Terms & Conditions
Last Update: February 12. 2024
General
This website (the “Site”) is owned and operated by DN MEDIA INC d/b/a “dfydave.com/” (“COMPANY,” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on the use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos, and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text, or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights, and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content, or intellectual property.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products, or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products, or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.
Legal Notice
For all complaints or questions about the product or in general, you can reach me out via email: support@dfydave.com
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY THE COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE ACCORDING TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees, and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees of each from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. If you make a purchase from a merchant on the Site or a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence, or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false, or fraudulent purposes or to anticipate demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Your purchase is for personal use only. Sharing of purchases is not permitted and will be considered unauthorized, an infringing use of our copyrighted material, and may subject violators to liability.
If payment for a course is declined, our system will automatically disable access to our premium materials. (We understand. This usually happens because a credit card expires.) We want to help restore your access, so we’ll make every attempt to contact you to help resolve this issue. Once the billing issue is resolved, we’ll restore access.
YouTube Coaching with Dave Nick
Welcome to the YouTube Coaching with Dave Nick (the “Program”), operated by DN MEDIA, INC. (“Company”, “we”, “our”, or “us”). By purchasing or accessing the Program through our website, you agree to the following Terms of Service. Please read them carefully.
1. Program Description
The Program includes group coaching calls, online course materials hosted on Skool, access to a private community, WhatsApp support, and a dedicated Success Manager for a 90-day period. Lifetime access to the course content and community is provided, subject to platform availability.
2. Eligibility and Participant Responsibilities
The Program is open to individuals interested in starting or growing a YouTube channel. Participants agree to attend at least 75% of coaching calls and complete at least 90% of weekly progress reports. Respectful conduct within the community is required.
3. Fees and Payment Terms
The Program fee is $4,995. Payment may be made in full or in installments. Once access is granted, all payments are final and non-refundable. Payment plans must be completed in full, and missed payments will result in access suspension until resolved.
4. No Refunds and Waiver of Cooling-Off Period
Due to the digital nature of the Program and immediate access to materials, all sales are final. By enrolling, you waive any statutory right to a cooling-off period or withdrawal. No refunds will be issued under any circumstances.
5. Program Access and Schedule
Access begins upon payment of at least 50% of the Program fee. Coaching calls are scheduled with at least 7 days’ notice. WhatsApp and email support are available during the 90-day period only.
6. Intellectual Property
All Program materials are the intellectual property of DN MEDIA, INC. and may not be reproduced, resold, or shared without permission. You may use strategies and insights for your personal business only.
7. Termination and Pausing
We reserve the right to terminate your access for non-payment, policy violations, or harassment. You may request to pause the Program for personal or medical reasons with 7 days’ notice. Approval is discretionary and does not cancel your payment obligations.
8. Data Privacy
We collect only your name and email for internal tracking purposes. Payment data is handled solely by our payment processor. Your data is never shared externally and is accessible only to top-level executives.
9. Disclaimer and Limitation of Liability
We do not guarantee any specific results from participation. Results depend on your effort. Our liability is limited to the amount you paid for the Program. We are not responsible for indirect or consequential damages.
10. Marketing and Testimonials
We may use testimonials for marketing purposes. You may opt out of having your name disclosed. Testimonial contributors may receive extended coaching access.
11. Dispute Resolution
These Terms are governed by the laws of the State of Wyoming. Any disputes shall be resolved via binding arbitration in Sheridan County, Wyoming, under the rules of the American Arbitration Association.
12. Force Majeure
We are not responsible for delays or failures caused by events beyond our control, including but not limited to natural disasters, pandemics, or platform outages.
13. Entire Agreement
These Terms constitute the entire agreement between you and DN MEDIA, INC. regarding the Program and supersede any prior agreements or understandings.
Interactive Features
This Site may include a variety of features, such as bulletin boards, weblogs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features that allow users to communicate with others. Responsibility for what is posted on bulletin boards, weblogs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information, or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
Restrict or inhibit any other user from using and enjoying the Site.
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.
Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Site to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.
Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
Use the Site to advertise or solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
COMPANY may host message boards, chats, and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats, or other public forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats, and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms, or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users, and visitors.
We occasionally include access to an online community as part of our programs. We want every single member to add value to the group. Our goal is to make your community the most valuable community you’re a member of. Therefore, we reserve the right to remove anyone at any time. We rarely do this, but we want to let you know how seriously we take our communities.
Registration
To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code, and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, weblogs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES, AND/OR MATERIALS COMPANY IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR.
WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY US IS INTENDED AS INVESTMENT, TAX, ACCOUNTING, OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. OUR INFORMATION SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS.
WE DO NOT OFFER OR PROVIDE TAX, LEGAL, OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.
