Please read this agreement carefully before participating in the Dryad Games Affiliate Program.
This Affiliate Program Agreement ("Agreement") is entered into between Dryad Games, a Colorado Limited Liability Company, having a principal place of business at 5470 S Vivian St, Littleton, CO 80127 ("Company," "We," or "Us", or “Dryad Games”) and an individual or entity agreeing to participate in our affiliate program ("Affiliate," "You," or "Your"). By registering for or participating in the Dryad Games Affiliate Program, you agree to be bound by the terms and conditions of this Agreement.
The Dryad Games Affiliate Program (“Program”) allows approved participants (“Affiliates”) to earn commissions (defined below) by referring customers to Our online store at dryad- games.com using a designated Referral Link, Special Link, or Coupon Code. Affiliate agrees to promote Company’s products using unique referral links or coupon codes. Affiliate will earn a commission on qualifying purchases made through those links for the Term.
To participate in the Affiliate Program, you must:
We reserve the right to approve or deny any application at Our sole discretion and to terminate any affiliate relationship at any time for any reason subject to the termination section. We reserve the right to create tiers of Affiliates or other benefits for Affiliates who meet certain criteria from time to time, so long as such tiers or benefits are non-discriminatory and equitably applied.
Unless otherwise stated when you receive a particular Special Link or Coupon Code, Approved Affiliate will earn a commission of 5% (five percent) on the “Net Sale Amount” of each Qualifying Purchase completed by a referred customer (“Affiliate Commission”) and not cancelled, returned, or determined to be fraudulent prior to the payment being issued. The ”Net Sale Amount” is the final order subtotal, as calculated by Dryad Games, after any discounts or coupons other than the Affiliate Commission are applied, excluding shipping charges, taxes, and fees.
A “Qualifying Purchase” is a completed, paid order on a non-excluded item made by a new or returning customer who:
Delayed purchases are not qualifying purchases. Items may be "excluded” if they are listed on the Dryad Games site as being excluded from Link or Code benefits.
Commissions are not earned on:
Company shall not reimburse Affiliate for any expenses incurred in the promotion of Dryad Games or its products.
Dryad Games uses a 30-day tracking cookie for Referral Links. If a referred visitor completes a purchase within 30 days of clicking Your Referral Link, You will be credited for the commission once the Qualifying Purchase is completed. If the same visitor clicks another affiliate's link or uses another affiliate’s Coupon Code before completing their purchase, the most recent referral will be credited (last-click attribution).
Special Links and Coupon Codes must be used within the time designated in the Special Link or Coupon Code when provided. If not time is provided, the tracking cookie will apply (for Special Links) or the Coupon Code will expire within thirty days of the time provided to Affiliate.
Commissions are calculated on a monthly basis and paid within 30 days following the end of each calendar month, provided the Affiliate's unpaid commission balance meets or exceeds the minimum payout threshold of $20.00 (twenty US Dollars). Affiliate bears the risk of exchange rate fluctuation.
Commissions that do not meet the minimum threshold will roll over to the following month. Payments will be made via PayPal to the tax identification number on Affiliate’s W-9 unless an alternative payment method is agreed upon in writing. No alternative recipients are permitted. Affiliate shall be responsible for all fees charged by their payment provider. If Your PayPal account is discontinued or if Your payment is returned to us for any reason, We will provide You with no more than three notices and requests for updated PayPal information. After that, You agree to forfeit Your Commission and that Your Affiliate Agreement will be terminated.
You may request a report of your commissions and unpaid commission balance up to once per month. We will send the report to you within seven (7) business days of a reasonable request.
Affiliate agrees to promote Dryad Games in a manner that is honest, accurate, and consistent with Our brand values. Affiliate shall comply with all applicable laws and regulations, including the FTC's guidelines on endorsements and testimonials (16 C.F.R. Part 255).
Affiliate shall clearly disclose their affiliate relationship with Dryad Games in any content where Affiliate Links or Codes appear.
An acceptable disclosure example: "This post contains affiliate links. I may earn a commission if you make a purchase through my link, at no extra cost to you."
Affiliate shall NOT:
Dryad Games grants Affiliate a limited, non-exclusive, revocable license to use our approved logos, product images, and marketing materials solely for the purpose of promoting the Program solely as provided to Affiliate or as on the website. This license does not grant any rights to modify Our branding or create materials that could be mistaken for official Dryad Games communications. This license shall terminate automatically upon the termination of this Agreement.
