World Vital Records, Inc. Affiliate Agreement
Please read the agreement document below before registering. If you agree to these terms click the link below to enroll in the program.
1) Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term. You also agree to follow any special instructions or restrictions that are included in the affiliate admin area.
2) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
3) Limitation of Liability: We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.
4) Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
5) Commission Payments: For a sale of a site membership, which we make as a result of a direct referral by an affiliate, that affiliate will receive a commission fee of 30% of the selling price of the membership package sold. A commission will only be credited to an affiliate after the customer has made full payment to World Vital Records. If affiliate directly refers more than 25 member subscriptions in a calendar month the commission fee will increase to 40% of the selling price of the membership package sold.Commissions are tracked using various methods including cookies. The cookie duration is 365 days and is used to track the initial sale.
World Vital Records reserves the rights to sell products outside of the membership plans on our site or to our members. There will be no commission paid to affiliates on these non-membership products.
Commissions for a given month are calculated on or before the 10th of the following month after which commission checks will be mailed to the affiliate by World Vital Records within 10 business days. Payments will be issued via check only, made payable to the affiliate in the name the affiliate submits in his or her online registration, and mailed to the mailing address provided by the affiliate. Affiliates must have accumulated commissions of at least $25 for a given payment period before a check will be issued. If commissions are less than $25 for a given month, the commissions will be held over until the next month. This will continue until the commissions accumulate to more than $25.
If you are paid over $600.00 in a single calendar year you will be sent a 1099 for tax purposes.
6) Responsibility for Your Web Site(s) and Your Participation: You will be solely responsible for the development, operation, and maintenance of all Web sites that are linked to the Merchant Web Site hereunder and for all content, technology and other materials that appear on such Web sites. You acknowledge and agree that you are responsible for complying with all of the terms and conditions hereof and all applicable laws, rules and regulations. You represent, warrant, covenant, and agree that:
(i) You will not state or imply that we or the applicable Merchant Partners sponsor, endorse, sanction or otherwise approve your Web site or any of your products or service.
(ii) You will not state or imply that you are an affiliate, associate, partner or agent of us or the Merchant Partners or otherwise take any action that could reasonably cause customers confusion as to our and/or the Merchant Partners' relationship with you.
(iii) You will not take any action that could reasonably cause customers confusion as to the Web site on which any data collection, purchase transaction or other functions are occurring.
(iv) You will make no representations regarding the association of My AP with us or you.
(v) At all times during and after the term of this Agreement, you will protect all of our, our Merchant Partners' and My AP’s Confidential Information (as defined below) that you obtain or otherwise have access to with the same degree of care that you use to protect your own confidential and proprietary information but in no event less than a reasonable standard of care.
(vi) You will only use our, the Merchant Partners' and My AP’s Confidential Information to the extent necessary to perform your obligations hereunder.
(vii) You will not use or display any trademark, service mark, logo or other content of My AP or infringe any of My AP’s technology rights. For purposes of this Agreement, "Confidential Information" means all non-public information provided or obtained by you, all customer information, and all business and sales information related to transactions through this Affiliate Program.
7) WARRANTY DISCLAIMER: NEITHER WE NOR THE MERCHANT PARTNERS MAKE ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, WITH REGARD TO THE PRODUCTS OR SERVICES SOLD THROUGH THE MERCHANT WEB SITE OR THE OPERATION AND MAINTENANCE OF THE MERCHANT WEB SITE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE MERCHANT WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
8) LIMITATION OF DAMAGES: NEITHER WE NOR THE MERCHANT PARTNERS WILL HAVE ANY LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY OR OTHER THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, DATA OR PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE AFFILIATE PROGRAM WILL IN NO EVENT EXCEED THE TOTAL REVENUE SHARE PAID OR PAYABLE BY US TO YOU UNDER THIS AGREEMENT DURING THE PRECEDING 12 MONTH PERIOD PRIOR TO THE DATE SUCH LIABILITY AROSE.
9) Independent Contractors: We are independent contractors and nothing in this Agreement or in any My AP affiliate program documents is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship.
I accept these terms and wish to register
Copyright 2006-2008, The World Vital Records, Inc Affiliate Program.