YOU acknowledge and agree that no representation has been made by COMPANY OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume, or potential profitability that may be derived from the participation in THIS PROGRAM.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities outlined in these Terms of Service, shall survive.
Other
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: support@dfydave.com
This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly-owned subsidiaries
These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America and any dispute shall be subject to binding arbitration in the State of Wyoming. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Disclaimer
Although it is highly unlikely, This policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website.
If you have any questions or concerns regarding our privacy policy please direct them to: support@dfydave.com
Contact Information
Please feel free to contact us if you have any questions about our Terms & Conditions.
support@dfydave.com
DN MEDIA INC
30 North Gould Street,
Sheridan, Wyoming
82801
United States
Earnings Disclaimer
Last Update: March 2022
Disclaimer: No Earnings Projections, Promises, Or Representations
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations, or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of Dave Nicks products, and that we have not authorized any such projection, promise, or representation by others.
Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits that may be earned (whether such credits are convertible to cash or not).
There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”.
(i) The Economy. The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by Dave Nicks products.
(ii) Your Success Or Lack Of It. Your success in using the information or strategies provided at https://dfydave.com/ depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all.
Internet businesses and earnings derived therefrom, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase Dave Nicks products, and/or any monies spent setting up, operating, and/or marketing Dave Nicks products, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).
(iii) Forward-Looking Statements. MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD-LOOKING STATEMENTS HERE, IN OTHER MATERIALS CONTAINED ON THIS WEBSITE, OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
(iv) Due Diligence. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of professional advice. Nothing contained on the website or in materials available for sale or download on the website provides professional advice in any way. You should consult with your own accountant, lawyer, or professional advisor for any questions you may have.
We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.
(v) Purchase Price. Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for Dave Nick's products has been arbitrarily set by us. This price bears no relationship to objective standards.
Refund Policy
Last Update: February 12. 2024
Monetized YouTube Channel and Monetized TikTok Account:
All sales are considered final to reflect the nature of transferring digital assets, and we acknowledge that circumstances may arise warranting exceptions.
Refunds may be considered under the following conditions:
• The Buyer must submit a refund request within 48 hours of accepting the ownership.
• The Buyer must demonstrate that the channel has remained unaltered and not tampered with since the transfer.
• The Buyer must provide a detailed reason for the refund request, including any discrepancies or issues encountered. In cases where the channel exhibits problems in the first 14 days of ownership not caused by the Buyer, the Seller will offer a choice between a refund of the Purchase Price, deducting only the actual payment processing fees (not to exceed 10%), or the option to receive an alternative channel of equivalent value within 24 hours of recognizing the issue.
Long Form YouTube Video Package and YouTube Shorts Package:
Clients will have 2 (two) days from the delivery of the first draft to review and evaluate the work. If the Client is unsatisfied, they may request modifications or a refund per the conditions below.
Refunds requested at different stages of the project will be processed as follows:
• Before the first draft delivery: 100% refund minus the management and transaction fees (not to exceed 10% of the original sales price, including discounts and promotional offers).
• After the first draft delivery: 80% refund minus the management and transaction fees (not to exceed 10% of the original sales price, including discounts and promotional offers).
YouTube Coaching with Dave Nick:
We offer a 7-day refund window from the date of initial purchase. To be eligible for a refund, the Participant must submit a written request to support@dfydave.com within seven (7) calendar days of purchase and must not have accessed more than 10% of the Course content or participated in a live Coaching Call. If these conditions are met, a refund will be issued.
• DN MEDIA, INC reserves the right to withhold up to 10% of the total transaction in order to cover the payment processing and settlement fees.
• After the 7-day period, all payments are final and non-refundable due to immediate access to digital assets, coaching resources, and proprietary materials.
• Initiating a chargeback instead of requesting a refund through our support team will be considered a violation of this Agreement and may result in loss of access to the Program and further action.
Amazon Affiliate Website:
All Amazon Affiliate Website sales are final, and are not subject to any Refunds or Credit options.
1. Process for Requesting Refunds:
To request a refund, clients must submit a written notice to the Service Provider within the evaluation period outlining the reasons for dissatisfaction using any of the communication channels listed in the DFY Dave's Refund Policy. The Service Provider will review the request and attempt to resolve any issues. If a resolution cannot be achieved, the refund process will commence as per the tiered refund policy.
2. Credit Options:
Instead of a refund, the Client may opt to receive a credit equal to the refund amount, which can be used towards future projects with the Service Provider within 1 (one) year. If more than 1 (one) year has passed since the day of receiving notification that Credit was awarded, the Service Provider reserves the right to honor this Credit at their discretion. The Credit may be used at any time for any service or product during promotional periods where the service or product price may be discounted.
3. Exceptions and Special Circumstances:
Customized Products or Services: Products or services that have been customized or tailored to meet specific customer requirements may only be eligible for refunds if they are found to be defective or not as described.
