Cheeky Vintage Affiliate Program Agreement
rev 1, date 11/21/2023
This is a contract between you (the “Affiliate”) and us (“Cheeky Vintage”). The Affiliate Program Agreement applies to your participation in our Affiliate Program.
Non-Exclusivity
This Agreement does not create an exclusive agreement between you and us. Both you and we retain the right to recommend similar products of third parties and to work with other parties.
Affiliate Acceptance
Cheeky Vintage currently uses UpPromote as its affiliate management tool.
This agreement shall become active on the day you are accepted into the program. Acceptance requires that:
1. You have applied to become an affiliate using our Affiliate management portal.
2. You have provided your taxpayer information in our Affiliate management portal to enable issuance of 1099 tax documentation.
3. You have provided a valid payment method in our Affiliate management portal.
4. You have provided your signature on this agreement.
This Agreement will apply for as long as you participate in the Affiliate Program.
Cheeky Vintage will periodically review the sales performance level of all affiliates to determine continued eligibility.
Termination
Either party may terminate this Agreement on fifteen (15) days written notice to the other party.
Notice will be sent to the contact address shown below and will be deemed delivered as of the date of actual receipt.
To Cheeky Vintage: Cheeky Vintage LLC, 2134 Richmond Ave., Houston, TX 77098, U.S.A. Attention: Tina Davis or tina@cheekyvintage.com .
To you: your address or email address as provided in our affiliate portal.
Affiliate Links
Affiliate links are made available to you inside our Affiliate Management tool. These links are unique to you.
Commission Payments
You will be eligible for a Commission payment for any sales that are derived from your affiliate link. Tracking of affiliate links requires the use of cookies. Cookies from affiliate links expire. If a customer does not purchase a product within the expiration time period, you will not be eligible for a Commission payment, even if the customer decides to purchase after the time period has expired.
Commission payments will be in US dollars. Commission amounts will be 10% of affiliate sales as recorded in the affiliate tool. Commission is not paid on additional amounts collected for items such as shipping fees and sales taxes. Commissions will be deducted for returned products.
Commissions will be paid at the end of the month for prior month’s sales in order to allow for customer returns. For example, commissions earned for January sales will be paid at the end of February.
You are responsible for payment of all taxes and fees (including bank fees) applicable to the Commission.
Affiliate Transparency
Affiliate must clearly state, on any website(s) or other media where an Affiliate Link is made available, that you are an affiliate of Cheeky Vintage and a commission is earned for referral sales.
Confidentiality
“Confidential Information” means all confidential information disclosed by a party ("Disclosing Party") to the other party (“Receiving Party”), (i) whether orally or in writing, that is designated as confidential.
The Receiving Party will not disclose any confidential information provided by the Disclosing Party without the prior written consent of the Disclosing Party. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do by law or regulation.
Indemnification
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, (b) our use of the prospect data you provided us, (c) your noncompliance with or breach of this Agreement, and (d) your use of the Affiliate Tool.
Limitations of Liability
If we are determined to have any liability to you or any third party, the parties agree that our aggregate liability will be limited to the total commission amounts you have actually earned for the related customer transactions in the twelve-month period preceding the event giving rise to a claim.
We disclaim all liability with respect to the affiliate tool that you use. We may choose to change the affiliate tracking tool we use at any time.
Cookies used as part of the affiliate tool have a set duration. If a potential customer clears their cookies during this period, Cheeky Vintage shall not be liable for any commissions that may have been owed to you.
General
Laws. This Agreement shall be governed by the laws of the state of Texas, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Houston, Texas.
Force Majeure
Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Entire Agreement
This Agreement is the entire agreement between us for the Affiliate Program and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you.
