Section 22- Injunctive Relief in any court of competent jurisdiction, including but not limited to equitable relief. The arbitral award shall be final and binding on the Parties. Except to the extent entry of judgment and any subsequent enforcement may require disclosure, all matters relating to the arbitration, including the award, shall be held in confidence.

  • TERMINATION

You may terminate your account at any time in your account setting or by contacting [email protected]. DotYeti may terminate your use of the Services or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement. The provisions of this Agreement concerning Service security, prohibited activities, intellectual property rights and licenses, disclaimers, limitation of liability, arbitration, and resolution of disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with DotYeti.

  • MISCELLANEOUS

Knowledge Base

This Agreement includes and incorporates by reference any help content or program policies we make available on the Platform, including in our Knowledge Base (“Documentation”).

Entire Agreement

This Agreement, the Privacy Policy, and any Documentation we make available to you is the entire agreement between DotYeti and Customer regarding Customer’s use of Services, the Platform, and the Deliverables and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) this Agreement, (2) the Privacy Policy; and (3) the Documentation. In the event of any conflict among the Documentation, the content posted later in time will prevail.

Assignment

Neither Party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other Party’s prior written consent (not to be unreasonably withheld); provided, however, either Party may assign this Agreement in its entirety, without the other Party’s consent to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns. DotYeti may from time to time in its sole discretion engage third parties to perform Services.

Waiver

No failure or delay by either Party in exercising any right under this Agreement will constitute a waiver of that right.

Third-party Beneficiaries

There are no third-party beneficiaries under this Agreement.

Export Compliance

The Services, the Platform, other DotYeti technology, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Customers represents that it is not on any U.S. government denied-party list. Customer will not permit any User to access or use any Service or the Platform in a U.S.-embargoed country or region (currently the Crimea, Luhansk or Donetsk regions, Cuba, Iran, North Korea, or Syria) or in violation of any U.S. export law or regulation.

Relationship of the Parties

DotYeti is an independent contractor. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between Customer and DotYeti. Each Party will be solely responsible for payment of all compensation owed to its employees, as well as all employment-related taxes.

Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect.

Publicity

Neither Customer nor DotYeti shall publish any press release, make any other public announcement or otherwise communicate with any news media concerning this Agreement or the transactions contemplated hereby without the prior written consent of the other Party, except: (i) nothing contained herein shall prevent either Party from promptly making all filings with governmental authorities as may, in its judgement be required or advisable in connection with the execution and delivery of this Agreement or the consummation of the transactions contemplated hereby; and (ii) Customer consents to the inclusion of its name and logo in client lists and marketing materials that may be published as part of DotYeti’s marketing and promotional efforts.

Notices

All notices to a Party to this Agreement shall be in writing, and delivered by certified mail, return receipt requested, overnight courier service, or by facsimile with confirmation by the above described mailing methods to the address: (i) in the case of Customer, to the address provided to DotYeti at the time of account registration or otherwise updated from to time with notice to DotYeti in accordance with this Section 22; and (ii) in the case of DotYeti:

DotYeti Design LLC
838 Walker Road, 21-2 Dover, DE 19904

Notice will be deemed delivered and received on the date it is actually received.

Injunctive Relief

Each Party agrees that, in the event of any breach or threatened breach of Section 2, Section 5, or Section 19, the non-breaching Party will suffer irreparable damage for which it will have no adequate remedy at law. Accordingly, the non-breaching Party shall be entitled to seek injunctive and other equitable remedies to prevent or restrain such breach or threatened breach, without the necessity of posting any bond.

Cost of Enforcement

In the event of any breach of this Agreement by a Party (the “Breaching Party”), the Breaching Party shall be responsible for all reasonable costs, expenses, and attorneys’ fees incurred by the other Party (the “Non-Breaching Party”) in enforcing the terms of this Agreement, including but not limited to costs associated with the recovery of any amounts owed under this Agreement and costs incurred in any litigation, arbitration, or other dispute resolution proceedings. The Non-Breaching Party shall be entitled to seek such costs, expenses, and attorneys’ fees from the Breaching Party as part of any judgment or award.

Force Majeure 

Any failure or delay by DotYeti in the performance of its obligations pursuant to this Agreement will not be deemed a default or breach of the Agreement or a ground for termination to the extent such failure or delay is due to circumstances beyond DotYeti’s reasonable control, including computer or internet or telecommunications breakdowns, denial of service attacks, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil unrest, rebellions or revolutions in the United States or any nation where the obligations under this Agreement are to be executed, strikes, supplier and third party failure, lockouts, or labor difficulties, or any similar cause beyond the reasonable control of DotYeti.

  • AFFILIATE PROGRAM

If you are a member of our Affiliate Program, these additional terms and conditions apply.

  1. Approve or Reject of the Registration

We reserve the right to approve or reject ANY Affiliate Program Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.

  1. Affiliate Links

The affiliate link is automatically generated. If a person clicks on someone else’s referral link and then later they click on yours, yours is the one that counts.

Affiliate may also advertise merchant website on online channels such as Facebook, Instagram, or any offline classified channel ads, magazines, and newspapers.

  1. Commissions and payment

When you refer any customer that makes a purchase on our website, you will get a commission amount which is calculated based on affiliate program fee. Commission amount is dependent on order value and not including extra fee (tax, shipping cost,…).

For an Affiliate to receive a commission, you need to specify the payment details. Payment schedule will be following the program and will be stated inside the tool.

The commission structure is only applicable when referring new clients, the commission doesn’t apply when referring internally or using the affiliate registration for your own registration.

Payments will only be sent for transactions that have been successfully completed. Use of the Affiliate Program is subject to a fair use policy which gives merchant the right to review each and every referral order. Status of commission if displayed in Commission tab, any paid commission will be listed on Payment tab. Transactions that result in chargebacks or refunds will not be paid out. We reserve the right to reject ANY commission being paid, if the above principles are not being followed accordingly.

  1. Marketing tool

We may share promotion media such as banner, logo or specific collection promotion to you which you can use for better promotion of the program.

  1. Cookie

We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them. If a person doesn’t allow cookies or clears their cookies then we can’t track them so can’t pay earnings on that person’s activity.

Cookies day is said on the affiliate platform. The tracking day will start from the time a customer clicks on the affiliate’s link or use the coupon. Within the cookie time, every order made by this customer at merchant website will automatically result in commissions to the affiliate (There’s no need for the customer to click on the affiliate link then).