Promotional or Discounted Items: Items purchased at a discounted price or as part of a promotion are subject to the same refund policy. The refund or Credit will reflect the discounted or promotional price minus any management and transaction fees (not to exceed 10% of the original sales price, including discounts and promotional offers).
4. How to Request a Refund:
To request a refund for any product or service, please email our customer support team at support@dfydave.com. Please provide your order details, a brief explanation of the reason for the refund request, and any other information specifically required for the refund process for the products or services listed above.
5. Processing Time:
Refunds will be processed within 7 (seven) working days upon approval of the refund request for the product or service. Please note that, depending on your payment method and financial institution, the refunded amount may take additional time to be reflected in your account.
6. Contact Us:
If you have any questions or concerns about our refund policy, please don’t hesitate to contact us. Our customer support team is available to assist you with any inquiries.
DN MEDIA INC,
30 North Gould Street,
Sheridan, Wyoming, 82801, United States,
Contact Phone: +1 (307) 218-7787
support@dfydave.com
Note: This refund policy is subject to change without prior notice. Please check our website or contact our customer support team for the most up-to-date information regarding our refund policies.
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR THE USE OF THIS WEBSITE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME. THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS CONCERNING THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS.
To be up-to-date on all of our policies be sure to read through out Terms & Conditions. At DFY Dave, owned and operated by DN MEDIA INC d/b/a “dfydave.com/” (“DFY Dave”, “COMPANY”, “we”, “us”, “Seller” or “Service Provider”), we strive to ensure the satisfaction of our Customers (“Client” or “Buyer”) with every product and service we offer. We understand that circumstances may arise where a refund is necessary. Below are the refund policies for each product and service we offer:
Affiliate Terms of Service
Last Update: May 7. 2026
These Affiliate Program Terms of Service (the “Terms”) govern participation in the affiliate program (the “Affiliate Program”) operated by DN MEDIA INC, a Wyoming corporation doing business as DFY Dave (“Company,” “DFY Dave,” “we,” “us,” or “our”). They form a binding agreement between the Company and you (“Affiliate,” “you,” or “your”). By applying to, accepting an offer from, accessing the dashboard of, generating a link under, or otherwise participating in the Affiliate Program, you accept these Terms and our Terms & Conditions, Privacy Policy, and Refund Policy. If you do not accept these Terms, you may not participate in the Affiliate Program.
Summary of Key Terms
The summary below is informational only. The detailed sections below control in any conflict.
1. Definitions
In these Terms:
- “Affiliate Dashboard” means the affiliate portal at buy.dfydave.com/portal (or any successor URL) where commission rates, tracking links, performance data, and payment information are made available to you.
- “Affiliate Link” means the unique tracking URL or coupon code issued by us to attribute referred Customers and Qualifying Sales to you.
- “Approved Commission” means a commission attributable to a Qualifying Sale that has cleared our internal risk review and the applicable refund window and is marked “approved” in the Affiliate Dashboard.
- “Brand Assets” means our trademarks, service marks, trade names, logos, product names, founder names, screenshots, copy, creative materials, videos, and other proprietary content, whether or not registered.
- “Cookie Window” has the meaning given in Section 5.
- “Customer” means any person or entity who purchases a Product through your Affiliate Link.
- “Product” means any product, service, course, coaching program, digital asset, website, or other offering sold by the Company, including without limitation YouTube Monetization, TikTok Monetization, DFY YouTube Videos, Channel Reviews, HRPV Channel Reviews, Amazon Affiliate Websites, and YouTube Coaching with Dave Nick.
- “Qualifying Sale” has the meaning given in Section 6.
2. Program Overview and Relationship of the Parties
The Affiliate Program permits approved Affiliates to promote our Products through Affiliate Links and earn commissions on Qualifying Sales they refer to us, subject to these Terms.
You are an independent contractor. These Terms do not create an employment, partnership, joint venture, franchise, agency, fiduciary, or representative relationship. You have no authority to bind or act for the Company, and you may not represent yourself as an employee, owner, agent, partner, or official representative of the Company.
You are solely responsible for your own marketing strategy, content, websites, advertising spend, business operations, taxes, employees, contractors, and legal compliance.
3. Eligibility and Application
Participation is by application only and subject to our acceptance.
To be eligible, you must (a) be at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater; (b) have the legal capacity to enter into a binding contract; (c) not be located in, organized under the laws of, or be a national of any country subject to comprehensive U.S. economic sanctions; (d) not appear on any U.S. or international restricted-party or sanctions list; and (e) provide accurate, current, and complete information in your application.
We may accept, reject, suspend, or remove any Affiliate at our sole discretion, with or without cause, and with or without notice. We may reject or remove Affiliates whose websites, social channels, content, advertising practices, audience composition, or business activities are, in our reasonable judgment, misleading, unlawful, offensive, low-quality, off-brand, or otherwise inconsistent with our standards.
