VR KIX Affiliate Agreement
This Affiliate Agreement (the "Agreement") is made by and between Adaptive Designs Inc. (dba VRKiX.com), a Maine, USA corporation and you, as an Affiliate utilizing the VRKix.com site ("You", "Your", "Affiliate").
You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering. By registering you indicate Your acceptance of this Agreement and its terms and conditions.
The following agreement is summarized as follows:
- VRKiX affiliate program is a pay-per-sale program.
- To sign up as an affiliate you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities.
- You place links and or banners anywhere on your site as you see fit, or within non-spam emails.
- You may place banners or links within your newsletters, in content of your website, or within other web related content.
- We may email you concerning new programs and or changes to service
· Our affiliate commission rate is 15% of sales that occur as a direct conversion from visitors redirected from your site. You will be paid commissions, at such time as your account balance is $50 or more and we will pay monthly on the first Friday after the month closes. We will make payments by check, ACH or PayPal.
- International affiliates (those with addresses outside of the 50 U.S. States) are paid via Direct Deposit where possible.
- Your physical address listed for receiving checks MUST be your actual address
· VRKiX will issue a reversal of a commission previously earned for a sale in the case of returned merchandise, duplicate orders or transactions that are fraudulent.
- All statistics are collected and calculated by VRKiX.com, and will be the only valid stats used for determining commissions.
- You won't hold us liable for anything, a link to a non-VRKiX.com Web site does not mean that Adaptive Designs, Inc. endorses or accepts any responsibility for the content or the use of such Web site.
- You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough; we WILL terminate your account on the first offense.
- Affiliate accounts that are left inactive will be removed from our system if their balance is equal to or less than $25. If an abandoned affiliate account has a balance between $25 and $50, a $25 fee will be assessed once per calendar month, until the balance is equal to zero dollars - and is closed. At no time will an affiliate ever owe monies to Adaptive Designs Inc. based on fees - the account will simply be closed. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true - the account will remain in an active state.
- Failure to abide by these terms could mean termination and a complete forfeit of commissions.
"Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales.
"Commission" means the payout Adaptive Designs Inc. sets and agrees to pay for visitors referred to VRKiX Web site that results in a sale of a product or products.
"Link" means a hyperlink placed on an affiliate's site that, when clicked on, sends a visitor to VRKiX website. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to Adaptive Designs Inc.
VRKiX.com respects the privacy of its affiliates and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions, please contact firstname.lastname@example.org.
LIMITATION OF LIABILITY
You agree that VRKiX.com, although the provider Affiliate Program, has no responsibility or liability as a result of your placement of authorized links from your web site, and you, the affiliate, agree to indemnify, defend, and hold harmless VRKiX.com and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
VRKiX.com agrees to indemnify, defend, and hold harmless affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to vrkix.com's negligence or willful misconduct in performance of this Agreement.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of Adaptive Designs Inc. and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain the merchant’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.
You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by the Merchant above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge Adaptive Design’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of the Merchant.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
This Agreement shall be governed by Maine, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Maine, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.