All Company trademarks, logos, and content remain the exclusive property of the Company. Affiliate shall not register domain names containing "Dryad Games" or any confusingly similar variation, register trademarks which are confusingly similar to “Dryad Games”, or create any AI- generated content using Dryad Games’ logo, name, or content.
This Agreement begins the business day after We provide you written notice of approval of Your Affiliate Application and confirm that we have received all of your eligible items under Section 2 (“Effective Date”). If those happen on separate dates, the Effective Date is the later of them. This Agreement continues until Affiliate has not received any Commission through any Links or Codes for twelve consecutive months or until either Party provides the other Party notice of termination as stated below.
Dryad Games may immediately terminate this Agreement if You:
You or Dryad Games may terminate this Agreement with at least thirty (30) days prior written notice to the other Party. The associated Links and Codes will remain effective for the notice period.
At the first regular payment date after the termination date, Company shall pay Affiliate any earned but unpaid commissions for Qualifying Purchases that occurred prior to the Termination Date, regardless of amount. No commissions shall be paid to You for any fraud or violations that are determined to have occurred by You or in the event that Termination is due to Your failure to maintain a PayPal account. Unearned or fraudulently generated commissions shall be forfeited. Your license shall automatically terminate on the termination date. Nothing in this section shall waive Our right to recover damages arising from any breach of this Agreement or other rights.
Affiliate is an independent contractor. Nothing in this Agreement creates an employment, partnership, joint venture, or agency relationship between Dryad Games and Affiliate. Affiliate shall be sole responsibility for its own tax withholding, its own tax payments, any tax related obligations associated with commissions earned, payments of its own employees, payments of its own insurance, and payments of its own contractors or subcontractors. Nothing in the Agreement or otherwise shall create such obligations on the part of Company.
Company verifies and certifies that it is a Colorado Limited Liability Company. Affiliate verifies and certifies that they are a limited liability company or corporation or that they have signed and notarized the document as an individual as provided in the signature block. Each Party certifies that they have no currently known legal or tax issues or contractual obligations (such as no- competition clause or a duty of loyalty conflict) that would prevent them from entering into this Agreement.
THE DRYAD GAMES AFFILIATE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. DRYAD GAMES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR PARTICIPATION IN THE AFFILIATE PROGRAM, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR BUSINESS INTERRUPTION.
EACH PARTY (“INDEMNIFYING PARTY”) AGREES TO INDEMNIFY, DEFEND,, AND HOLD HARMLESS THE OTHER (“INDEMNIFIED PARTY”) FROM THIRD-PARTY SUITS, ACTIONS, DAMAGES, AND COSTS AGAINS THE INDEMNIFIED PARTY DUE TO THE INDEMNIFYING PARTY’S BREACH OF ANY OF THESE CONTRACT PROVISIONS, GROSS NEGLIGENCE, RECKLESS OR INTENTIONAL CONDUCT OR OMISSIONS, OR VIOLATIONS OF LAW, CRIMINAL OR OTHERWISE, CONDUCTED IN PURSUIT OF THIS AGREEMENT OR THE PROGRAM, INCLUDING ANY REASONABLE COSTS AND ATTORNEY’S FEES.
Company does not guarantee any specific level of earnings or referrals through the Program.
We reserve the right to modify the terms of this Agreement, commission rates, or the Program at any time. We will notify active Affiliates of material changes via email or through the affiliate portal. Your continued participation in the program after changes take effect constitutes acceptance of the updated terms.
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. If there is a dispute arising out of or related to this Agreement, the Parties first agree to resolve the dispute through negotiation. If negotiation is unsuccessful, the Parties agree to submit to mediation at JAMS in Denver. The Parties agree to use the JAMS Mediation rules. If mediation is unsuccessful, the Parties agree to resolve the dispute through arbitration at JAMS in Denver, Colorado, using the JAMS Arbitration rules. In the event of a dispute, the prevailing party shall be entitled to reasonable legal costs and attorneys’ fees.
This Agreement and any appendices constitutes the entire agreement between Company and Affiliate with respect to the Affiliate Program and supersedes all prior discussions, representations, or agreements relating to the same subject matter. Any portion of this Agreement that is found to be unenforceable or invalid shall be severed from this Agreement in its smallest part so that the remainder may be enforced.
By participating in the Dryad Games Affiliate Program, You acknowledge that You have read, understood, and agree to be bound by the terms of this Agreement.