Approval as an Affiliate is not an endorsement of you by the Company.
4. Affiliate Account and Account Security
On approval, you will be provisioned an account on the Affiliate Dashboard. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not you authorized it. You must notify us promptly at affiliates@dfydave.com of any suspected unauthorized use of your account.
You may not (a) maintain more than one Affiliate account without our prior written consent; (b) transfer, sell, or assign your account to a third party; or (c) use another Affiliate’s account, link, or coupon code.
5. Tracking, Attribution, and Cookie Window
Approved Affiliates will be issued a unique Affiliate Link. Commissions are credited on a last-click attribution basis: the most recent Affiliate Link clicked by the Customer before the Qualifying Sale receives the credit.
We use a one-hundred-eighty (180) day Cookie Window. If a Customer clicks your Affiliate Link and completes a Qualifying Sale within that window, you may be eligible for a commission, subject to these Terms.
Commissions are tracked solely through our affiliate-tracking system. We are not responsible for, and no commission is payable on, any sale not properly attributed to your Affiliate Link, including sales lost to deleted, blocked, or expired cookies; private or incognito browsing; ad-blockers or privacy extensions; cross-device or cross-browser purchases; manual link entry; or any other technical failure outside our reasonable control.
We reserve the right to change tracking technology, attribution methodology, and the Cookie Window prospectively at any time.
6. Qualifying Sales
A “Qualifying Sale” is a completed purchase that satisfies all of the following:
- it is properly tracked through your Affiliate Link in our tracking system;
- it is paid in full by the Customer in cleared funds;
- it is not refunded, canceled, charged back, disputed, reversed, or flagged as suspicious;
- it does not involve actual or suspected fraud, stolen card use, unauthorized payment activity, identity misuse, or payment-method abuse;
- it is not a self-referral or a purchase by a member of your household, your business, or any account or entity you control or are affiliated with;
- it is not made primarily to generate a commission; and
- it is otherwise compliant with these Terms.
We may review, reject, cancel, reverse, claw back, or withhold commissions on any sale that we believe, in our reasonable discretion, may involve fraud, abuse, suspicious billing, stolen payment information, self-referrals, duplicate accounts, coupon abuse, prohibited paid-ads activity, misleading marketing, undisclosed material connections, or any other violation of these Terms.
For the avoidance of doubt, a sale is not final or commissionable until it has passed our internal risk review, the applicable refund window has expired, and the sale remains valid and unreversed.
7. Commission Structure
Commission rates vary by Product, offer, promotion, and Affiliate. The applicable rate for each Product is displayed in the Affiliate Dashboard or otherwise communicated to you in writing. You are responsible for confirming the current rate before promoting a Product.
Unless otherwise agreed in writing, commissions are calculated on the net amount actually received by the Company after taxes, shipping, payment-processing fees, refunds, chargebacks, and discounts.
We may at any time, in our sole discretion and with or without prior notice: (a) change, increase, reduce, or remove any commission rate; (b) exclude specific Products, offers, upsells, downsells, payment plans, custom-priced deals, manually processed transactions, or promotional campaigns from commission eligibility; (c) cap per-Affiliate or per-Customer commissions; or (d) introduce new commission tiers, bonuses, or promotional rates.
Unless otherwise stated, commission changes apply only to sales made after the updated rate becomes active in the Affiliate Dashboard. Commissions earned before the change remain subject to the rate in effect at the time of the original sale, provided the sale remains a Qualifying Sale.
8. Payouts: Minimum, Methods, and Schedule
8.1 Payout minimum.
You must accumulate a minimum unpaid Approved Commission balance of one hundred U.S. dollars ($100 USD) before requesting a payout. Balances below the minimum roll over until the threshold is met.
8.2 Payout methods.
Payouts are issued by bank transfer only. We may add, change, or remove payout methods at our discretion. You are responsible for providing accurate and current bank or payment details. We are not liable for delayed, failed, or misdirected payments resulting from inaccurate or incomplete information you have provided.
8.3 Payout schedule.
Commissions are paid on a net thirty (30) basis. A commission becomes eligible for payout request no earlier than thirty (30) days after the date of the Qualifying Sale, provided the sale remains an Approved Commission and has not been refunded, canceled, charged back, disputed, or reversed. Example: a Qualifying Sale dated January 1 may be requested on or after January 31, subject to the $100 minimum and our approval.
8.4 Fees.
Bank, intermediary, currency-conversion, and transfer-related fees may be deducted from the payout or borne by you.
8.5 Holds.
We may delay or withhold any payout pending investigation of suspicious activity, refund or chargeback risk, policy violations, fraud, tracking disputes, or compliance concerns.
8.6 Stale balances.
If your account is closed, or if you record no clicks, sales, or logins for twelve (12) consecutive months, we may, to the extent permitted by applicable law, forfeit any unpaid commission balance below the minimum payout threshold.
9. Refunds, Chargebacks, Reversals, and Right of Set-Off
If a Customer receives a refund, files a chargeback, cancels a purchase, disputes a transaction, or otherwise reverses a sale, the related commission is not payable. If a commission has already been paid on a sale that is later refunded, charged back, or reversed, you authorize us to deduct, recoup, or set off the amount against current or future commissions, and you agree to repay any negative balance on demand.
We further reserve a right of set-off against any amounts payable to you for any other amounts you owe to us, including under any other agreement between you and the Company.
10. Approved Promotional Channels and Sub-Affiliates
You may promote our Products through your own websites, blogs, email lists you own (and have collected with proper consent), social-media channels, podcasts, video platforms, paid-ad accounts (subject to Section 11), and similar channels you control, in each case in accordance with these Terms.
You may not (a) place Affiliate Links on incentivized-traffic, autosurf, paid-to-click, or click-farm sites; (b) operate the Affiliate Program through a sub-affiliate, downline, multi-tier, or network arbitrage model without our prior written consent; (c) re-distribute or resell your Affiliate Link to third parties; or (d) bundle our Products with third-party offers or rebates without our prior written consent.
Unless we expressly approve a coupon, discount, cashback, or loyalty arrangement in writing, you may not place Affiliate Links on coupon, cashback, deal-aggregator, browser-toolbar, browser-extension, or pop-up sites or apps.
11. Paid Advertising Policy
You may use paid advertising only if you fully comply with this Section 11 and all applicable platform policies, including those of Google Ads, Meta/Facebook Ads, TikTok Ads, YouTube Ads, X Ads, LinkedIn Ads, Reddit Ads, and any other platform on which you advertise.
You may not:
- bid on, or use as keywords, our brand names, company names, product names, founder names (including “Dave Nick”), trademarks, domain names, or any misspellings, variations, or confusingly similar terms thereof;
- use our brand names, product names, trademarks, or confusingly similar terms in ad copy, headlines, display URLs, ad extensions, asset names, domains, subdomains, social handles, channel names, profile names, landing-page URLs, or tracking-link slugs without our prior written approval;
- direct-link paid ads to our website, properties, or domains without our prior written approval;
- present yourself as DFY Dave, Dave Nick, an authorized representative, an employee, or the owner or operator of our Products or website;
- run advertising that violates the rules of the advertising platform, applicable law, or any advertising self-regulatory code, including the FTC Act, the U.K. CAP/ASA Code, the Australian Consumer Law, and equivalent regulations in your jurisdiction;
- use false, misleading, exaggerated, deceptive, or unsubstantiated claims, including fake countdown timers, fake stock-availability indicators, fake reviews, fake testimonials, fake earnings claims, false guarantees, or misleading income or business representations;
- use unauthorized coupon codes, discounts, promotional offers, or rebates;
- run paid traffic through bridge pages, pre-sell pages, advertorials, quizzes, surveys, or funnels containing claims that have not been approved by the Company in writing; or
- target audiences that are inappropriate, illegal, or sensitive, including children under thirteen, vulnerable individuals, or jurisdictions where our Products are not available.
You are solely responsible for all advertising costs. We will not reimburse advertising spend under any circumstances. We may require you, at any time and in our sole discretion, to pause, edit, take down, or permanently remove any advertisement, asset, or campaign.
12. Email, SMS, and Direct-Message Marketing
You may not send spam or unsolicited commercial messages.
All email, SMS, push-notification, and direct-message marketing must comply with all applicable laws, including the U.S. CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), state-level privacy and messaging laws, the EU GDPR and ePrivacy Directive, the U.K. PECR, the Canadian Anti-Spam Legislation (CASL), and the Australian Spam Act, and with the rules of the platform on which the message is sent.
You must obtain proper consent from recipients, honor opt-out requests promptly, identify yourself accurately as the sender, and include any disclosures required by law.
You may not state or imply that any communication is sent by, on behalf of, authorized by, or officially endorsed by us, unless we have approved that communication in writing in advance.
13. FTC Disclosure and Advertising Compliance
You must clearly and conspicuously disclose your material connection to us whenever you promote our Products, in accordance with the FTC Endorsement Guides (16 CFR Part 255), the FTC’s “Disclosures 101 for Social Media Influencers” guidance, and any equivalent rules in your jurisdiction.
Disclosures must be (a) placed near the relevant claim, link, or endorsement, and not buried in a footer, “about” page, or separate disclosure page; (b) easy for ordinary consumers to notice and understand; (c) made in the same language as the promotional content; and (d) included in every relevant post, video, livestream, story, or message, not only one of them. For video, disclosures must appear both verbally and on screen during the promotion. For short-form social content, disclosures must appear in the visible portion of the post (above the “more” cut-off where applicable). Hashtags such as “#ad,” “#sponsored,” or “#affiliate” alone may not be sufficient if they are not prominent or are surrounded by unrelated tags.
Examples of acceptable disclosure language:
- “I may earn a commission if you buy through my link, at no extra cost to you.”
- “This is an affiliate link. I am paid if you purchase.”
- “Paid affiliate promotion.”
You must comply with all applicable advertising laws, including those prohibiting deceptive or unfair practices (such as Section 5 of the FTC Act), and platform-specific advertising and disclosure rules.
14. Earnings, Income, and Results Claims
Our Products concern online business and revenue generation. Claims about earnings, income, or business results are heavily regulated by the FTC Act, the FTC Endorsement Guides, the FTC’s October 2021 Notice of Penalty Offenses Concerning Money-Making Opportunities, and equivalent rules in other jurisdictions. You must comply with this Section in all promotional activity.
You may not make, imply, or simulate any claim, in any medium, about earnings, income, profits, traffic, sales, monetization, or business results that you cannot substantiate as truthful, typical, and supported by reliable data. This includes, without limitation, prohibitions on:
- specific or numerical income claims (for example, “I made $10,000 in my first month with DFY Dave”);
- “replace your job,” “quit your 9-to-5,” or “fire your boss” framing;
- screenshots of bank balances, payment-processor dashboards, channel earnings, or analytics presented in a manner that suggests typical or guaranteed results;
- lifestyle, luxury, or “before-and-after” imagery (cars, homes, travel, jewelry, large cash piles) presented as outcomes of using our Products;
- guarantees or promises of any specific result, ranking, monetization status, audience growth, or financial outcome;
- “anyone can do this,” “no skill required,” or “passive income on autopilot” framing;
- claims of average earnings without disclosing the actual typicality and methodology of the data;
- testimonials presented as typical when they are not, or testimonials lacking the disclosures required by the FTC Endorsement Guides;
- omission of material information that would change a reasonable consumer’s understanding of the claim; and
- use of our internal earnings, case studies, or revenue figures unless we have published them and you reproduce them accurately and in full context, including all required disclaimers.
If you reference earnings or results, you must (a) use only figures we have officially published; (b) reproduce them accurately and in full context; (c) include a clear and conspicuous disclaimer that results are not typical and that individual outcomes vary; and (d) link to, or reproduce, our Earnings Disclaimer in proximity to the reference.
You acknowledge that our Earnings Disclaimer, incorporated into our Terms & Conditions, applies to your promotional activity, and you agree not to make any representation that contradicts it.
Breach of this Section is a material breach of these Terms and may result in immediate termination, forfeiture of unpaid commissions, claw-back of paid commissions, and indemnification liability under Section 23.
15. Prohibited Marketing Activities
You may not engage in any of the following:
- false, misleading, deceptive, exaggerated, or unsubstantiated advertising;
- fake reviews, fake testimonials, fabricated case studies, or AI-generated endorsements presented as real customer experiences;
- cookie stuffing, forced clicks, hidden iframes, automatic redirects, click fraud, or any tracking manipulation, including the use of bots, click farms, or incentivized clicks;
- adware, malware, spyware, browser hijackers, browser toolbars or extensions that drop affiliate cookies without an affirmative click, or any pop-up, pop-under, or pop-over that loads our Affiliate Link without the user’s clear, intentional click;
- self-referrals, including purchases for yourself, your household, your employees, contractors, business entities, or any account or person you control or are affiliated with;
- trademark infringement, passing off, or impersonation of the Company, Dave Nick, our employees, or our Products;
- registering, using, or trafficking in domain names, social handles, channel names, app names, profile names, or usernames that include our trademarks, “Dave Nick,” “DFY Dave,” our product names, or confusingly similar terms;
- unauthorized coupon, cashback, loyalty, points, or incentive programs;
- spam, unsolicited commercial messaging, scraped or purchased contact lists, mailbox-bombing, or robocalls;
- content that is unlawful, defamatory, hateful, harassing, adult, sexually explicit, violent, gore, discriminatory, child-targeted, or otherwise damaging to our brand or reputation;
- promotion in jurisdictions where our Products are not lawfully available, or to audiences where the promotion would violate applicable law, including U.S. and international sanctions;
- any conduct that violates platform rules, payment-processor rules, search-engine rules, or applicable law; or
- any activity that could expose the Company to legal, regulatory, reputational, or financial risk.
Any breach of this Section is a material breach. We may immediately suspend or terminate your account, withhold or claw back commissions, and pursue any remedy available at law or in equity.
16. Brand Assets, Trademarks, and Intellectual Property
You may use only those Brand Assets we provide or expressly approve in writing, and only to promote our Products in compliance with these Terms. Use of Brand Assets is a limited, revocable, non-exclusive, non-transferable license; it grants you no ownership rights and no right to sublicense.
All Brand Assets, content on our website, Products, course materials, marketing copy, and intellectual property are and remain the exclusive property of DFY Dave or its licensors. You acquire no right, title, or interest in any of our intellectual property by participating in the Affiliate Program. Goodwill arising from your use of our Brand Assets inures solely to the Company.
You may not (a) modify, distort, or recreate our Brand Assets in a manner that misrepresents the Company; (b) combine our Brand Assets with third-party trademarks in a way that suggests joint ventures or co-branding; or (c) use our Brand Assets in any way that violates these Terms or our written guidance.
We may at any time and for any reason require you to remove, modify, or stop using any Brand Asset.
17. Customer Relationship
Customers who purchase through Affiliate Links are customers of the Company, not of the Affiliate. The Company is solely responsible for fulfillment, customer support, refund decisions, pricing, payment processing, billing inquiries, and Customer-account management.
You may not (a) make promises, guarantees, or representations on our behalf; (b) offer or imply discounts, refunds, payment plans, or service-level commitments without our prior written approval; (c) act as customer support for Customers; or (d) collect, store, or process Customer data on our behalf except as permitted by these Terms and applicable law.
If a Customer contacts you with a support, billing, or refund question, you must direct them to support@dfydave.com.
18. Confidentiality and Data Protection
18.1 Confidentiality.
You may receive non-public information from us, including commission rates, conversion data, EPCs, dashboard analytics, product roadmaps, internal marketing materials, draft offers, and other information marked confidential or that a reasonable person would treat as confidential (“Confidential Information”). You agree to (a) keep Confidential Information strictly confidential; (b) use it only to participate in the Affiliate Program; (c) not disclose it to any third party without our prior written consent; and (d) protect it with at least the same degree of care you use to protect your own confidential information, and in no event less than reasonable care. These obligations survive termination for two (2) years, and trade secrets remain protected for as long as they qualify under applicable law.
18.2 Data protection.
To the extent you process personal data of Customers or prospects, you do so as an independent controller under applicable data-protection laws (including GDPR, U.K. GDPR, and CCPA/CPRA). You are solely responsible for your own compliance, including providing required notices, obtaining required consents, honoring data-subject rights, and adopting appropriate technical and organizational measures. You may not sell, share, rent, or transfer Customer or prospect data to any third party except as required by law. Our handling of your personal data is described in our Privacy Policy.
19. Taxes and Payment Documentation
You are solely responsible for all taxes, duties, withholdings, social-security contributions, sales tax, VAT, GST, reporting obligations, and government filings related to your commissions and your participation in the Affiliate Program.
Before issuing any payment, we may require you to provide tax forms, identity verification, business information, bank or payment information, sanctions screening, and any other documentation we reasonably require, including IRS Form W-9 (for U.S. persons) or Form W-8BEN or W-8BEN-E (for non-U.S. persons), as applicable.
If you are a U.S. person and we pay you $600 or more in a calendar year, we will issue an IRS Form 1099-NEC (or its applicable successor). If you are a non-U.S. person, we may be required to withhold tax under U.S. law and any applicable tax treaty.
Failure to provide required documentation, or providing inaccurate information, may result in delayed payouts, withheld payouts, or termination.
20. Term, Suspension, and Termination
These Terms become effective on the date you join the Affiliate Program and continue until terminated.
20.1 Termination by you.
You may terminate at any time by closing your account, ceasing use of all Affiliate Links and Brand Assets, and notifying affiliates@dfydave.com.
20.2 Termination by us.
We may suspend or terminate your account, immediately and without notice, if we believe in our reasonable discretion that you have violated these Terms, harmed our brand, engaged in fraud or abuse, or created legal or reputational risk. We may also terminate the Affiliate Program in whole or in part at any time.
20.3 Effect of termination.
On termination: (a) you must immediately cease using all Affiliate Links, Brand Assets, promotional materials, trademarks, and any claim of association with us; (b) commissions earned before termination are payable only if they are valid Approved Commissions, not subject to refund or chargeback, and not connected to any violation of these Terms; (c) we may forfeit any unpaid commissions tied to violations; and (d) provisions that by their nature should survive termination will survive.
21. Modification of Terms
We may update, modify, or replace these Terms at any time by posting the updated version on our website, in the Affiliate Dashboard, or by emailing you. The updated Terms become effective on the date posted unless we specify a later effective date. Your continued participation in the Affiliate Program after the effective date constitutes acceptance of the updated Terms. If you do not accept the updated Terms, you must terminate your participation under Section 20.1.
22. Disclaimers, Limitation of Liability, and No Guarantee of Earnings
22.1 Disclaimers.
THE AFFILIATE PROGRAM, AFFILIATE DASHBOARD, TRACKING SYSTEMS, AND BRAND ASSETS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE PROGRAM, AFFILIATE DASHBOARD, OR TRACKING WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM LOSS OF DATA.
22.2 No guarantee of earnings.
Participation does not guarantee any commissions, sales, traffic, income, or business results. Affiliate success depends on factors outside our control, including audience, traffic quality, market conditions, offer fit, and your own marketing strategy. Our Earnings Disclaimer applies in full.
22.3 Limitation of liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, LOST DATA, OR BUSINESS INTERRUPTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO ANY AFFILIATE IN CONNECTION WITH THESE TERMS OR THE AFFILIATE PROGRAM WILL NOT EXCEED THE LESSER OF (A) THE UNPAID APPROVED COMMISSIONS OWED TO THAT AFFILIATE WHEN THE CLAIM ARISES, AND (B) THE TOTAL COMMISSIONS PAID TO THAT AFFILIATE IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
If applicable law does not allow the exclusion or limitation of certain damages or liabilities, the foregoing limitations apply only to the extent permitted.
23. Indemnification
You will indemnify, defend, and hold harmless the Company, its affiliates, and their respective owners, officers, directors, employees, contractors, agents, partners, and licensors from and against any and all claims, demands, actions, losses, damages, judgments, settlements, fines, penalties, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) your marketing, promotional, or business activities; (b) your breach of these Terms; (c) your violation of applicable law, regulation, or platform rule; (d) your misleading, deceptive, or non-compliant claims, disclosures, advertisements, emails, messages, or content; (e) your misuse or unauthorized use of our intellectual property or Brand Assets; (f) your handling of personal data; (g) any tax obligation arising from your commissions; or (h) any third-party claim that your activity caused harm or violated their rights.
We may, at our option and at your expense, assume exclusive control of the defense and settlement of any claim, in which case you will cooperate fully with us. You may not settle any claim that imposes any obligation on us without our prior written consent.
24. Force Majeure
Neither party will be liable for any failure or delay in performance, other than payment of finalized Approved Commissions, caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government actions, sanctions, embargoes, labor disputes, internet or telecommunications outages, payment-processor or banking-system failures, platform outages, hacking, or denial-of-service attacks.
25. Governing Law and Dispute Resolution
These Terms are governed by and construed under the laws of the State of Wyoming, U.S.A., without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
25.1 Informal resolution.
Before initiating any formal proceeding, the parties will attempt in good faith to resolve any dispute by informal discussion, beginning within thirty (30) days after written notice of the dispute is given.
25.2 Binding arbitration.
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Affiliate Program will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, by a single arbitrator, with the seat of arbitration in Sheridan County, Wyoming. The arbitrator’s award may be entered in any court of competent jurisdiction. Each party will bear its own legal costs unless the arbitrator determines otherwise.
25.3 Class-action waiver.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
25.4 Equitable relief.
Either party may seek injunctive or other equitable relief in a court of competent jurisdiction located in Wyoming to protect its intellectual property rights or Confidential Information.
26. General Provisions
26.1 Notices.
Formal notices to us must be sent in writing to affiliates@dfydave.com or to the postal address in Section 27. Notices to you may be sent to the email address on file in your affiliate account.
26.2 Assignment.
You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may freely assign these Terms, in whole or in part, to any affiliate, successor, or acquirer. Any attempted assignment in violation of this Section is void.
26.3 Severability.
If any provision of these Terms is held unenforceable, invalid, or illegal, that provision will be modified to the minimum extent necessary to make it enforceable or, if not possible, severed; the remaining provisions remain in full force.
26.4 Waiver.
No failure or delay by either party in exercising any right operates as a waiver. Any waiver must be in writing and signed by the waiving party.
26.5 Survival.
All provisions that by their nature should survive termination, including those concerning earned commissions, indemnification, confidentiality, intellectual property, disclaimers, limitation of liability, governing law, and dispute resolution, will survive.
26.6 Headings.
Section headings are for convenience only and do not affect interpretation.
26.7 Entire agreement.
These Terms, together with our Terms & Conditions, Privacy Policy, Refund Policy, Earnings Disclaimer, and any written addenda we issue, constitute the entire agreement between you and us regarding the Affiliate Program and supersede all prior or contemporaneous communications.
26.8 Order of precedence.
In any conflict between these Terms and another agreement between you and the Company, these Terms control with respect to the Affiliate Program, unless the conflicting agreement is a signed amendment that expressly references and supersedes these Terms.
27. Contact
Questions about the Affiliate Program may be sent to:
DN MEDIA INC
30 North Gould Street
Sheridan, Wyoming 82801
United States
Email: affiliates@dfydave.com
Website: https://www.dfydave.com/affiliate
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